Aggravated Assault Charges in Texas: What You Must Know Before You Say a Word

This is not legal advice. Every case is different. If you face aggravated assault charges in Texas, contact Kelly Benavides for a free, confidential consultation.

It started with a moment. An argument. A shove. A fight that got out of hand. Maybe you threw the first punch. Maybe you did not. Either way, the blue lights showed up. Now you are in handcuffs. Now everything is different.

People panic in moments like this. They talk too much. They explain. They apologize. They think words will fix what happened. Words will not fix this. Words will make it worse.

Aggravated assault is one of the most serious charges in Texas. The penalties are severe. The consequences last for years. But you still have rights. You still have options. And what you do in the next few hours can change everything.

Take a breath. Read this. Then call a lawyer.

What Makes Assault “Aggravated”

Texas law draws a hard line. Regular assault becomes aggravated assault when one of two things happens. Either someone suffers serious bodily injury, or a deadly weapon is used or displayed. You can read the full statute under Texas Penal Code §22.02.

That line changes everything. A misdemeanor becomes a felony. Months become years. A fine becomes prison time. A mistake becomes a permanent record that follows you into job interviews, custody hearings, and every background check for the rest of your life.

This is why your first decisions matter so much.

Your Words Are Weapons. Theirs.

When you are scared, you want to explain. You want to tell your side. You think if the officer just understood what really happened, this whole thing would disappear.

It will not disappear. It will grow.

Every word you say gets written down. Every emotion gets noted. Every explanation gets twisted into something you did not mean. That story you told to clear your name? It becomes the prosecution’s evidence. That apology you made because you felt bad? It becomes an admission of guilt.

You have the right to stay silent. This is not a technicality. This is survival. Use it.

You have the right to a lawyer. Do not answer questions. Do not give statements. Do not explain anything. Say this: “I want to speak with my attorney before I answer any questions.” Then stop talking. Completely.

What Police See When They Arrive

Someone called 911. Maybe the other person. Maybe a neighbor. Maybe a stranger who saw something through a window. By the time police arrive, the scene is chaos. People are yelling. Someone is bleeding. Stories conflict.

Officers have to make fast decisions with limited information. They see an injury. They see a weapon. They arrest someone. That someone might be you, even if you were defending yourself. Even if you were the one attacked first.

Their job is not to figure out who is right. Their job is to secure the scene and file a report. Your job is to protect your rights. Stay calm. Do not argue with officers. Ask for a lawyer. Say nothing else.

Do Not Contact the Other Person

You want to reach out. You want to apologize. You want to explain what really happened. You think if you could just talk to them, you could fix this.

Do not.

Any contact can violate your bond. Any message can become evidence. Any conversation can lead to new charges. Even if you believe the accusation is exaggerated or completely false, do not reach out. Do not call. Do not text. Do not send a friend to talk on your behalf. Do not respond if they contact you first.

Let your attorney handle communication. That is what they are for.

Evidence Does Not Always Tell the Truth

Aggravated assault cases come with a mountain of evidence. Police reports. Witness statements. Medical records. Injury photos. Body camera footage. Surveillance video. Text messages. Social media posts. 911 recordings.

It looks overwhelming. It looks like proof. But evidence is not the same as truth.

Witnesses misremember. Reports contain errors. Photos show one moment, not the whole story. Medical records describe injuries but not who started the fight.

Your attorney digs into these details. Was the injury actually “serious bodily injury” under the law? Was a weapon truly used, or was it just present? Did both people fight? Did witnesses see the whole thing or just the end? Is the accusation consistent with the physical evidence? Were you defending yourself?

These questions matter. They become your defense.

How Ordinary Moments Become Felony Charges

Most aggravated assault cases do not start with someone planning to commit a crime. They start with a heated argument. A family conflict. A bar fight. A disagreement that turned physical before anyone could stop it.

Two people. Two stories. One set of charges.

The law does not always see the situation the way you lived it. Someone got hurt. Someone had a weapon. The state files charges. Now you need a lawyer who understands the difference between what the paperwork says and what actually happened.

Aggravated assault does not always mean intent to harm. Sometimes injuries are accidental. Sometimes people act in self defense. Sometimes alcohol or stress turned a small conflict into something bigger. Sometimes the accuser changes their story later. Sometimes the accuser is the one who started it.

An attorney can uncover what really happened.

Time Is Not on Your Side

The prosecutor is not waiting. While you sit at home wondering what to do, they are building a case. Interviewing witnesses. Reviewing footage. Preparing to put you in prison.

You need someone building your defense just as fast.

Evidence must be preserved before it disappears. Surveillance footage gets erased. Witnesses forget details. Medical records need to be obtained. The earlier your attorney gets involved, the more options you have. The longer you wait, the more doors close.

Do Not Rush Into a Plea

You are scared. You are embarrassed. You want this over. The prosecutor offers a deal and you think about taking it. Plead guilty. Serve your time. Move on.

Stop.

A plea is permanent. You cannot undo it. The conviction follows you forever. It limits your jobs. It affects your housing. It complicates custody battles. It can destroy immigration status. It changes how the world sees you.

Before you agree to anything, you need to know what you are giving up. You need to understand the evidence against you. You need to know if your defense has a chance. Your attorney reviews everything first. Then you decide.

Why You Need a Defense Attorney

Aggravated assault is not a traffic ticket. It is not something you handle alone and hope for the best. The law is complicated. The evidence is confusing. The stakes are as high as they get.

You need someone who knows how these cases work. Someone who can question the evidence. Someone who can challenge the state’s version of events. Someone who will protect your rights when the system wants to crush you.

Kelly Benavides has defended clients across Texas facing serious criminal charges. She understands the fear. She understands the confusion. More importantly, she knows how to fight.

What This Article Cannot Do

This post gives general information. It cannot evaluate your case. It cannot review your evidence. It cannot replace a conversation with a lawyer who knows your facts.

Every case is different. The details matter. Only an attorney who hears your story can tell you what applies to your situation.

If you are facing charges, do not wait.

Get Help Now

You do not have to face this alone. Aggravated assault is serious, but serious is not the same as hopeless. You have rights. You have options. You have a future worth protecting.

Kelly Benavides is an experienced criminal defense attorney. She has handled serious assault cases throughout Texas. She knows how to challenge evidence, question witnesses, and fight for her clients.

Call her for a free, confidential consultation. Tell her what happened. She will explain your options and help you take the right next step.

Your freedom matters. Your future matters. Your next decision matters.

Call Kelly Benavides today.

713-226-7889