How Does a Gun Affect an Assault Charge in Texas?

 Posted on September 30, 2026 in Gun Crimes

Using or displaying a gun during an assault can transform an assault charge in Texas from a misdemeanor into a felony, even when it was never fired and never pointed at anyone. Simply displaying a firearm during an assault is enough to elevate the offense. Two people in the same argument can face wildly different consequences based on whether one of them was armed.

If you are facing charges in 2026, our San Antonio criminal defense lawyer can explain the charges and help you challenge them.

When Does a Gun Turn Assault Into Aggravated Assault in Texas?

A gun turns ordinary assault into aggravated assault the moment a person uses or exhibits it during the offense. Texas Penal Code § 22.02 states that a person commits aggravated assault when they cause serious bodily injury or when they use or exhibit a deadly weapon during the commission of an assault. A firearm qualifies as a deadly weapon automatically under Texas law.

Assault causing bodily injury is normally a Class A misdemeanor, carrying up to a year in county jail. Add a firearm, and it becomes a second-degree felony, punishable by two to 20 years in prison and a fine of up to $10,000.

What Counts as Using or Exhibiting a Firearm During an Assault?

Using or exhibiting a firearm means brandishing or displaying it where someone else can see it during the assault, even if you never fire it or point it at anyone. Conduct that qualifies includes:

• Firing the weapon, whether or not anyone is struck
• Pointing it at another person
• Holding it visibly during a confrontation
• Lifting a shirt or jacket to reveal a holstered gun, as if it could be used 
• Removing it from a glovebox or waistband where others can see

No shot has to be fired. No one has to be touched. A weapon displayed in a way that conveys a threat can support the charge on its own.

Merely having a gun somewhere nearby is different. A firearm locked in a trunk or stored in a bedroom during an argument in another room is usually not enough to claim aggravated assault by itself. Even a gun that was and remains holstered the entire time may not count as being exhibited.

When Does Aggravated Assault Become a First-Degree Felony?

Aggravated assault becomes a first-degree felony in a few specific situations. Those include:

• Using a deadly weapon and causing serious injury to a family member, someone in your household, or a dating partner
• Assaulting a known public servant who is doing their job
• Assaulting someone to get back at a witness or an informant
• An assault by a public servant who is using their position
• Certain drive-by shootings

For a first-degree felony conviction, the penalties jump to five to 99 years or life in prison, along with a fine of up to $10,000.

What Defenses Apply to a Gun-Related Assault Charge in Texas?

Self-defense is the most common defense in aggravated assault with a weapon cases, and Texas law is comparatively favorable here. A person may use force when they reasonably believe it is immediately necessary to protect against another's unlawful force. Deadly force is permitted in certain circumstances. Texas also imposes no general duty to retreat from a place where you have a right to be.

Other arguments target the specific details of the incident that lead to aggravated assault charges. Was the firearm actually used or exhibited, or was it simply present? Who displayed it, when more than one person was armed? Did the injury rise to the level of serious bodily injury, which requires substantial risk of death, permanent disfigurement, or protracted loss of function?

These cases frequently arise from mutual confrontations where each side describes the other as the aggressor. The person who called 911 first is not necessarily the one telling the truth.

Contact Our San Antonio, TX Criminal Defense Attorney Today

Attorney Sam H. Lock began his career in civil litigation, which shaped how he approaches evidence and cross-examination in criminal cases. He brings over 20 years of experience to gun-related assault charges. His office also makes sure calls are answered by a real person 24 hours a day, seven days a week.

Contact the Law Offices of Sam H. Lock at 210-226-0965 to talk to our San Antonio felony defense lawyer today.