What is Considered Serious Bodily Injury in Texas Criminal Cases?

 Posted on October 31, 2024 in Criminal Defense

When one person in Texas causes harm to another unprovoked, that person has usually committed a crime. While any physical harm can lead to criminal charges, the law recognizes distinctions in severity. For instance, a slap to the face may be offensive and provoke anger, but it is far less severe than an injury causing permanent disability.

For this reason, assault charges — and the punishments that come with them — depend heavily on the nature and extent of the injuries inflicted. If you are facing charges of assault, battery, or any other physical attack, you need the help of the aggressive, experienced Texas criminal defense attorneys at The Crowder Law Firm, P.C.. We know your future depends on our work, and we take that seriously.

What is Serious Bodily Injury in Texas?

Every state defines "serious bodily injury" somewhat differently. In Texas, an injury qualifies as "serious bodily injury" when it creates a substantial risk of death, causes death, results in permanent disfigurement, or leads to the long-term loss or impairment of any body part or organ. The specific circumstances of each injury can also be open to interpretation by a jury in a criminal defense case, adding a subjective element to the classification.

Some examples of injuries that Texas law considers "serious bodily injury" include:

• A knife wound that impairs the function of essential organs, such as the stomach or lungs

• Severe scarring that causes permanent disfigurement and requires extensive medical treatment

• Injuries resulting in neurological damage, leading to partial or full loss of limb use

• Fractures to facial bones necessitating surgery to prevent permanent disfigurement

• Eye injuries causing full or partial blindness

Conversely, injuries that likely would not be considered serious bodily injuries include:

• Broken bones that are expected to heal without long-term effects

• Knife wounds that do not affect major organs or systems

• Minor scarring that does not amount to disfigurement

Whether an injury qualifies as "serious" can sometimes be subjective, and both a judge and jury may interpret it differently depending on each case’s specific facts. An experienced criminal defense attorney can help challenge this classification in court if appropriate for the case.

How Does Serious Bodily Injury Impact Aggravated Assault Charges?

Texas law divides assault into several categories, with the most serious being "aggravated assault." This charge applies when an assault results in serious bodily injury or when a weapon is used in the commission of the assault.

The presence of serious bodily injury elevates what might otherwise be a simple assault to aggravated assault, which carries much harsher penalties. In Texas, aggravated assault causing serious bodily injury is classified as a second-degree felony, with potential penalties including:

• Two to 20 years in prison

• Fines of up to $10,000

• Additional consequences, such as a permanent criminal record, limitations on employment, and loss of certain civil rights, like voting or firearm ownership

In some cases, aggravated assault can even be charged as a first-degree felony if certain factors, such as domestic violence or use of a deadly weapon against a public servant, are present. This escalation significantly raises potential prison time.

Examples of Aggravated Assault 

The line between simple assault and aggravated assault can sometimes be fine. The following examples illustrate scenarios that may lead to an aggravated assault charge and potential case outcomes under Texas law:

A Bar Fight Resulting in Broken Bones and Scarring 

If someone breaks someone else’s nose during a fight, requiring surgery and resulting in visible scars, this may be classified as aggravated assault due to the disfigurement and permanent nature of the injury. The defense may attempt to show that the defendant was acting in self-defense to reduce the charge or negotiate for probation rather than prison time.

Use of a Deadly Weapon Causing Lasting Injury

A person who uses a knife to stab another person, injuring a lung or organ, will likely face aggravated assault charges. With a defense strategy focusing on possible mitigating factors, such as the incident being provoked or unintentional, the charge may be reduced if there is insufficient proof of intent to cause severe harm.

Defensive Act Resulting in Neurological Damage

If a person acted to defend themselves but unintentionally inflicted serious brain damage to the aggressor, the defense may argue that the injury, though severe, was unintended and in self-defense. A skilled attorney may seek to demonstrate that their client did not act recklessly and did not intend to cause lasting harm.

Common Defense Strategies in Aggravated Assault Cases

Aggravated assault cases, especially those involving serious bodily injury, often hinge on specific details related to the intent, the nature of the injuries, and the circumstances surrounding the incident. Here are a few common defenses that a top-notch criminal defense attorney may use:

• Self-Defense or Defense of Others: Texas law allows people to protect themselves or others if they have a reasonable belief that harm is imminent. If the defendant can prove they were acting in self-defense or in defense of another, the aggravated assault charge may be dismissed or reduced. Evidence that can support this claim includes witness testimony, video footage, or documentation of threats or provocation by the other party.

• Lack of Intent to Cause Serious Harm: Aggravated assault typically requires a finding that the defendant intended to cause serious bodily injury. If the defense can show that the defendant’s actions were not intended to cause such injury —  perhaps it was a sudden reaction, or the injury was accidental — the charge may be downgraded to a lesser offense.

• Mistaken Identity: In some assault cases, mistaken identity may play a role, particularly in chaotic situations where multiple people are involved. A strong defense in such cases can focus on alibi evidence, eyewitness testimony, or forensic evidence to establish that the defendant was not the person responsible for the assault.

• Injuries Not Constituting "Serious Bodily Injury": An attorney may argue that the injuries do not meet the legal threshold for serious bodily injury, challenging whether the injuries pose a substantial risk of death, cause long-term impairment, or result in permanent disfigurement. This defense might involve medical expert testimony to explain the injury’s impact or the expected recovery.

Consequences of an Aggravated Assault Conviction in Texas

A conviction for aggravated assault causing serious bodily injury in Texas carries significant consequences beyond prison time and fines. These long-term effects may include:

• Criminal Record: A felony record can limit access to employment, housing, and educational opportunities, as well as affect public benefits and other rights.

• Increased Insurance Rates: A violent offense may result in higher insurance premiums, as insurance companies consider those convicted of violent crimes a higher risk.

• Loss of Civil Rights: In Texas, a felony conviction may mean the loss of civil rights, such as the right to vote, serve on a jury, or possess firearms. Some of these rights may be restored after the completion of a sentence, but others may be permanently lost without a successful rights restoration petition.

Hire an Experienced Plano, TX Criminal Defense Attorney for Aggravated Assault Charges

For those charged with aggravated assault causing serious bodily injury, a strong legal defense is critical.

If you are facing aggravated assault charges involving serious bodily injury, do not wait to seek help. Our experienced, aggressive defense team at The Crowder Law Firm, P.C. is ready to get started on fighting for your rights.

We have won hundreds of serious criminal cases. Contact our Collin County, TX criminal defense lawyers today at 214-544-0061 for a free consultation to review your case, understand your options, and start building a defense to protect your rights and future.