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Posted on 10/6/21 at 6:17 pm to L.A.
Under the Texas Penal Code, Aggravated Assault differs from Assault in that it involves either 1) serious bodily injury to another person or 2) use of a deadly weapon.
The second is the key here: aggravated assault is only a second-degree felony UNLESS a deadly weapon is used (and a firearm absolutely qualifies), in which case it is upgraded to a first-degree felony (which ranks only below capital murder in seriousness).
A second-degree felony gets 2-20 plus the option of a fine up to $10K, a first degree felony gets 5-99 or life plus the above-mentioned fine.
The second is the key here: aggravated assault is only a second-degree felony UNLESS a deadly weapon is used (and a firearm absolutely qualifies), in which case it is upgraded to a first-degree felony (which ranks only below capital murder in seriousness).
A second-degree felony gets 2-20 plus the option of a fine up to $10K, a first degree felony gets 5-99 or life plus the above-mentioned fine.
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