New Braunfels Aggravated Assault Attorney

Assault and Aggravated Assault Charges in New Braunfels

Not every physical confrontation is the same under Texas law.

​

An assault allegation may involve claims that someone intentionally, knowingly or recklessly caused bodily injury to another person. Depending on the circumstances, an assault can become an aggravated assault when serious bodily injury or a deadly weapon is alleged.

​

Those distinctions can dramatically change the seriousness of the criminal case.

​

An aggravated assault defense lawyer can examine what actually occurred, what evidence prosecutors have and whether the facts support the level of offense being charged.

​

What Makes an Assault an Aggravated Assault?

Two issues are especially important in many aggravated assault cases:

​

Serious bodily injury. The prosecution may allege that the injuries suffered by another person were severe enough to elevate an assault to aggravated assault.

​

Use or exhibition of a deadly weapon. An aggravated assault charge may also arise when prosecutors allege that a deadly weapon was used or exhibited during an assault.

​

A firearm or knife may be involved, but deadly-weapon allegations are not limited to traditional weapons. How an object was allegedly used can become important to the case.

​

That means the defense should closely examine not only whether an altercation occurred, but also the injuries, alleged weapon, witness accounts and circumstances surrounding the confrontation.

​

Aggravated Assault With a Deadly Weapon

An allegation involving a deadly weapon can make an assault case considerably more serious.

​

Larry has handled aggravated assault cases involving unusual deadly-weapon allegations. In one published case result, a client was charged with two counts of aggravated assault with a deadly weapon after allegedly stabbing two roommates with a fork. Larry negotiated dismissal of the felony charges in exchange for a misdemeanor assault disposition, and the client received deferred adjudication rather than a final conviction. 

​

Every case is different, but this illustrates why the exact facts behind a deadly-weapon allegation matter.

​

Important questions may include:

​

• What object was allegedly used?

• How was it supposedly used?

• Was anyone actually threatened with it?

• What injuries occurred?

• Are the witnesses' accounts consistent?

• Is there physical or video evidence?

• Was the accused defending themselves or someone else?

​

The answers can significantly affect how an aggravated assault case should be defended.

​

What Is Serious Bodily Injury?

The extent of an alleged victim's injuries can also be critical.

​

There is a legal distinction between bodily injury and serious bodily injury. An aggravated assault case based on serious bodily injury may therefore require careful examination of medical records and other evidence concerning the nature, severity and cause of the injuries.

​

Depending on the case, the defense may review:

​

• Emergency room and hospital records

• Photographs of injuries

• Medical reports

• Witness accounts

• Video of the incident

• How the injury allegedly occurred

• Whether other explanations exist for the injury

​

The prosecution still has the burden of proving the elements necessary for the offense charged.

​

Self-Defense Against an Assault Charge

A person accused of assault may acknowledge that force was used but maintain that the force was necessary to protect themselves.

​

Self-defense can therefore completely change the central issue in an assault case.

​

Instead of simply asking whether the accused struck or injured another person, the case may turn on who started the confrontation, what threat the accused faced, whether force was immediately necessary and whether the response was legally justified.

​

Larry has successfully argued self-defense in assault cases. In one case, a jury found his client not guilty of assault following a two-day trial after Larry argued that she acted in self-defense and challenged shortcomings in the police investigation. Learn more about our New Braunfels self defense attorney services.

​

Defense of Another Person or Property

Self-defense isn't the only justification that can become relevant in an assault case.

​

Some confrontations occur when someone steps in to protect another person. Others arise during disputes involving a person's home or property.

​

The circumstances leading up to the confrontation can therefore be just as important as what happened during it.

​

An experienced assault defense attorney can evaluate the circumstances and determine whether self-defense, defense of another person, protection of property or another defense may apply.

​

What If Both People Were Fighting?

Assault cases frequently involve conflicting stories.

​

One person may say they were attacked while the other says they were defending themselves. Sometimes both people participated in a confrontation but disagree about who initiated it or how it escalated.

Police officers responding afterward may not have witnessed any of it.

​

That's why evidence outside the initial police report can be so important. Surveillance footage, cellphone video, witness statements, photographs, injuries and communications between the parties may all help establish what actually occurred.

​

Evidence That Can Matter in an Assault Case

The evidence in an assault or aggravated assault case can extend well beyond statements made by the alleged victim and accused.

