State of Texas v. Jesus Orozco Mejia

Amarillo, Texas, criminal defense lawyer represents the Defendant charged with r aggravated assault with a deadly weapon, abandoning or endangering a child, and tampering with or fabricating physical evidence.

Jesus Orozco Mejia, age 44, was asked to leave the El Agasajo Restaurant and while leaving he pulled a firearm from his waistband and fired a round into the restaurant wounding an employee.

Under Texas law (defined in Texas Penal Code Section 22.02), an aggravated assault occurs when a person commits a basic assault and either causes serious bodily injury to another person or uses or exhibits a deadly weapon during the crime.

Key Elements of the Crime

• Basic Assault Link: The action must first meet the legal definition of assault (intentionally, knowingly, or recklessly causing bodily injury, threatening imminent bodily injury, or making offensive physical contact) under Texas Penal Code Section 22.01.

• Serious Bodily Injury: An injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss or impairment of the function of any bodily member or organ.

• Deadly Weapon Use: Using or simply exhibiting a firearm, knife, or any object capable of causing death or serious bodily injury during the offense.

Penalties and Felony Classifications

• Second-Degree Felony (Default): Most aggravated assault cases are charged as second-degree felonies, which carry a prison sentence of 2 to 20 years in state prison and a fine of up to $10,000.

• First-Degree Felony (Enhanced): The charge elevates to a first-degree felony (punishable by 5 to 99 years or life in prison) under specific aggravating factors, such as:

• Using a deadly weapon and causing serious bodily injury to a family or household member.

• Committing the assault against a public servant, security officer, witness, or informant.

• Discharging a firearm from a motor vehicle toward a building, habitation, or vehicle.

A criminal charge is not proof of guilt.