Texas-Book-Gun Law Armed And Educated - Flipbook - Page 236
contact with another that does not cause bodily injury. As you
can see, almost all hostile confrontations can fit under any of these
three scenarios. An assault becomes “aggravated” under Texas
Penal Code § 22.02 when it results in serious bodily injury or
a deadly weapon is used or exhibited. It is usually the presence
of a firearm, as a deadly weapon, that causes an incident which
would otherwise be a Class C misdemeanor assault to suddenly
get elevated to a second degree felony of aggravated assault.
D. Terroristic Threat
Many prosecutors have chosen to use the terroristic threat statute to
prosecute people who have expressed a threat to use force against
another. This statute is found in Texas Penal Code Section 22.07(a)
(2), wherein it is a Class B misdemeanor to threaten to commit any
offense involving violence to any person with the intent to place
any person in fear of imminent serious bodily injury. This is the
easiest of the assaultive offenses to charge and prove because it
is not necessary for the prosecutor to show that a person actually
suffered an injury or had a fear of harm, but only that the defendant
wanted to put the victim in fear.
CRIMES INVOLVING DEADLY FORCE
1. Murder: See Tex. Penal Code § 19.02
2. Manslaughter: See Tex. Penal Code § 19.04
3. Aggravated Assault: See Tex. Penal Code § 22.02
• Includes pointing a gun at another, shooting at another
without provable intent to kill, and firing warning shots.
4. Terroristic Threat: See Tex. Penal Code § 22.07
What Crimes Can I Be Charged With When My Use Of Deadly Force Is Not Justified? | 225
