Aggravated Assault Lawyer in Rockwall

Former Chief Felony Prosecutor. Over 200 Jury Trials. Ready to Defend You.

An aggravated assault charge is a felony under Texas law, and a conviction can follow you for life. I’m J. Cameron Cowan, a former chief felony prosecutor with more than 12 years in that role and over 200 jury trials behind me. That background means I understand exactly how the Rockwall County District Attorney’s Office builds these cases, and I use that knowledge to build your defense.

If you’ve been arrested for aggravated assault in Rockwall County, don’t wait to get legal counsel. Call (972) 382-7011 to schedule a free 30-minute consultation.

What Makes an Assault “Aggravated” Under Texas Law

Under Texas Penal Code 22.02, a standard assault becomes aggravated assault when the person either causes serious bodily injury to another or uses or exhibits a deadly weapon during the assault. Both elements matter, and both are subject to challenge.

Serious bodily injury is defined under Section 1.07(a)(46) as injury that creates a substantial risk of death, causes death, causes serious permanent disfigurement, or causes protracted loss or impairment of a bodily member or organ. A deadly weapon, under Section 1.07(a)(17), is anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. That definition is broad enough to include ordinary objects, which is why the facts of each case matter so much.

In most circumstances, aggravated assault is a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000.

When Aggravated Assault Becomes a First-Degree Felony

Certain circumstances push the charge to a first-degree felony, carrying 5 to 99 years or life in prison and a fine of up to $10,000. The offense reaches this level when the actor uses a deadly weapon and causes serious bodily injury to someone in a dating, family, or household relationship as defined by the Texas Family Code. The enhancement also applies when the assault targets a public servant, security officer, or process server while performing official duties, or in retaliation for those duties.

A deadly-weapon finding classifies the offense as a 3g offense under Code of Criminal Procedure Article 42A.054, which limits eligibility for jury-recommended probation and generally requires that at least half the sentence be served before parole is available.

When a charge involves family violence, the criminal case is rarely the only legal problem. My practice handles both criminal defense and family law, so I can address the protective-order proceedings and family law issues that frequently accompany a family-violence charge, not just the criminal side.

How an Aggravated Assault Case Moves Through Rockwall County

After arrest, a magistrate sets bail and conditions of release. Before the case can proceed to trial, a grand jury must return an indictment. If the grand jury finds probable cause, the case moves to district court for arraignment and formal proceedings. Felony cases originating in Rockwall are prosecuted by the Rockwall County District Attorney’s Office and heard at the Rockwall County Courthouse.

The earlier a defense attorney is involved, the more options are available. Grand jury presentation is one opportunity to intervene before an indictment is handed down, and that window closes quickly.

Start with a Free Consultation

An aggravated assault charge deserves immediate attention from a lawyer who has tried these cases from both sides of the courtroom. I offer a free 30-minute consultation to review what happened, explain what you’re facing, and outline your realistic options.

Call (972) 382-7011 or contact The Law Offices of J. Cameron Cowan today to schedule your consultation.