Assault

Texas Assault Lawyer

Texas Assault Defense FAQs

What is the difference between simple assault and aggravated assault in Texas?

Simple assault under Penal Code § 22.01 covers intentionally, knowingly, or recklessly causing bodily injury, threatening imminent bodily injury, or offensive contact. Aggravated assault under § 22.02 requires either serious bodily injury or use/exhibition of a deadly weapon, and is a second-degree felony (up to 20 years) — or first-degree (up to life) in certain domestic or public-servant scenarios.

Is assault a felony in Texas?

It depends on the circumstances. Misdemeanor assault (Class A or C) covers minor injuries or threats. The charge becomes a third-degree felony if committed against a public servant, family member with a prior conviction, or with a choking/strangulation allegation. Aggravated assault is always a felony.

Can assault charges be dropped if the alleged victim does not want to press charges?

No. In Texas, the prosecutor — not the victim — decides whether to pursue charges. A victim's affidavit of non-prosecution may influence the decision, but the State can still proceed using 911 calls, body-cam footage, medical records, and other evidence even if the victim refuses to testify.

What is "Assault Causes Bodily Injury – Family Member" (ACBIFM)?

ACBIFM is the formal charge under Penal Code § 22.01(b)(2) for an assault between household or dating partners. A first offense is a Class A misdemeanor, but it carries lifetime firearm restrictions under federal law (the Lautenberg Amendment) and elevates any future family-violence assault to a third-degree felony.

Can I claim self-defense in a Texas assault case?

Yes. Texas Penal Code § 9.31 allows force when reasonably believed necessary to defend against another's unlawful force. Deadly force is justified under § 9.32 to prevent murder, aggravated kidnapping, sexual assault, robbery, or aggravated robbery. Texas also has "stand your ground" and "castle doctrine" presumptions that strengthen self-defense claims.

How long does an assault charge stay on my record?

An assault conviction in Texas is permanent. Dismissed cases or acquittals can be expunged. Deferred-adjudication probation outcomes may qualify for an Order of Nondisclosure that seals the record from public view — though family-violence assaults are statutorily excluded from nondisclosure under Gov. Code § 411.074.

Assault Cases in Texas

If you’re like most Texas residents, you’re probably not violent by nature. Sometimes, however, a seemingly minor disagreement, even on your own property, can escalate into a brawl. You defend yourself, perhaps getting in a couple of punches of your own, then somebody – possibly the police – breaks it up and you assume that’s the end of it. Imagine your surprise, then, when you are charged with assault. After all, you were simply defending yourself. 

Texas law defines assault broadly to include any of the following: 

  • Intentionally, knowingly, or recklessly causing  bodily injury to another, including the person’s spouse
  • Intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse; or 
  • Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative

As you can see, you can be charged even if you never threw a punch. 

Even if the disagreement that led to the incident was seemingly minor, an assault conviction or guilty plea is no small matter. You can be sentenced to pay a fine of up to $500 and, in more severe cases, to serve jail time. 

Crimes of violence such as assault draw public and the prosecutor’s attention and often are vigorously pursued. Witnesses often tell conflicting stories about who started the melee, and the decision whether to proceed often turns on whose version of events the prosecutor believes. An experienced criminal defense lawyer Texas can often get charges reduced or even dismissed if he can convince the prosecutor that you didn’t instigate the fight and were only defending yourself. 

If you have been arrested or charged with assault in the Texas, it’s important to contact an experienced criminal defense lawyer as soon as possible.  Call the law offices of George Napier at (713) 470-4097 today to schedule a free, no-obligation consultation.

We have multiple offices across Texas to best serve you.

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