When someone is accused of aggravated assault with a deadly weapon by threat in Texas, the situation can feel overwhelming — especially when no one was physically harmed. But under Texas law, even a verbal threat combined with a deadly weapon can result in serious felony charges.
What Is Aggravated Assault by Threat in Texas?
Aggravated assault with a deadly weapon by threat occurs when a person intentionally threatens another with serious bodily injury while using or exhibiting a deadly weapon. Importantly, no physical injury is required for the charge to apply.
This offense is classified as a second-degree felony, carrying penalties of 2 to 20 years in prison and up to a $10,000 fine.
Will You Go to Prison for Aggravated Assault by Threat?
The most common question people ask after being charged is:
“Am I going to prison?”
The answer depends on several key factors, including:
- The details of the alleged threat
- Any prior criminal history
- Whether probation or deferred adjudication is available
Deferred adjudication — a form of probation that can help avoid a final conviction — isn’t guaranteed. However, an experienced Dallas criminal defense lawyer can often convince prosecutors it’s appropriate, especially when mitigating circumstances exist.
Possible Defenses for Aggravated Assault by Threat Charges
Aggravated assault by threat cases often hinge on intent, perception, and context. Common defenses include:
- Self-defense – You acted to protect yourself or someone else.
- Lack of intent – The threat was not made intentionally.
- Legal justification – The action was legally permissible.
- False accusation or misunderstanding – The alleged victim misinterpreted your words or actions.
Frequently Asked Questions About Aggravated Assault with a Deadly Weapon by Threat in Texas
Can I be charged even if I didn’t hurt anyone?
Yes. The law only requires that you intentionally threatened someone with serious bodily injury while displaying or using a deadly weapon. Physical harm is not necessary.
What counts as a “deadly weapon”?
Deadly weapons include firearms, knives, and any object capable of causing death or serious injury, depending on how it’s used or displayed.
Can I get probation for aggravated assault by threat?
In some cases, yes — especially if you have no prior record. Your attorney can argue for probation or deferred adjudication.
What if I acted in self-defense?
Self-defense is a powerful legal argument. If your actions were reasonable and necessary to protect yourself or another person, your lawyer can use this to fight the charge.
How can a Dallas criminal defense lawyer help?
A defense lawyer can review the evidence, question witness credibility, negotiate with prosecutors, and develop a strong legal strategy tailored to your situation.
Why Legal Representation Matters
Because these cases often come down to what someone perceived rather than what actually happened, your defense attorney’s ability to challenge the prosecution’s version of events is crucial. A skilled lawyer can present evidence of self-defense, negotiate for probation or a reduced charge, and help you avoid long-term felony consequences.
At My Dallas Criminal Lawyer, our Dallas and Frisco criminal defense attorneys understand how prosecutors build these cases — and how to dismantle them. We fight to protect your rights, freedom, and future.
If you’ve been accused of aggravated assault with a deadly weapon by threat, don’t wait to get the legal help you need. Call 214-949-4117 today or contact us online for a confidential consultation.
