Assault is defined by the Texas Penal Code Section 22.01(a)(1). That section provides that someone has committed the offense of assault if the person "intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse." The most common form of assault filed in Texas is Class A Assault with Bodily Injury.
Aggravated Assault is an assault as earlier defined that causes serious bodily injury or is committed with a deadly weapon.
Serious Bodily Injury is defined as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Deadly Weapon is defined as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its used or intended use is capable causing death or serious bodily injury.
A Deadly weapon finding is an enhancement ,that can affect your ability to get probation or parole.
Terroristic Threats, is a Class Misdemeanor if a person threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; or (3) intends to prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place.
Terroristic Threats are third degree felonies if the threat is designed to cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; place the public or a substantial group of the public in fear of serious bodily injury; or, influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
If you are wading through the criminal system and need valuable advice, call Pullan & Young for a free consultation at (936) 647-1540.