Question 1

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

Accepted Answer

Simple assault in Texas (Texas Penal Code § 22.01) involves intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily injury, or causing offensive physical contact. Aggravated assault (§ 22.02) is a more serious offense that involves causing serious bodily injury or using or displaying a deadly weapon during the assault. Simple assault is typically a Class A misdemeanor (up to 1 year in jail, $4,000 fine), while aggravated assault is a second-degree felony (2-20 years in prison, $10,000 fine) or first-degree felony if against certain protected individuals.

Question 2

What counts as bodily injury in a Texas assault case?

Accepted Answer

Under Texas Penal Code § 1.07(8), bodily injury means physical pain, illness, or any impairment of physical condition. This is a very broad definition—even minor injuries like redness, swelling, bruising, or temporary pain can qualify. Serious bodily injury requires a substantial risk of death or permanent disfigurement, protracted loss or impairment of any bodily member or organ, or substantial risk of death. Prosecutors only need to prove that some level of pain or physical impairment occurred, which is why many assault cases proceed even without visible injuries.

Question 3

Can I be charged with assault if there are no visible injuries?

Accepted Answer

Yes, you can be charged with assault in Texas even without visible injuries. Texas law defines bodily injury as physical pain, illness, or any impairment of physical condition—visible injury is not required. The alleged victim's testimony about experiencing pain, combined with corroborating circumstances, can be sufficient for prosecution. Additionally, assault by threat does not require any physical contact at all; merely placing someone in fear of imminent bodily injury is enough. This is why many assault charges proceed to prosecution based solely on witness statements.

Question 4

What are the penalties for assault in Texas?

Accepted Answer

Assault penalties in Texas vary by classification. Simple assault (Class A misdemeanor) carries up to 1 year in county jail and fines up to $4,000. Assault against a family member, public servant, or security officer can be enhanced to a third-degree felony (2-10 years in prison, $10,000 fine). Aggravated assault is a second-degree felony (2-20 years in prison, $10,000 fine), or a first-degree felony (5-99 years or life in prison, $10,000 fine) if committed against certain protected classes like police officers, judges, or witnesses. Additional consequences include probation, community service, anger management classes, and a permanent criminal record affecting employment and gun ownership rights.

Question 5

What is assault family violence in Texas?

Accepted Answer

Assault family violence occurs when an assault is committed against a family member, household member, or someone you're dating or have dated. Under Texas law, family includes current or former spouses, parents of your children, foster children and parents, blood relatives, and people related by marriage. Even a first offense carries serious consequences: protective orders, loss of gun ownership rights under federal law (Lauterbach Amendment), and immigration consequences. A second family violence assault is automatically a third-degree felony with 2-10 years in prison. Many jurisdictions have no-drop policies, meaning prosecution proceeds even if the alleged victim wants to drop charges.

Question 6

Can I claim self-defense against an assault charge in Texas?

Accepted Answer

Yes, self-defense is a valid defense to assault charges in Texas under Penal Code § 9.31. You can use force against another person when you reasonably believe it's immediately necessary to protect yourself against another's use or attempted use of unlawful force. The force used must be proportional to the threat—deadly force is only justified when defending against deadly force or to prevent certain violent felonies. You cannot claim self-defense if you provoked the confrontation or were engaged in criminal activity. Texas is a stand-your-ground state, meaning you have no duty to retreat before using defensive force in places where you have a legal right to be.

Question 7

What is the statute of limitations for assault in Texas?

Accepted Answer

For simple assault (Class A misdemeanor), the statute of limitations in Texas is 2 years from the date of the alleged offense under Texas Code of Criminal Procedure Art. 12.02. For aggravated assault (felony), the statute of limitations is 3 years under Art. 12.01(4). For assault involving family violence, there are special exceptions—if DNA evidence or video evidence exists, prosecutors may have additional time to file charges. Once charges are filed, the statute of limitations no longer applies, and the case proceeds regardless of time passed.

Question 8

Will an assault conviction affect my gun rights in Texas?

Accepted Answer

Yes, assault convictions significantly impact gun ownership rights in Texas. Under federal law (18 U.S.C. § 922(g)(9)), any misdemeanor conviction for assault family violence results in a lifetime ban on gun ownership and possession—this includes simple assault against a family member. Felony assault convictions also prohibit firearm possession under both federal and Texas law. Even if Texas law allows gun rights restoration after 5 years for certain felonies, federal law may still prohibit possession. If you own firearms or need them for employment (law enforcement, security, military), an assault conviction can permanently end your career.

Question 9

Can assault charges be dropped or dismissed in Texas?

Accepted Answer

Assault charges can be dismissed in Texas, but the decision rests with the prosecutor, not the alleged victim. Common grounds for dismissal include: lack of sufficient evidence, witness credibility issues, violations of constitutional rights (illegal search or arrest), self-defense claims supported by evidence, or successful completion of pretrial diversion programs. In family violence cases, many prosecutors have no-drop policies and will proceed even if the alleged victim recants or refuses to cooperate. An experienced criminal defense attorney can negotiate with prosecutors, present exculpatory evidence, and file motions to suppress evidence or dismiss charges based on legal deficiencies.

Question 10

What is deferred adjudication for assault in Texas?

Accepted Answer

Deferred adjudication is a form of probation where you plead guilty or no contest, but the judge defers finding you guilty. If you successfully complete the probationary period (typically 1-2 years for assault), the case is dismissed and you avoid a final conviction. However, important limitations apply: deferred adjudication for assault family violence still results in loss of gun rights under federal law, even though it's not technically a conviction under Texas law. Additionally, deferred adjudication can be used for sentencing enhancement if you're charged with another crime in the future. Eligibility depends on your criminal history, the specific facts of your case, and prosecutor discretion.

Question 11

How much does an assault lawyer cost in Austin?

Accepted Answer

Assault attorney fees in Austin typically range from $2,500 to $15,000 depending on case complexity and severity. Simple Class A misdemeanor assault cases may cost $2,500-$5,000 for representation through trial. Aggravated assault or family violence cases with more serious charges often run $7,500-$15,000 or more. Felony assault cases requiring extensive investigation, expert witnesses, and trial preparation can exceed $20,000. Many Austin criminal defense attorneys offer free initial consultations and flexible payment plans. The cost of quality representation is often far less than the long-term consequences of a conviction.

Question 12

What should I do if I'm arrested for assault in Austin?

Accepted Answer

If arrested for assault in Austin: (1) Remain silent and invoke your right to an attorney immediately—anything you say can be used against you, (2) Do not contact the alleged victim or discuss the case with anyone except your attorney, (3) Document everything you remember about the incident, including witnesses and evidence that supports your version of events, (4) Hire an experienced Austin criminal defense attorney as soon as possible, (5) Follow all bond conditions strictly, including protective orders if issued. In family violence cases, do not attempt to contact the alleged victim even if they contact you first—violating a protective order is a separate criminal offense that can result in immediate arrest.

Austin Assault FAQ: Common Questions About Assault Charges in Texas