Conroe Aggravated Assault Lawyer

Dedicated Aggravated Assault Attorney in Conroe, TX

Facing an aggravated assault charge can put your freedom, finances, and future at risk. Luckily, an experienced Conroe aggravated assault lawyer can help you understand what options might be available before your case moves further through the criminal court system.

About Us

With nearly 30 years of experience and hundreds of jury trials behind him, Ben Baker brings extensive courtroom experience to every case he handles. Clients work directly with Ben throughout their representation, so they are not passed from one attorney to another. He takes the time to understand each client’s circumstances, answer questions, and build a defense around the facts of the case.

What Is Aggravated Assault in Texas?

In 2025, there were 76,580 reported cases of aggravated assault across the state of Texas. Under Texas law, a person can face an aggravated assault charge when the assault causes serious bodily injury, or when a deadly weapon is used or exhibited. Texas Penal Code Section 22.02 covers aggravated assault, while Section 22.01 addresses the underlying assault offense.

Because of this, what happened during the incident can determine whether prosecutors pursue a basic assault charge or something more serious. Factors that are considered include the following:

• The alleged victim must have suffered an injury that meets Texas’s legal definition of serious bodily injury. Not every injury automatically qualifies.
• A firearm can qualify as a deadly weapon, but so can another object if it was used or intended to be used in a way capable of causing death or serious bodily injury.
• Prosecutors need to establish the elements of assault, including intentionally, knowingly, or recklessly causing bodily injury or threatening another person with imminent bodily injury.
• The relationship between the people involved, the alleged victim’s status, and what happened during the confrontation can affect the charge and potential penalties.

Our Conroe aggravated assault attorneys can examine the specific allegations, available evidence, and applicable aggravated assault laws to determine what prosecutors need to prove in your aggravated assault case.

Texas Aggravated Assault Penalties

If you are facing an aggravated assault charge in Texas, the potential consequences can be substantial. Aggravated assault is generally a second-degree felony, although certain circumstances can raise the offense to a first-degree felony. The potential sentence depends on the specific allegations, the alleged victim, and the circumstances surrounding the incident.

Some potential consequences include:

• A second-degree felony conviction can carry two to 20 years in prison and a fine of up to $10,000 under Texas Penal Code Section 12.33.
• A first-degree felony can carry five to 99 years or life in prison and a possible fine of up to $10,000 under Texas Penal Code Section 12.32.
• Beyond incarceration and fines, a felony conviction can create lasting problems involving employment, housing, professional licensing, and other areas of life.

Aggravated assault laws can be complicated, so the potential punishment should not be evaluated from the charge alone. Our Conroe aggravated assault attorneys can review the allegations and explain how the applicable aggravated assault laws might affect your case.

When Aggravated Assault Can Become a First-Degree Felony

Texas law identifies certain circumstances that can change the level of the offense. That means the details in the indictment or charge deserve close attention. In other words, two people accused of aggravated assault could face different classifications based on the alleged circumstances.

Some circumstances that can affect the classification include:

• Certain allegations involving a spouse, dating partner, family member, or household member might receive different treatment when the statutory requirements are met.
• An allegation that the conduct was committed in retaliation against certain witnesses, informants, or people who reported criminal activity can carry different consequences.
• Texas law provides enhanced treatment for certain assaults involving public servants and other protected individuals when the required conditions apply.
• The statute addresses special categories of people, including certain security officers, process servers, and individuals associated with civil commitment facilities.
• The specific subsection cited by prosecutors can be especially important because it identifies the circumstances they believe justify the higher classification.

Our team can review the charging documents and the surrounding facts to determine whether prosecutors have made allegations that could affect the level of your aggravated assault case.

Defenses to an Aggravated Assault Charge

Being accused of aggravated assault does not automatically mean the prosecution has enough evidence to secure a conviction. Under Texas Penal Code Section 9.31, a person might be justified in using force when they reasonably believe it’s immediately necessary to protect against another person’s unlawful force. A defense might examine some of the following issues:

• If you reasonably believed force was immediately necessary to protect yourself, self-defense may be relevant. The circumstances leading up to the confrontation can be especially important when evaluating this defense.
• Texas law also recognizes the use of force to protect someone else when the statutory requirements are satisfied. What you knew and reasonably believed at the time can be important to this analysis.
• A genuine and reasonable mistake about a circumstance can affect whether the prosecution can establish the required mental state. Texas Penal Code Section 8.02 addresses mistake of fact as a potential defense.
• The prosecution has to prove every required element of the offense beyond a reasonable doubt. If the evidence does not establish an essential element, that weakness can become an important part of the defense.
• Witness statements, surveillance footage, photographs, medical records, text messages, or other evidence could paint a picture that is different from the initial accusation.

Our Conroe aggravated assault attorneys can examine the evidence and determine whether a particular defense fits the circumstances. Understanding how the facts interact with Texas aggravated assault laws can help shape a defense based on what actually happened, as opposed to accepting the allegations at face value.

Hire an Aggravated Assault Lawyer: Local Representation Matters

When you need to hire an aggravated assault lawyer, having someone who knows Montgomery County and its courts can give you a real advantage. At Benton Baker IV, Attorney at Law, we are based in Conroe, so we understand the local court system and regularly represent clients facing criminal charges.

We regularly practice in the 9th District Court and the 359th District Court. That local experience means we are familiar with the procedures, expectations, and practical considerations that can affect how an aggravated assault case moves forward.

Contact us today to schedule a consultation.