Attempted Murder vs. Aggravated Assault in Texas

Does use of a gun automatically prove attempted murder?

No. The State must prove the charged intent and conduct. The direction of an alleged shot, statements, distance and surrounding circumstances may bear on intent, but the weapon label does not replace the element.

Can aggravated assault involve no physical injury?

Yes, a qualifying assault by threat involving use or exhibition of a deadly weapon can support aggravated assault. Identify the underlying assault subsection rather than assuming every aggravated case requires a wound.

What should the evidence review compare?

Compare the alleged act with both statutes. Counsel should separate identity, intent, injury and weapon evidence, examine the full recording and evaluate any supported justification. A lesser charge is not automatic merely because the accused denies intending death.

A practical example and questions for counsel

Hypothetical example: Suppose a person is accused of using a weapon during a confrontation, and the injured person survives. The survival does not choose between attempted murder and aggravated assault. Counsel must examine intent to kill, the act beyond preparation and the alternative assault elements. The physical injury may support one inference without settling intent. Ask whether the charging document alleges a completed assault, an attempted killing or alternative theories, and which evidence corresponds to each. This prevents the defense from addressing only the injury while overlooking the State’s separate intent theory.

How this fits Texas law

Texas uses its criminal-attempt statute with the intended offense. Under section 15.01, specific intent and an act beyond mere preparation are essential. The distinction between preparation, an attempt and a completed different offense depends on evidence, not simply how serious an incident sounds. Obtain the exact charging language before comparing penalty ranges.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013. Phones are answered 24/7, with AI covering when no staff is free.

Last updated October 2026