Aggravated Assault Attorney in Brownsville

Criminal Defense for Felony Assault Charges in Cameron County

An aggravated assault charge in Texas is a felony. The Cameron County District Attorney’s Office prosecutes these cases aggressively, and the consequences of a conviction extend far beyond prison time. At The Law Office of Mauricio Garcia, clients in Brownsville and throughout Cameron County and Willacy County work directly with Mauricio Garcia from the first consultation through resolution. No paralegals. No intermediaries. Just direct access to the attorney handling your defense.

Mauricio was born in Brownsville and raised in Mexico, giving him genuine familiarity with the Southern border community and its cultural context. We provide bilingual representation in English and Spanish at every stage of the defense process, and flexible payment plans are available so financial constraints don’t stand between you and qualified legal counsel.

If you’re facing an aggravated assault charge in Brownsville or Cameron County, call The Law Office of Mauricio Garcia at (956) 395-3314 now to schedule a free, confidential consultation. Retaining counsel early can affect how your case develops in Cameron County courts.

What Constitutes Aggravated Assault Under Texas Law

Texas Penal Code Section 22.02 defines aggravated assault as a standard assault under Section 22.01 combined with one of two elevating elements: causing serious bodily injury to another person, including a spouse, or using or exhibiting a deadly weapon during the assault. Either element alone is sufficient to transform a misdemeanor into a felony charge.

Serious bodily injury means an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of the function of any bodily member or organ. Deadly weapon covers any firearm and any object that, in its manner of use or intended use, is capable of causing death or serious bodily injury. Texas courts have applied this definition to vehicles, baseball bats, and bottles.

Two aspects of this statute surprise many defendants. First, the prosecution doesn’t need to prove actual injury occurred. Pointing a firearm at someone during an argument or brandishing a weapon satisfies the deadly weapon element on its own. Second, aggravated assault can be charged on recklessness grounds, not just intent. A person who consciously disregards a substantial risk of serious harm can face the same felony charge as someone who acted deliberately.

Aggravated Assault Penalties in Texas

Without enhancements, aggravated assault is a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000. Several circumstances elevate the charge to a first-degree felony, which carries 5 to 99 years or life in prison:

• A deadly weapon is used and the victim is a family member, household member, or dating partner
• The assault involves or is directed at a public servant acting in an official capacity
• The victim is a security officer or process server performing official duties
• The assault is committed in retaliation against a witness, informant, or someone who reported a crime

Two additional penalty rules apply when a deadly weapon is involved. Under Texas Code of Criminal Procedure Art. 42A.054, aggravated assault involving a deadly weapon is a 3G offense, which eliminates eligibility for judge-ordered probation and requires serving at least 50% of the sentence before parole eligibility. Separately, Art. 42A.102 prohibits deferred adjudication when a deadly weapon is used or exhibited and causes serious bodily injury to a family member, household member, or dating partner. This restriction applies in those specific circumstances.

Defendants with a prior felony conviction facing a new first-degree charge face a repeat offender enhancement under Texas Penal Code Section 12.42, which raises the mandatory minimum to 15 years. Defendants with two prior sequential felony convictions face habitual offender status, imposing a mandatory sentencing range of 25 years to life regardless of the degree of the current charge.

Why Brownsville Defendants Choose The Law Office of Mauricio Garcia

Mauricio Garcia’s background as a federal judicial law clerk sets our firm apart from most criminal defense attorneys in Brownsville. That procedural foundation matters when aggravated assault charges intersect with federal jurisdiction or, critically, when a client’s immigration status is at stake. We practice both criminal defense and immigration law, which means non-citizen clients facing aggravated assault charges get a coordinated strategy that accounts for both dimensions of their case under one roof.

Mauricio was recognized as a 2023 Super Lawyer Rising Star and as a Top 40 Under 40 by The National Trial Lawyers. Those credentials reflect his background and advocacy, but what clients often cite is simpler: they know they’re talking to their attorney, not a case manager, when they call.

Start Your Defense Today

We offer a free, confidential consultation for aggravated assault cases throughout Brownsville, Cameron County, and Willacy County. The earlier you act, the more options your defense may have. Call us directly at (956) 395-3314 or reach out through our online contact form.