Allegations of assault with a deadly weapon are serious charges that can have life-changing consequences. As with any assault charge, situations are full of emotion, and it’s still possible that the alleged assault could have been provoked or misinterpreted, like in situations of self-defense. The use of a deadly weapon is important when considering the context of the incident, especially under Texas’ Stand Your Ground law and Castle Doctrine.
What Constitutes a “Deadly Weapon” in Texas Law?
In Texas, a “Deadly weapon” is classified as:
- A firearm or anything specifically designed, made or adapted for the purpose of inflicting death or serious bodily injury. This would include things like guns, knives, swords, or other more obviously dangerous items.
- Anything that is capable of causing death or serious bodily injury and is used by someone to cause death or injury. This could include almost anything. A lamp or chair is not designed to hurt anyone, but theoretically, either could be used as a weapon.
The two classifications intentionally cover almost any item someone uses during an assault or other crime. The first classification is slightly more obvious, but the second is ambiguous enough to cover most items. Prosecutors will often try to use this broad definition to pursue assault with deadly weapon charges because the punishment is more severe. The penalty could be up to 99 years in prison and a $10,000 fine, on top of any other penalties from additional charges.
If you have questions about assault with deadly weapon charges, call our office at (806) 372-5711 for a consultation.