Aggravated Assault Attorney in Waco

Facing A Serious Assault Charge In Waco—Call To Schedule Your Consultation

Aggravated assault charges in Texas are serious felonies that can put your freedom, your record, and your future at risk. If you or a loved one has been arrested or accused, you may be worried about jail, court, and how this will affect work and family life. You do not have to navigate this alone.

At Milam & Fanning, PLLC, we represent people facing aggravated assault allegations in and around Waco. Our firm combines the close attention of a boutique practice with the resources and reputation of a larger law firm. Our goal is to guide you through the McLennan County process with clear information and a defense strategy tailored to your situation.

Protect your freedom from the moment of arrest. Call our offices any time at (254) 237-5602 or reach out online to schedule a consultation with an aggravated assault defense attorney in Waco.

Understanding Aggravated Assault Laws in Texas

Texas law elevates a simple assault to "aggravated" when one of two specific factors is present. Understanding which factor applies to your case is the first step in building a defense.

• Serious Bodily Injury: An injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
• Use or Exhibition of a Deadly Weapon: This includes firearms, but under Texas law, almost any object can be deemed a "deadly weapon" if it is used in a manner capable of causing death or serious injury—such as a vehicle, a baseball bat, or even a heavy kitchen utensil.

Enhancements to First-Degree Felony

While most aggravated assaults are second-degree felonies, the charge is elevated to a First-Degree Felony (punishable by up to 99 years or life) if:

• A deadly weapon is used and causes serious bodily injury to a family or household member.
• The assault is committed against a public servant (such as a police officer or emergency responder) while they are performing their duties.
• The actor discharges a firearm from a motor vehicle toward a building or vehicle and causes serious bodily injury.

Penalties and Collateral Consequences of Aggravated Assault in Texas

The penalties for a conviction in Texas are devastating. Aggravated assault is considered a "3G" or "Reportable" offense, which limits your ability to receive certain types of community supervision.

• Second-Degree Felony: 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000.
• First-Degree Felony: 5 to 99 years or life in prison and a fine of up to $10,000.
• Parole Eligibility: For many aggravated offenses, you must serve at least 50% of your sentence before you are even eligible for parole.

The collateral consequences are equally severe. A felony conviction for a violent crime will result in the permanent loss of your right to possess a firearm. It will also appear on every background check, making it nearly impossible to secure high-level employment, professional licenses, or housing. 

Furthermore, if the case is designated as "Family Violence," you may lose parental rights or be barred from your own home. You can call our offices any time to arrange a consultation to discuss how to mitigate these risks.

Steps To Take After An Arrest

You have the right to remain silent and to request an attorney before answering questions about the incident. Speaking about the details with police officers or others without counsel present can create statements that the prosecution may later use. It is usually safer to provide basic identifying information and then state that you want to talk with an aggravated assault lawyer in Waco.

If you are released on bond through a McLennan County court, there will likely be conditions you must follow. These can include avoiding contact with certain people, not returning to particular locations, or complying with travel and reporting requirements. Violating these terms can lead to bond revocation and additional legal problems. When we represent you, we explain each condition and how to stay in compliance.

Some practical steps you can take include:

• Writing down your memory of events as soon as you can so details are not lost over time.
• Keeping any lawful documents, messages, or photographs that may relate to the incident in a safe place.
• Avoiding social media posts or online discussions about the case that others could later see.
• Gathering contact information for any potential witnesses you want to discuss with your attorney.

Reaching out promptly to an aggravated assault defense lawyer in Waco allows us to review your situation and advise you on what to do next. Early guidance can help you avoid missteps that might complicate your case later. During an initial consultation, we talk through the charges, listen to your concerns, and outline how our firm can assist.

Why Choose Our Waco Defense Team

Our firm is structured to offer a hybrid experience. You work closely with Waco aggravated assault attorneys who know you by name and understand your concerns, not just a file number. At the same time, we draw on substantial resources that are important in serious felony matters, such as the ability to review extensive records, prepare complex motions, and stay organized throughout the life of your case.

Because we handle criminal defense along with other key areas such as family law and personal injury, we are familiar with how an aggravated assault charge can affect child custody, protective orders, employment, and financial stability. This broader perspective helps us address the full impact of the case, not just what happens in a single courtroom.

Communication is a core part of our approach. We explain your options, likely steps in the McLennan County courts, and what each choice may mean for you. Our attorneys strive to return calls and messages promptly and to keep you updated as your case develops. We believe that a well-informed client is better equipped to make decisions about plea offers, hearings, and trial.

How We Defend Aggravated Assault Cases in Waco

When defending aggravated assault cases in Waco, the process begins with a careful review of your account, charging documents, and police reports. Attorneys assess immediate concerns such as bond conditions and no-contact orders, then analyze key legal and factual issues. Common defenses may involve self-defense, defense of others, or disputes over whether an object qualifies as a deadly weapon under Texas law.

The defense also evaluates whether the facts truly meet the legal definition of aggravated assault, including the severity of injuries and the surrounding context. Attorneys examine conflicting witness statements, video evidence, and possible weaknesses in the prosecution’s case. Throughout, they maintain clear communication, discuss negotiation or trial strategies, and tailor their approach to the specific risks and circumstances involved.

At Milam & Fanning, PLLC, we do not accept the police report as the final word. Our approach is proactive and exhaustive:

• Self-Defense and Defense of Others: Texas has some of the strongest "Stand Your Ground" and "Castle Doctrine" laws in the country. If you used force because you reasonably believed it was immediately necessary to protect yourself or another from an unlawful threat, we will fight for an absolute acquittal.
• Challenging the "Deadly Weapon" Finding: Not every object used in a scuffle is a deadly weapon. We fight to have these enhancements dropped to reduce your potential prison exposure.
• Forensic Medical Review: We often work with medical experts to prove that an injury does not meet the legal definition of "serious bodily injury," which can lead to a downgrade to a misdemeanor.
• Mitigation: We explore your background and character to present a complete picture of who you are to the prosecutor and the judge, seeking alternatives to incarceration whenever possible.

Talk To Our Aggravated Assault Lawyers in Waco About Your Defense

If you are facing an aggravated assault charge here, the next step is to speak with attorneys who understand both the law and the local court process. At Milam & Fanning, PLLC, we bring together personalized attention, substantial resources, and a commitment to clear communication so you know what is happening and why.

We take the time to learn about your background, your goals, and the facts of your case before recommending a path forward. Our team works to build strategies that fit your specific circumstances, not generic solutions. When you contact us, you can ask questions, share your concerns, and get a clearer picture of your options.

Call (254) 237-5602 or reach out online to schedule a confidential consultation with our criminal defense team.