Everything You Need To Know About Assault Charges
If you have been arrested and charged with Assault in Texas, your next step should be to find an attorney that can help you avoid a conviction. Many ask if a misdemeanor is worth the hassle. Yes, it does matter, and that is becuase it will show on your record for life, which will follow you when you are looking for employment, child custody issues, and many other factors. It will also tell the judge you are a repeat offender, which will likely make any future charges carry more severe consequences.
Christpher Castro can help you fight back and avoid a conviction. Call now or use our form to schedule a Free and Confidential Case Review Immediately.
Texas Penal Code Definition Of Assault
Under Texas Penal Code §22.01, the act of assault can include a broad range of action, which is not limited to just physical harm. You can be charged with assault in San Antonio if you:
- Intentionally or knowingly causing bodily injury
- Threatening another with imminent bodily injury
- Causing physical contact that’s offensive or provocative
Types of Assault Charges
There are many forms of assault you can be charged with, with the following being the most common.
- Simple Assault: This type of charges will involve pushing, slapping, or threatening without serious injury. Often a Class A misdemeanor.
- Assault Causing Bodily Injury: When you perform a physical act that causes pain or injury to another person. This can be classified as a felony depending on who the victim is.
- Aggravated Assault: If you cause serious bodily injury or use a deadly weapon. You are facing asecond or first-degree felony for this crime.
- Assault on a Family Member: Domestic violence is called family violence in Texas. This charge has enhanced penalties, which can call for protective orders and firearm restrictions.
- Assault on a Public Servant: You will face this charge if you assault or injure EMT, police or a state employee while they’re on duty. Automatically a felony.
- Assault by Strangulation: This is a crime that involves choking or restricting someones airflow during an altercation. Ususually considered a felony with or without visible injuries.
Penalties For Assault Convictions In Texas
This is why we always recomend you hire an attorney for your misdeemanor or felony charges, not only due to the criminal record implications, but the fines and penalties associated with assault crimes in Texas.
- Class C Misdemeanor: Threats or offensive contact – fine up to $500
- Class B Misdemeanor: Assault in sports or against officials – up to 180 days in jail
- Class A Misdemeanor: Assault causing pain or minor injury – up to 1 year in jail and $4,000 fine
- State Jail Felony: Assault with prior convictions or against vulnerable individuals – 180 days to 2 years in jail
- Third-Degree Felony: Assault on a public servant or choking a family member – 2 to 10 years in prison
- Second-Degree Felony: Aggravated assault with serious injury – 2 to 20 years in prison
- First-Degree Felony: Aggravated assault with a deadly weapon and serious harm – 5 to 99 years in prison
What Happens After an Assault Arrest?
If you were charged with assault, you probably were already arrested, but you probably dont know what comes next. Below are the steps you will take in order to finalize your case in the San Antonio and surrounding areas criminal justice courts.
- Arrest and Booking: You’ll be taken into custody, fingerprinted, and processed.
- Magistrate Appearance: A judge will inform you of the charges and set your bail amount.
- Bond Release: If bail is posted, you’re released pending trial. If not, you may remain in jail.
- Protective Orders (if applicable): A judge may issue a no-contact order, especially in domestic violence cases.
- Pretrial Proceedings: Your lawyer reviews evidence, requests discovery, and negotiates with prosecutors.
- Plea or Trial: Some cases are dismissed or resolved through plea deals. Others go to trial, where the state must prove guilt beyond a reasonable doubt.
- Resolution: Results can include case dismissal, deferred adjudication, probation, or jail/prison time depending on outcome.
Possible Defenses to Assault Charges
When you hire an attorney, you want the attonrey to defend you. You do not want someone who is going to walk you through all the steps and take the first plea deal given. Instead, you want someone who will discuss the details of your case, reivew evidence, witnesses, and anything that can give them a cause to have your case dismissed, charges reduced or a not guilty verdict in trial.
Here are the most common stratagies we use for cleints who are facing assault chages.
- Self-defense: You acted to protect yourself or someone else from harm.
- Mutual combat: Both parties voluntarily engaged in the altercation.
- False accusation: Especially common in domestic disputes and breakup situations.
- No intent or accident: The alleged contact was not intentional or was misinterpreted.
- Lack of evidence: No injuries, no credible witnesses, or inconsistent statements.
- Violation of rights: Unlawful arrest, coerced statements, or lack of Miranda warnings.
Why You Need Castro in Your Corner
Christopher Castro is a seasoned criminal defense lawyer with experience handling misdemeanor and felony assault cases across the city of San Antonio, TX. He knows how local prosecutors operate and how to strategically attack weak points in their case against you.
- Thorough case review and investigation
- Strong advocacy in pretrial negotiations and at trial
- Skilled in handling sensitive domestic assault cases
- Focused on protecting your record and avoiding jail time
Areas We Serve
Castro defends clients accused of assault throughout San Antonio, and surrounding cities and counties. Regardless if your case is here or outside the city, Christopher Castro prepared to defend your rights, fight for your future, and help you avoid a criminal record.
- New Braunfels – biggest on this list.
- Schertz / part of multiple counties. Look into this on the map.
- Seguin –
- Boerne –
- Kerrville –
- Cibolo –
- Converse –
- Universal City –
- Live Oak –
- Helotes –
- Alamo Heights –
- Castroville
- Floresville
Facing an Assault Charge? Call To Schedule A Free Case Review.
If you’ve been accused of assault, don’t speak to the police or try to explain your side without a lawyer. The faster you act, the better your defense. Christopher Castro is ready to stand by your side, protect your rights, and work to get your charges dismissed or reduced.