Knight v. State (2nd COA)

Felony deadly is not always a lesser-included offense of aggravated assault. Felony deadly conduct requires the discharge of a weapon, while aggravated assault requires that the defendant “intentionally or knowingly threaten another, including his spouse, with bodily injury and use or exhibit a deadly weapon during the commission of the assault.” Felony deadly conduct might be a lesser-included offense, however that will depend upon how the offense is charged. Read.