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Pelley Law Office, L.L.P. Since 1974


Aggravated Assault in Collin County

On Behalf of | Nov 13, 2010 | Criminal Defense |

In Collin County, Aggravated Assault cases are prosecuted in McKinney, Texas in District Court.  Most of the time, Aggravated Assault with a Deadly Weapon is indicted as a second degree felony and has a range of punishment of 2-20 years confinement in the Texas Department of Correctional Facilities and up to a $10,000 fine, or both such fine and confinement.  

This is also known as a 3(g) offense.  What that means in lay terms is that if you are convicted at trial, the judge cannot give you probation.  It is necessary to file a special Motion prior to the time that the jury is empaneled or the defendant is not eligible for probation if convicted.  Also, the possibility of parole is delayed as well.

Aggravated assault does not necessarily always involve a deadly weapon.  There is also a possibility of a felony assault charge if there is serious bodily injury to the victim.  If the victim is a family member or someone that the defendant was in a dating relationship or even a roommate, then the defendant can be indicted for a first degree felony.  First degree felonies expose a defendant to up to 99 years imprisonment.