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Aggravated Assault Lawyer in Lubbock
Nick L. Olguin handles aggravated assault charges in Lubbock County and the surrounding counties: cases involving a deadly weapon or serious bodily injury, including aggravated assault on a family member and on a public servant. He has been licensed to practice law in Texas since December 2002. His office at 1306 Avenue R in Lubbock has Spanish-speaking staff.
Monday to Thursday 8:30 a.m. to 5:30 p.m., Friday 8 a.m. to 5 p.m.
What makes an assault “aggravated”
An assault becomes aggravated assault in Texas in either of two ways:
Serious bodily injury
An injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes a lasting loss or impairment of any part of the body.
A deadly weapon used or shown during the assault
A deadly weapon is a firearm or anything made to cause death or serious injury, and also anything that, in the way it was used or meant to be used, could cause death or serious injury. A vehicle, a bat, a bottle or a knife can all qualify. Showing the weapon is enough; no one has to be touched.
That is why an argument with a gun on the table, a thrown object that breaks a bone, or a car used to threaten someone can all be charged as aggravated assault, while a fistfight that leaves bruises usually is not.
The charge and the range
| Charge | Grade | Range |
|---|---|---|
| Aggravated assault | Second-degree felony | 2 to 20 years in prison; fine up to $10,000 |
| Aggravated assault with a deadly weapon causing serious bodily injury to a family or household member or dating partner | First-degree felony | 5 to 99 years or life; fine up to $10,000 |
| Aggravated assault with a deadly weapon causing a brain or spine injury that leaves the person in a persistent vegetative state or paralyzed | First-degree felony | 5 to 99 years or life |
| Aggravated assault on a public servant on duty, by a public servant, in retaliation against a witness or informant, or on a security officer or process server on duty | First-degree felony | 5 to 99 years or life |
| Shooting from a vehicle at a home, building or vehicle and causing serious bodily injury; or as part of a mass shooting | First-degree felony | 5 to 99 years or life |
Aggravated assault and family violence
If the other person is a family or household member or someone you date, and a deadly weapon was used and caused serious bodily injury, the charge is a first-degree felony. Even without serious injury, an aggravated assault labeled family violence brings a family violence finding that makes a later assault causing bodily injury to a family or household member a felony.
The family-court side of such an arrest, a divorce or a custody case, is covered on the family law page.
What a deadly weapon finding changes
When a judge or jury finds that a deadly weapon was used or shown, the finding goes into the judgment, and it changes three things:
- Probation from the judge. After a conviction with a deadly weapon finding, the judge cannot place you on community supervision. A jury can still recommend it, if the sentence is 10 years or less and you have never been convicted of a felony, and the judge must then follow the recommendation. Deferred adjudication on a plea remains possible, because the case ends without a conviction if it is completed.
- Parole. With a deadly weapon finding, you are not eligible for parole until you have served half the sentence or 30 years, whichever is less, in actual time without good-conduct credit, and never less than two years. Without the finding, eligibility comes at a quarter of the sentence or 15 years, whichever is less, with good-conduct time counted.
- Bond. Aggravated assault is one of the charges Texas calls an offense involving violence, so release on a personal bond is not allowed; bail has to be posted. For offenses committed on or after November 19, 2025, a judge can also deny bail after a hearing when the charge is aggravated assault with a deadly weapon or serious bodily injury. A magistrate can attach conditions, and after a family violence arrest involving a deadly weapon must issue an emergency protective order lasting 61 to 91 days.
Whether the thing involved was a deadly weapon, and whether an injury was serious bodily injury, are often the whole case.
How an aggravated assault case moves through Lubbock County
Booking and the magistrate
Most people arrested in the county are booked into the Lubbock County Detention Center at 3502 N. Holly Avenue. Under the county’s local rules you see a magistrate within 48 hours of a felony arrest; the Detention Center holds those hearings at least twice a day. The magistrate explains your rights, sets bail, and in a family violence case issues the emergency protective order.
The grand jury
A felony is formally charged by a grand jury indictment, which in Lubbock County usually comes 45 to 60 days after the arrest. Lubbock County’s judges have ordered that a person held in jail be considered for a personal bond or lower bail if the prosecutor is not ready for trial within 30 days of detention, or 45 days for the felonies Texas treats as most serious; state law allows 90 days.
District court
Indicted cases are filed with the District Clerk and assigned to one of Lubbock County’s district courts at the courthouse, 904 Broadway.
