Aggressive Defense for Felony Assault Charges in Cameron County

Aggravated assault in Texas is one of the most serious violent crime charges under state law. A conviction in Cameron County can mean years in prison, massive fines, and the life-long stigma of a felony record. Even after you serve your sentence, a felony conviction follows you. It can affect where you live, the jobs you qualify for, and even your rights as a citizen.

At Ried Pecina Trial Lawyers, we fight for clients accused of aggravated assault in Brownsville and throughout Cameron County. Our criminal defense attorneys know how prosecutors handle these cases, and we develop strategies designed to challenge the State’s evidence and protect your future.

Call (956) 368-0000 now to speak with an experienced aggravated assault attorney in Brownsville.

What is Aggravated Assault Under Texas Law?

Texas takes aggravated assault extremely seriously, and the law reflects that. Under Texas Penal Code § 22.02, aggravated assault occurs when a person commits a basic assault and either:

• Causes Serious Bodily Injury – This includes injuries that create a substantial risk of death, result in permanent disfigurement, or cause long-term loss or impairment of any body part or organ. Even injuries that require surgery or long-term recovery can fall into this category.
• Uses or Exhibits a Deadly Weapon – A deadly weapon does not only mean guns and knives. Prosecutors can classify almost any object as a weapon if it is used in a way that could cause serious harm or death. Common examples include baseball bats, bottles, rocks, tools, or even motor vehicles.

These factors elevate a simple assault charge, which might otherwise be a misdemeanor, into a felony aggravated assault charge. Because prosecutors in Cameron County often have wide discretion in how they define “serious bodily injury” and “deadly weapon,” even borderline cases can end up as felony charges.

That is why hiring an experienced aggravated assault attorney in Brownsville is critical. Without strong legal representation, you could face second-degree or even first-degree felony penalties for an incident that began as a minor altercation.

A knowledgeable criminal defense attorney can examine medical records, challenge whether the alleged injury qualifies as “serious,” and argue whether the object involved should legally be considered a “deadly weapon.”

Examples of Aggravated Assault in Brownsville

At Ried Pecina Trial Lawyers, our criminal defense attorneys in Cameron County have defended clients in a wide range of aggravated assault cases. Common scenarios include:

• Bar Fights and Nightlife Incidents – A heated argument in a Brownsville bar or club can quickly escalate. If someone swings a bottle, chair, or pool cue, prosecutors often classify it as aggravated assault with a deadly weapon, even if no serious injury occurred.
• Domestic Disputes – Disagreements between spouses, partners, or family members sometimes lead to allegations of strangulation or the use of a household object as a weapon. These cases often carry enhanced penalties under Texas law.
• Road Rage Altercations – Drivers who use their car aggressively during a confrontation may face aggravated assault with a deadly weapon. In Cameron County, prosecutors frequently treat vehicles as weapons when used to threaten or injure another driver.
• Serious Injury Claims – Even a single punch can lead to allegations of “serious bodily injury” if the alleged victim requires surgery, suffers broken bones, or reports lasting effects.
• Conflicts with Law Enforcement or Public Officials – An altercation with a police officer, security guard, or government worker often results in felony charges enhanced by the victim’s status.

Even if you believe the accusations are exaggerated or taken out of context, prosecutors in Brownsville pursue aggravated assault charges aggressively. That is why early intervention by a criminal defense attorney is critical. The sooner you have a lawyer involved, the better your chances of reducing or dismissing the charges.

Penalties for Aggravated Assault in Cameron County

Second-Degree Felony (Standard Aggravated Assault Charge)

Most aggravated assault cases in Texas are filed as second-degree felonies. In Cameron County, prosecutors often charge defendants at this level when the allegations involve serious bodily injury or the use of a deadly weapon but do not include additional aggravating factors like those that elevate the case to first-degree.

Penalties for Second-Degree Aggravated Assault

If convicted of a second-degree felony in Brownsville, you face:

• 2 to 20 years in a Texas state prison
• Fines of up to $10,000

Judges and juries in Cameron County have wide discretion within this range, which means sentencing can vary dramatically depending on how your case is presented in court.

Why These Charges Are Serious

Even without enhancements, a second-degree felony still carries life-altering consequences. A conviction creates a permanent felony record, limits employment and housing opportunities, affects your right to own firearms, and can influence child custody disputes.

That is why working with an experienced aggravated assault defense attorney is critical. A skilled lawyer can challenge whether the injury truly qualifies as “serious bodily injury,” argue that the object used does not legally count as a “deadly weapon,” or negotiate for reduced charges such as misdemeanor assault.

First-Degree Felony (Enhanced Aggravated Assault)

In Texas, aggravated assault becomes a first-degree felony when certain aggravating factors are present. Prosecutors in Cameron County often push for the harshest possible penalties when these circumstances apply, which is why anyone accused of aggravated assault in Brownsville must treat these charges as life-changing.

