Amarillo, TX asked in Criminal Law for Texas

Q: I have been charged with aggravated assault with a deadly weapon but never had, used, or even said I had a weapon.

There was never a weapon there and the victim said he thought I had a weapon but wasn't sure. Everybody there was very intoxicated. I never had a weapon or used one but still got charged. I don't understand why I got charged with that. Nobody got seriously injured and no one went to the hospital. I only had the fight with the one guy but I'm being charged with 2 counts and never touched or said anything to that other guy. The prosecutor doesn't even know what type of weapon there was cause there wasn't a weapon. I don't understand why I'm getting charged with such a serious charge when I never had a weapon.

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1 Lawyer Answer

Kiele Linroth Pace

  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It is possible that the charge is totally bogus. You could be charged with assaulting the Tooth Fairy. If you didn't do it, then enter a plea of not guilty and make them prove it to a jury beyond a reasonable doubt.

Unfortunately, proper defense could end up costing you tens of thousands of dollars. You are facing up to 20 years in the state penitentiary, so you have to take it seriously, no matter how flimsy the state's proof.

It is legally possible to commit Aggravated Assault with a Deadly Weapon without touching or saying anything to the alleged victim. For example, by threatening a person by brandishing a deadly weapon.

A firearms is always a deadly weapon but just about anything else CAN be, depending on the circumstances. For example, your hands could be a deadly weapon if you pushed someone off a high ledge and the person was killed, seriously injured, or permanently disfigured. Sometimes they will claim that a scar on a person's face is "permanent disfigurement" so the definitions can be stretched to fit the circumstances.

It is probably not a good idea to post a follow-up question with more specific details of your situation. This website is public and accessible by investigators, prosecutors, and jurors. Instead, have a serious *private* conversation about the charge with your criminal defense attorney.

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