Board Certified criminal defense for individuals facing assault charges in Houston, Harris County, and surrounding areas.
An assault charge in Texas can upend your life overnight. What may have started as a heated argument, a moment of poor judgment, or even a complete misunderstanding is now a criminal case and the state is already building its case against you. Whether you are facing a misdemeanor or a felony level charge, the consequences of a conviction reach far beyond the courtroom: your employment, your housing, your firearm rights, and your reputation are all on the line.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor who tried over 100 jury trials. He knows exactly how prosecutors build assault cases because he used to build them. That experience now works entirely in your defense. Contact our firm today for a free consultation.
Under Texas Penal Code §22.01, a person commits assault when they:
Importantly, physical injury is not required. A threat alone or unwanted contact that causes no pain can be enough for a charge to be filed in Texas.
Texas prosecutors pursue assault charges aggressively even when the alleged victim does not want to press charges. Once a case is filed, the state controls the prosecution. Complainants have no legal power to drop charges on their own. Cases can and do proceed without the alleged victim’s cooperation, based solely on 911 calls, police reports, photographs, and witness accounts gathered at the scene.
This is why waiting to hire a lawyer is one of the costliest mistakes a defendant can make. The earlier an experienced assault attorney is involved, the more options are available.
A conviction even at the misdemeanor level creates a permanent criminal record visible on background checks run by employers, landlords, and licensing boards. At the felony level, consequences extend further:
Assault family violence charges arise when the alleged offense involves a spouse, romantic partner, household member, or family member. Texas courts treat these cases seriously; prosecutors often pursue charges even when the complaining witness later recants. Early legal intervention is critical to protecting your rights, your record, and your family.
Aggravated assault is charged when the offense involves serious bodily injury or the use or exhibition of a deadly weapon. These are felony level charges that can carry 2–20 years in prison or more when enhancement factors apply. The right defense strategy starts at the earliest possible stage, often before charges are formally filed.
Assault causing bodily injury is typically charged as a Class A misdemeanor in Texas, but prior history, the identity of the alleged victim, or the specific circumstances of the offense can significantly elevate the charge. Understanding your classification and challenging it is where a strong defense begins.
The penalty you face depends on how the charge is classified and classification depends on factors the state controls: the severity of the alleged injury, whether a weapon was involved, and your prior criminal history. Even a charge that sounds minor on paper can carry consequences that follow you for years. Understanding exactly where your case falls is the first step in challenging it.
Assault charges in Texas are classified as follows:
A defense does not begin at trial; it begins the moment you make contact. As a former Brazoria County prosecutor, David Smith knows how the state assembles assault cases: what evidence they rely on, how they evaluate witness credibility, where charge classifications can be pushed upward, and crucially where those cases are most vulnerable to challenge. That knowledge shapes every defense strategy built for our clients.
Answer: Under Texas Penal Code Section 22.01, assault is more than a physical fight. You can be charged in three ways. The first is intentionally, knowingly, or recklessly causing bodily injury to another person. The second is threatening someone with imminent bodily injury. The third is making physical contact with someone when you know or should reasonably believe they will find it offensive or provocative. Bodily injury is a low bar in Texas, so even minor pain can meet it. This means a wide range of situations can lead to an assault charge, which is why it helps to understand exactly what you are accused of before you say anything to anyone.
Answer: Yes. Texas law does not require a physical injury for an assault charge. If you are accused of threatening someone with imminent bodily injury, or of making contact that the other person found offensive or provocative, you can be charged even though no one was harmed. Threat and offensive-contact cases are often filed as a Class C misdemeanor, but they still create a record and still need to be taken seriously. If you are facing this kind of charge, it is worth talking to a lawyer before assuming it is minor.
Answer: It depends on the facts of the case. A threat or offensive contact with no injury is often a Class C misdemeanor, which carries a fine but no jail. An assault that causes bodily injury is generally a Class A misdemeanor, which can carry up to a year in county jail and a fine. Certain circumstances can raise an assault to a felony, which carries the possibility of prison time. Because the level of the charge changes everything about what is at stake, getting an early, clear read on how your case is classified is one of the most important first steps.
Answer: Not necessarily, especially on a first offense. Jail is possible depending on the charge level and the facts, but it is not automatic. Depending on the case, there may be options such as probation, deferred adjudication, or a pretrial diversion program that can keep you out of jail and, in some cases, lead to a dismissal. The right outcome depends on the specifics, so the goal early on is to protect your options before any decisions are locked in. We offer a free consultation to talk through what you are facing.
Answer: What you do in the first hours matters. Generally it is not a good idea to try to explain your side to the police, the other person, or any witnesses, because anything you say can be used against you later. Use your right to remain silent and ask for a lawyer. Do not post about the situation on social media. If there are texts, photos, or witnesses that help your account, make a note of them so nothing is lost. If the court sets bond conditions such as a no-contact order, follow them exactly, because a violation can bring a new charge. Then call a lawyer as soon as you can.
Answer: Even a charge that seems minor carries the risk of jail and a permanent record, so it is strongly worth having a lawyer rather than handling it alone. Charges can sometimes be dismissed or reduced, depending on the evidence and the circumstances, through review of how the arrest and evidence were handled, negotiation with the prosecutor, a diversion program, or a defense such as self-defense. Keep in mind that only the prosecutor can drop a charge, not the other person involved, so even if they do not want to move forward, the case can still proceed. A lawyer can push for the best available outcome from the start. We offer a free consultation to review your specific situation.
Answer: Yes, self-defense is a recognized defense under Texas law. It applies when you reasonably believed force was immediately necessary to protect yourself against another person’s use or attempted use of unlawful force, and the force you used was proportional to the threat. Texas also has no duty to retreat in certain situations, along with Castle Doctrine and Stand Your Ground protections. The central question is whether your response was reasonable, so the evidence matters, including witness accounts, video, and the physical facts. We will examine all of it to build the strongest self defense argument the facts allow.
Answer: In general, assault is charged as a misdemeanor, while aggravated assault is a felony that involves serious bodily injury or the use or exhibition of a deadly weapon. The difference is significant, because a felony carries far heavier consequences. If your situation may involve aggravated assault, see our aggravated assault page for the details that apply to those cases.
Answer: An arrest or a charge can show up on a background check, and a conviction can stay on your record forever, which is why the outcome of the case matters so much for your job, housing, and future. Some cases that end in a dismissal or certain outcomes may later qualify to be expunged or non-disclosed, but a conviction for assault generally cannot. To understand whether clearing your record may be possible in your situation, see our expunction and nondisclosure page.
Answer: Legal fees for aggravated assault defense depend on the severity of the charge, whether it is a second or first-degree felony, the complexity of the evidence, and whether the case proceeds to trial. We offer a free initial consultation to review the specific facts and discuss representation. Call (713) 769-5000 or use the contact form below. All consultations are confidential.
