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Austin Assault Attorney

Have you been charged with assault in Texas? You deserve a strong defense from an experienced assault attorney
I’m David Reed. Contact me today for a free consultation and let’s fight your charges together.

What are the Charges for Assault in Texas?

Assault charges in Texas are categorized based on the severity of the offense, ranging from Class C misdemeanors to first-degree felonies. Understanding the nuances of each assault classification empowers your criminal defense attorney to mount an effective defense.

Misdemeanor Assault

• Class C: This is the least severe assault charge in Texas, typically involving minor physical contact or threats of harm. Penalties may include a fine of up to $500.

• Class B: A step up in severity, Class B misdemeanor assault involves offensive physical contact or minor injuries. Conviction can result in up to 180 days in jail and a fine of up to $2,000.

• Class A: More serious than Class B, Class A misdemeanor assault involves causing bodily injury to another person. Punishments may include up to one year in jail and fines of up to $4,000.

Felony Assault

•  Third Degree: Assault offenses escalate to third-degree felonies when they involve certain aggravating factors, such as causing serious bodily injury. Penalties can include up to 10 years in prison and fines of up to $10,000.

• Second Degree: This classification applies to assault cases where the victim is a public servant, security officer, or emergency services personnel. Conviction may lead to 2 to 20 years in prison and fines of up to $10,000.

• First Degree: The most severe assault charge in Texas, first-degree felony assault involves causing serious bodily injury with a deadly weapon or against a family member, household member, or dating partner. Punishments can range from 5 years to life imprisonment, along with fines of up to $10,000.

What Makes an Assault a Felony in Texas?

Certain factors can elevate assault charges to felony status in Texas, such as causing serious bodily injury or involving a deadly weapon. Understanding these distinctions is crucial for crafting an effective defense strategy, so it’s vital that you’re honest with your assault attorney about the specific details of
your situation.

Does Texas Pick Up Assault Charges?​

Yes, Texas takes assault charges seriously, and law enforcement can pursue charges even if the victim doesn’t wish to prosecute. In criminal cases, it’s ultimately the State of Texas that decides whether to proceed with prosecution, not solely the preference of the victim. 

This means that, even if the alleged victim chooses not to press charges, the state may still pursue legal action against the defendant. It’s essential that you consult with an assault attorney promptly if you’re facing assault charges.

How Can Assault Charges Be Dropped in Texas?

Several strategies can potentially lead to the charges being dropped or reduced, including:

  • Self-Defense: If you acted in self-defense, you may be able to have the charges dropped by demonstrating that your actions were necessary to protect yourself or others from harm.

  • Mutual Consent: In cases where both parties consented to the physical altercation, it may be possible to argue mutual consent as a defense, leading to the dismissal of charges.

  • Lack of Sufficient Evidence: If there is insufficient evidence to prove the assault beyond a reasonable doubt, your attorney can challenge the prosecution’s case, potentially resulting in the charges being dropped.

  • Participation in Pre-Trial Diversion Programs: In some cases, defendants may be eligible for pre-trial diversion programs, which offer alternatives to traditional prosecution. By completing requirements such as counseling or community service, you may avoid conviction and have the charges dropped.

  • Negotiation with the Prosecution: Your attorney can engage in negotiations with the prosecution to seek a favorable outcome, such as a reduction in charges or a plea agreement that results in the dismissal of charges.