If someone is on probation and gets charged with aggravated assault with a deadly weapon how many years could they get?

Felony Crimes 6 views 3 answers
The person was already on probation for assault with a deadly weapon and now is being charged for aggravated assault with a deadly weapon and also being charged for aggravated assault- family member sb? Note: He does have a felony and was not suppose to have a gun.

Attorney Answers

3
Japaula Kemp ·
TEXAS PENAL CODE § 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in § 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code Depending on how this person is charged he could be facing 5-99 years on a first degree felony aggravated assault or 2-20 on a second degree felony aggravated assault. He also has the probation revocation to be concerned about. He needs an experienced criminal defense attorney asap.
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Macy Jaggers ·
It depends on how it's filed. Typically an agg assault is 2-20, but if the victim suffered serious bodily injury as the result of the deadly weapon it can be filed as a first degree. Then the maximum punishment would be 99.
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Peyton Peebles ·
Sounds like it will be up to life. If he is on a true probation for agg assault with a deadly weapon (meaning they've been convicted) and they commit a new aggravated assault with a deadly weapon, then the new charge will be a first degree even without SBI. If they have more than one prior felony conviction, then they will probably be facing 25-life on the new case. This analysis will be different if he is on a deferred adjudication probation and has no other prior felony criminal history.
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