When a Bar Fight Becomes a Felony: Texas Aggravated Assault

 Posted on July 22, 2025 in Practical Advice

Mere seconds can potentially make the difference during a night out at a local Texas bar, as a simple scuffle turns into felony aggravated assault charges in the proverbial blink of an eye. In addition to serious legal consequences, a felony conviction also carries collateral consequences. A felony conviction can make it difficult to obtain employment or housing and can complicate the process of obtaining or maintaining a professional license.

If you planned on seeking higher education through a federal student loan, those dreams can also disappear. It is essential to understand when a bar fight escalates from a misdemeanor to a felony. A highly skilled Conroe, TX criminal defense lawyer can begin building a defense on your behalf while working to protect your future.   

How Does Texas Law Define Aggravated Assault?

Under Texas Penal Code Section 22.02, aggravated assault occurs when someone causes serious bodily injury to another person or uses a deadly weapon during an assault. When a person intentionally, recklessly, or knowingly inflicts severe harm on another person, or uses a firearm, knife, or other weapon during an assault, then the assault becomes aggravated assault.

Serious bodily injury is any injury that creates a substantial risk of death, results in the protracted loss or impairment of an organ or body part, or causes serious permanent disfigurement.  A deadly weapon is anything that is capable of causing death or serious bodily injury. While a firearm, knife, or even a vehicle qualifies as a deadly weapon, there are many other objects that can be considered deadly weapons, including a human fist.

If a person is a trained fighter or uses his or her fists to deliver repeated, severe punches that cause permanent damage, then that person’s hands can be classified as a deadly weapon. In the context of a bar fight, a pool cue, bar stool, beer bottle, or any other handy item that is used to inflict severe bodily injury can be viewed as a deadly weapon.

The Role of Intent and Provocation

An aggravated assault conviction requires the prosecution to definitively show that the defendant acted with a specific mental state: intentionally, knowingly, or recklessly. There must have been intent to cause serious bodily harm or intent to use a deadly weapon. The defendant must have been aware that his or her actions were reasonably certain to cause serious bodily injury or must have consciously disregarded a substantial risk of serious bodily harm. The level of intent will impact the severity of the charges and, in turn, the penalties.

Provocation can serve as a mitigating factor in aggravated assault cases, potentially reducing the charges or positively influencing sentencing. The defendant must demonstrate that the alleged victim’s actions were sufficient to prompt a reasonable person to react with anger. The defendant must also demonstrate that his or her response was in response to a prior event.   

Self-defense is often a solid defense in aggravated assault cases; however, if the defendant provoked the altercation in the bar, he or she will not likely be able to claim self-defense. This is a complex principle, determined by the specific facts of the case, and whether the defendant's use of force could be considered proportional to the provocation.

What Are the Penalties for Aggravated Assault?

Most aggravated assaults in Texas are classified as second-degree felonies. A conviction can result in a sentence of two to 20 years in prison. Certain circumstances can elevate the charges to a first-degree felony, carrying penalties ranging from five years to life in prison. These circumstances include a deadly weapon being used in the assault, serious bodily injury being inflicted on a family member, or when the victim is a public servant or a witness in a trial.

Contact a Montgomery County, TX Defense Lawyer

If you have been charged with aggravated assault as a result of a bar fight that escalated, you need to speak to a Conroe, TX aggravated assault lawyer from Pullan & Young as soon as possible after your arrest.  Attorney Young is a former prosecutor, and Attorney Pullan is a former Assistant District Attorney. Call 936-647-1540 to schedule your free consultation.