Factors That Elevate Aggravated Assault to a First-Degree Felony

• Victim is a Public Servant or Emergency Worker
  If the alleged victim is a police officer, firefighter, paramedic, judge, or other government employee performing official duties, the charge is automatically enhanced. Texas law places special protection on public servants, and Cameron County prosecutors rarely reduce these charges without a strong fight from a criminal defense attorney.
• Domestic Violence Involving a Partner or Family Member
  An aggravated assault charge becomes more serious when it involves a spouse, dating partner, or family member. If you already have a prior domestic violence conviction, the penalties increase even more. Hiring a domestic assault lawyer immediately can make the difference between probation and decades in prison.
• Drive-By Shootings
  Texas law treats drive-by shootings as one of the most severe forms of aggravated assault. Even if no one was struck by a bullet, simply discharging a firearm from a vehicle in a manner that could cause harm can result in a first-degree felony charge.
• Elderly or Disabled Victims
  If the alleged victim is 65 years of age or older or has a physical or mental disability, the law enhances the charge. These cases often attract media attention in Cameron County, making prosecutors even more aggressive in pursuing maximum penalties.

Life Consequences of an Aggravated Assault Conviction

Beyond prison time and fines, a felony assault conviction can change your life permanently.

• Employment: Employers often reject applicants with felony records.
• Housing: Landlords may deny rental applications.
• Firearm Ownership: Convicted felons lose the right to own or possess firearms.
• Professional Licenses: Many careers requiring state licensing become off-limits.
• Civic Rights: Felons cannot serve on juries in Texas.

A conviction will follow you long after sentencing. That is why you must fight aggressively with the help of a skilled criminal defense attorney near me.

Building a Strong Defense Against Aggravated Assault

Being charged is not the same as being convicted. Prosecutors must prove every element of aggravated assault beyond a reasonable doubt. A skilled criminal defense law attorney can expose weaknesses in their case.

Common Defenses in Brownsville Aggravated Assault Cases

• Self-Defense: You acted to protect yourself from imminent harm.
• Defense of Others: You acted to protect someone else from danger.
• Lack of Intent: You did not intend to cause serious harm or use a deadly weapon.
• No Serious Injury: The alleged injury does not meet Texas’ strict definition of “serious bodily injury.”
• No Deadly Weapon: The object used cannot legally be considered a deadly weapon.
• Mistaken Identity: You were not the person who committed the assault.
• False Allegations: The accusations are fabricated or exaggerated.
• Insufficient Evidence: The State cannot prove guilt beyond a reasonable doubt.

We review police reports, medical records, surveillance videos, forensics, and witness statements. We identify contradictions and weaknesses in the prosecution’s case. Our goal is dismissal, reduction of charges, or acquittal at trial.

Step-by-Step Guide to the Cameron County Court Process for Aggravated Assault

If law enforcement arrests you for aggravated assault in Brownsville, your case enters the Cameron County criminal justice system. Understanding the process helps you prepare and gives you an advantage when working with a criminal defense attorney near me.

1. Arrest and Booking

Police take you into custody, record your personal information, fingerprint you, and officially file the aggravated assault charges. Anything you say during this stage can be used against you. A lawyer for criminal defense should be contacted immediately.

2. Arraignment

You appear before a judge to hear the charges. The judge advises you of your rights, sets bond, and asks for your plea (guilty, not guilty, or no contest). Having an assault attorney near me at this stage ensures you make informed choices.

3. Pretrial Hearings

Before trial, your criminal defense law attorney can file motions to suppress unlawfully obtained evidence, challenge witness credibility, or request dismissal of charges. These hearings are critical for shaping the outcome of your case.

4. Negotiations

Prosecutors may propose a plea bargain. A skilled aggravated assault defense attorney negotiates to reduce charges, limit penalties, or secure probation. The right lawyer can often avoid a trial by reaching a favorable agreement.

5. Trial

If negotiations fail, your case proceeds to trial before a Cameron County jury. Prosecutors present evidence and witnesses. Your defense attorney cross-examines witnesses, challenges the State’s case, and presents your defense. A strong violent crime attorney fights for acquittal or reduction of charges at this stage.

6. Sentencing

If convicted, the judge imposes penalties based on Texas law and any aggravating factors. Sentences for aggravated assault in Cameron County can include years in prison, steep fines, and a felony record.

People Also Ask: Brownsville Aggravated Assault

Is aggravated assault always a felony in Texas?

Yes. Texas law classifies aggravated assault as a felony, either second-degree or first-degree.

What is the punishment for aggravated assault in Brownsville?

Second-degree: 2–20 years in prison. First-degree: 5–99 years or life in prison.

Can I get probation for aggravated assault in Cameron County?

Probation may be possible depending on your record and the facts of your case, but it is never guaranteed.

What happens if the alleged victim does not want to press charges?

Prosecutors decide whether to continue. They can pursue the case even without the victim’s cooperation.

Do I need an attorney if I am innocent?

Yes. Innocent people can still face conviction without an experienced criminal defense attorney near me.

What is the difference between simple assault and aggravated assault?

Simple assault usually involves threats or minor injury. Aggravated assault involves serious injury or the use of a deadly weapon.

Can aggravated assault charges be dropped?

Yes. Dismissal may occur if evidence is weak, your rights were violated, or your attorney successfully challenges the case.

What rights do I lose if convicted of aggravated assault?

You lose your right to vote while incarcerated, your right to serve on a jury, and your right to own firearms.

Call a Brownsville Aggravated Assault Attorney Near You

If you or a loved one face aggravated assault charges in Brownsville or Cameron County, act now. Prosecutors will not hesitate to pursue maximum penalties. Your defense begins the moment you hire the right lawyer.

Contact Ried Pecina Trial Lawyers at (956) 368-0000 today to speak with an experienced criminal defense attorney near me who will fight for your freedom and your future.