Texas Assault Defense Attorneys

Texas Assault Defense Attorneys Across the DFW Metroplex

Assault under Texas Penal Code Section 22.01 ranges from a Class C municipal-court matter to a first-degree felony depending on three factors: who the alleged victim is, what physical contact occurred, and whether the case involves family violence. The collateral consequences are often worse than the criminal exposure itself. A family-violence conviction triggers permanent federal firearms prohibition under 18 U.S.C. § 922(g)(9), affects child custody and visitation, and can trigger immigration removal proceedings.

The three types of assault under Section 22.01

Section 22.01 defines assault three ways. Subsection (a)(1) — causing bodily injury intentionally, knowingly, or recklessly. "Bodily injury" requires physical pain, illness, or impairment of physical condition; the standard is low. Subsection (a)(2) — threatening another with imminent bodily injury. No physical contact required. Subsection (a)(3) — offensive or provocative contact. Standard assault is a Class A misdemeanor; "by threat" or "by offensive contact" downgrades to Class C. Enhancements apply when the alleged victim is a peace officer, public servant, security officer, emergency services personnel, judge, family member, or pregnant woman.

Family violence assault — Section 22.01(b)

When the State alleges the assault occurred against a family or household member or someone in a dating relationship (defined in Family Code Section 71.0021), the case carries enhanced exposure. A second family-violence offense becomes a third-degree felony (2-10 years TDCJ). An offense involving impeding breath or circulation (strangulation) elevates to third-degree felony on the first offense. Continuous violence — three assault episodes against a family member within 12 months — is a third-degree felony. The Lautenberg Amendment imposes federal firearms prohibition for life. Texas courts have held this prohibition applies even after deferred adjudication completion.

Aggravated assault and serious bodily injury — Section 22.02

Aggravated assault under Section 22.02 elevates to second-degree felony (2 to 20 years, fine up to $10,000) when the defendant causes serious bodily injury OR uses or exhibits a deadly weapon during the commission. "Serious bodily injury" means substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of function. "Deadly weapon" includes firearms but also anything that, in the manner of use, is capable of causing death or serious bodily injury — bottles, vehicles, and even hands and feet have qualified in Texas case law. First-degree elevation (5 to 99 years or life) applies when the victim is a public servant or family member.

Self-defense and justification under Chapter 9

Texas Penal Code Chapter 9 provides several justification defenses. Section 9.31 (self-defense) — force is justified when reasonably believed immediately necessary to protect against another's unlawful use of force. Section 9.32 (deadly force in self-defense) — applies when self-defense is justified AND the actor reasonably believes deadly force is necessary to prevent imminent death, serious bodily injury, or specific named felonies. The 2007 "Castle Doctrine" amendments removed the duty to retreat in places where the actor has a legal right to be. