Q: I live in Texas, I’m being charged with aggravated assault with a deadly weapon but no one was hurt
I live in Texas, I’m being charged with aggravated assault with a deadly weapon but no one was hurt. Can the charge get dropped to misdemeanor or a less serious charge
A: In theory, an Aggravated Assault - Deadly Weapon could be reduced to a lesser included misdemeanor offense, but either the prosecutor would have to agree to do so or a jury, after a trial, would have to find that you are not guilty of felony Aggravated Assault - Deadly Weapon but were only guilty of a lesser included misdemeanor offense.
Kiele Linroth Pace agrees with this answer
A: Anything is possible, but what will happen in your specific case depends on the specific facts and the evidence the State has inn its possession,. Have this discussion with your attorney. Good luck.
Kiele Linroth Pace agrees with this answer
A:
You can be convicted of Aggravated Assault With a Deadly Weapon for committing regular assault while using or exhibiting a deadly weapon. Regular assault can be committed by a threat or by offensive or provocative physical contact... the law doesn't require that you actually hurt anyone. A firearm is always a deadly weapon. So is a sword or something simdiliar manufactured for the purpose of causing death or serious bodily injury. Just about anything else CAN be a deadly weapon if it is used in a manner capable of causing death or serious bodily injury. So a hammer is normally just a tool, but it can be a deadly weapon if you hit someone in the head with it.
I have much more information on this topic posted here: https://www.pacefirm.com/faq/assault-deadly-weapon.html
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