Arraignment
Arraignment is usually within 30 days of the indictment. If you have not yet been arraigned, a waiver may be filed on your behalf and your attendance may not be necessary. If you have already been arraigned, the next step is typically a Plea Negotiation Conference.
Plea Negotiation Conference (PNC)
This is an opportunity to discuss your case with the District Attorney’s Office and determine whether a plea offer is available.
Consultation after the PNC
After the PNC, the case will be discussed with you to determine whether to accept an offer or proceed to pre-trial.
Pre-trial
Depending on the case, pre-trial may be evidentiary or non-evidentiary. The details of that setting will be discussed with you before the hearing.
Trial
Cases are set for trial as soon as possible after the indictment under the local rules, unless there is good cause for more time.
Your first meeting with Nick
Your first meeting is a consultation with Nick. The consultation fee is $100. If the person charged is still in jail, a family member can meet Nick first.
Bring what you have
- the booking and bond paperwork, and the emergency protective order if one was issued
- any paperwork naming the weapon or the injury
- names of anyone who saw what happened, and any messages, photos or video from that day, which you should keep and not send to anyone
- any court date you have been given
- your questions, written down
Say nothing about the case to anyone but your lawyer, including on the phone from jail.
Common questions
What is the difference between assault and aggravated assault in Texas?
Aggravated assault is an assault that causes serious bodily injury or involves a deadly weapon being used or shown; an ordinary assault involves bodily injury, a threat or offensive contact without either. The difference in grade is large: a Class A misdemeanor with up to a year in jail, against a second-degree felony with 2 to 20 years in prison.
Is aggravated assault a felony in Texas?
Yes, always. It is a second-degree felony, 2 to 20 years, and a first-degree felony, 5 to 99 years or life, when a deadly weapon causes serious bodily injury to a family or household member, when the other person is a public servant on duty, in retaliation against a witness, or in a drive-by or mass shooting.
What is the sentence for aggravated assault in Texas?
The range is 2 to 20 years in prison and a fine of up to $10,000 for a second-degree felony, or 5 to 99 years or life for the first-degree versions. Where a sentence lands within the range depends on the facts, the record and whether the judge or the jury sets it, and no page can predict a particular outcome.
Can you get probation for aggravated assault in Texas?
Sometimes. A judge cannot grant probation after a conviction that carries a deadly weapon finding, but a jury can recommend it if the sentence is 10 years or less and you have never been convicted of a felony, and deferred adjudication on a plea is not barred by the statute. Whether a prosecutor will agree to it is a different question, and one to ask about your own case.
What counts as a deadly weapon in Texas?
Anything capable of causing harm. Typically it is a firearm, anything made or adapted to cause death or serious bodily injury, and anything that in the way it was used or intended to be used could cause death or serious bodily injury. Depending on how it was used, a vehicle, a knife, a bat, a bottle, your hands or feet, and really anything can qualify.
Does someone have to be seriously hurt for aggravated assault?
No. Using or showing a deadly weapon during an assault is aggravated assault even if no one is injured, because a threat with a weapon is an assault and the weapon makes it aggravated. Serious bodily injury is the other, separate route to the charge.
What is aggravated assault family violence?
It is aggravated assault against a family or household member or a current or former dating partner. It brings a first-degree charge, 5 to 99 years or life, if a deadly weapon caused serious bodily injury.
Does the office speak Spanish?
Yes. The office has Spanish-speaking staff, and a case can be handled in Spanish from the first call to court.
Which areas does Nick serve?
Nick handles aggravated assault cases in Lubbock County and the surrounding counties: Hockley, Hale, Lamb, Lynn, Crosby, Garza, Dawson, Terry and Floyd.
About Nick L. Olguin
Nick L. Olguin graduated from law school at Oklahoma City University in 2002 and has been licensed to practice law in Texas since December 2002. He practiced in Amarillo from 2002 to 2007 and opened his own firm, Olguin Law Firm (legal name The Law Office of Nick L. Olguin), in Lubbock in February 2007.
The office is at 1306 Avenue R, Lubbock, TX 79401. Nick is the only lawyer at the firm, and clients work with him from the first meeting to the end of the case.
Talk to Nick about your case
Call (806) 741-1111 or send the short form below. The office returns calls and messages by the next business day. Office hours: Monday to Thursday 8:30 a.m. to 5:30 p.m., Friday 8 a.m. to 5 p.m.
Olguin Law Firm · 1306 Avenue R, Lubbock, TX 79401
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