​

Depending on the circumstances, relevant evidence may include:

​

• Police body-camera footage

• Surveillance video

• Cellphone recordings

• 911 calls

• Witness statements

• Photographs

• Medical records

• Text messages

• Social media communications

• Physical evidence

• Evidence involving an alleged weapon

• Statements made at the scene

• Evidence showing how the confrontation started

​

Some of this evidence can disappear quickly. Getting a criminal defense attorney involved early can help identify evidence that should be preserved and determine whether the initial investigation overlooked information favorable to the defense.

​

Assault Family Violence Charges

When an assault allegedly involves a spouse, dating partner, family member or household member, additional family violence issues may arise.

​

These cases can affect much more than the immediate criminal charge.

​

Larry has handled cases where self-defense was an issue in a family violence allegation. In one case, a woman was accused of assaulting her husband with a high-heeled shoe. Larry presented evidence supporting self-defense and prepared the case for trial. The charges were ultimately dismissed.

​

When family violence is alleged, it is important to examine the circumstances surrounding the confrontation rather than simply accepting the initial allegations.

​

What If the Alleged Victim Wants the Charges Dropped?

An alleged victim generally does not have unilateral control over whether a criminal prosecution continues.

Once police and prosecutors become involved, prosecutors determine whether the case moves forward.

​

The wishes of an alleged victim may be relevant, but someone accused of assault should not assume the case will automatically disappear because the other person does not want to participate.

​

The defense should still investigate the allegations and prepare for the possibility that prosecutors will continue pursuing the case.

​

Can an Aggravated Assault Charge Be Reduced or Dismissed?

Depending on the evidence and circumstances, an aggravated assault charge may sometimes be reduced or dismissed.

​

Potential issues can include:

​

• Insufficient evidence

• Self-defense

• Defense of another person

• Disputes over who initiated the confrontation

• Problems with witness credibility

• Inconsistent statements

• Questions concerning an alleged deadly weapon

• Disputes concerning the severity or cause of injuries

• Constitutional or evidentiary issues

​

Larry's experience includes serious assault allegations that have resulted in dismissals, reductions and favorable trial outcomes.

​

Past results do not guarantee the outcome of another case, but they demonstrate the importance of carefully evaluating the specific evidence rather than simply accepting the original charge.

​

Why Hire Larry Bloomquist for an Assault Case in New Braunfels?

When you are facing a serious assault allegation, experience in criminal court matters.

​

Larry Bloomquist is Board Certified in Criminal Law and has more than 20 years of experience handling criminal cases. He previously served as a prosecutor and has tried hundreds of criminal cases, including serious felony matters.

​

He also has direct experience defending people who maintain that their actions were justified by self-defense.

​

With an office in New Braunfels, Larry represents people facing assault, aggravated assault and other serious criminal charges throughout New Braunfels, Comal County and surrounding areas.

​

Frequently Asked Questions About Assault Charges

Is aggravated assault a felony in Texas?

Aggravated assault is a felony offense in Texas. The exact classification and potential punishment can depend on the facts of the case and circumstances surrounding the alleged offense.

​

What's the difference between assault and aggravated assault?

Aggravated assault generally involves additional circumstances that make the alleged offense more serious, such as serious bodily injury or the use or exhibition of a deadly weapon.

​

Can I claim self-defense against an aggravated assault charge?

Potentially. Self-defense may become an important issue when the accused maintains that force was necessary to protect against another person's unlawful force. Whether it applies depends on the specific circumstances.

​

Can an object other than a gun be considered a deadly weapon?

Potentially. The characteristics of an object and the manner in which it was allegedly used can become relevant to whether prosecutors claim it was a deadly weapon.

​

What if I didn't start the fight?

Who initiated the confrontation can be an important issue, particularly when self-defense is raised. Video, witnesses, injuries and other evidence may help establish how the confrontation began.

​

What should I do after being arrested for aggravated assault?

Consider speaking with an experienced criminal defense attorney before making detailed statements about the allegations. Evidence can disappear over time, so beginning an investigation early may also be important.

​

Talk to a New Braunfels Aggravated Assault Attorney

If you are facing assault or aggravated assault charges in New Braunfels, the allegations against you are only one side of the case.

​

Larry Bloomquist can examine the evidence, investigate the circumstances surrounding the confrontation and determine what defenses may be available.

​

From his New Braunfels office, Larry represents clients facing serious criminal charges throughout New Braunfels, Comal County and surrounding Central Texas communities.

​

Call 210-227-1199 to discuss your case with New Braunfels aggravated assault attorney Larry Bloomquist.

​