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Assault in Texas

Austin Assault Attorney

Experienced Defense Against Assault Charges in Texas

If you or a loved one has been arrested for assault in Travis County or Central Texas, then look no further than The Law Office of Will Mitchell to help you avoid harsh criminal penalties and clear your name. With more than 18 years of experience, our Austin assault defense attorney is not afraid to take your case to trial in order to get the most favorable results in your case.

To schedule a free initial consultation with our Austin assault attorney to discuss your case, contact us today at (512) 858-8611. 

What Is Assault?

Assault charges in Texas range from a fine only Class C Misdemeanor all the way to a First-Degree Felony. I hear many people say they were arrested for assault but don’t have any idea what kind of assault until a lawyer sits down and explains to them the difference between all the charges. This post seeks to help you understand the nature of your Assault case and what are some collateral consequences of a conviction.

Assaultive Offenses are explained in Chapter 22 of the Texas Penal Code. Sexual Assault offenses are also found in this chapter. Section 22.01 states that an individual can be charged with assault if he or she “intentionally, knowingly or recklessly” cause bodily injury to another. You also can be charged with a class A misdemeanor assault without ever making contact under this section by only threatening imminent bodily harm. 

Texas Assault Laws & Penalties

The more serious the injury, then the higher the level of offense. For example, choking the victim is a third-degree felony. If serious bodily injury is inflicted, or the use of a deadly weapon is proven, then the offense is enhanced to a second-degree felony and in other severe cases, a first-degree felony. The level of the offense also varies based on the relationship to the alleged victim. Assaulting a public servant (police officer) is a third-degree felony. Same thing if the victim is an on-duty security officer or Emergency Medical Technician. Causing serious bodily injury to an elderly person, disabled person, or child is a first-degree felony if done knowingly or intentionally.

As you can see, there are many tiers of assault offenses. Different levels depending on the severity of the injury caused, the relationship to the victim, the age of the victim, and the identity of the victim.

One of the most common assault offenses we see is known as Assault Family Violence. This offense also carries some of the most debilitating collateral consequences. “Family Violence” is a term used to define the relationship of the actor with the victim. If the relationship falls under the definition of section 71.002 et seq. of the Texas Family Code, then the offense is a class A misdemeanor if bodily injury (as opposed to ‘serious bodily injury’) is caused. If the Court makes a family violence finding, then more consequences are added beyond the statutory punishment designated for a class A misdemeanor. Once a family violence finding is made, the actor may never own or possess a firearm, may never be employed as a peace officer under federal law, and if the actor is ever charged with the offense subsequently, then the charge is automatically enhanced to a third degree felony. If a person is convicted of any type of assault, they are typically disqualified from most types of residential leases. This means that an assault conviction will likely prevent you from ever leasing an apartment or house.

Understanding Protective Orders

One of the most problematic consequences of an Assault Family Violence charge/conviction is the issuance of a Protective Order. There are two types.

  • An Emergency Protective Order may be issued prior to your release from jail and can last between 30 and 60 days (90 days if a deadly weapon is used) under the Texas Code of Criminal Procedure.
  • There are also Family Code Protective Orders. Protective Orders impose conditions to prevent you from going within a certain distance of an address or person. They limit contact with the alleged victim, by prohibiting any contact and limiting communication.

Violation of a Protective Order itself is an offense that you can be charged with committing. It is classified as a Class A misdemeanor for the first offense.

Contact Our Assault Lawyer in Austin Today

Accordingly, being charged with an assault case is extremely complicated and requires a lawyer who is familiar with the nuances and statutes that apply. If you or someone you know has been charged with an assault in Texas, our Austin assault lawyer will be ready to protect your rights, reputation, and freedom.

Call us today at (512) 858-8611 for immediate legal support from our dedicated criminal defense team. Serving clients in Austin, Travis County, and throughout Central Texas. 

Commonly Asked Questions

How does the severity of injury affect assault charges in Texas?

The severity of the injury inflicted during an assault directly impacts the level of offense in Texas. For instance, choking the victim is classified as a third-degree felony, while causing serious bodily injury or using a deadly weapon can enhance the offense to a second-degree felony. In more severe cases, such as intentionally or knowingly causing serious injury to an elderly person, disabled person, or child, the offense may be elevated to a first-degree felony.

Can the relationship with the victim affect the level of assault charge in Texas?

Yes, the relationship between the accused and the victim can significantly affect the level of assault charge in Texas. For example, assaulting a public servant, such as a police officer, is considered a third-degree felony. Similarly, if the victim is an on-duty security officer, emergency medical technician (EMT), or if the assault involves family violence, the charges and consequences can be more severe, potentially leading to enhanced penalties and additional legal repercussions.

Why is it important to have a knowledgeable defense attorney for assault charges in Austin, Texas?

Navigating assault charges in Austin, Texas, requires a deep understanding of the complex statutes and nuances of the law. A knowledgeable defense attorney can provide crucial guidance and representation, aiming to protect the rights, reputation, and freedom of the accused. With the potential for severe penalties and long-term consequences, having an experienced attorney is essential for a robust defense strategy and to explore all available options for a favorable outcome.

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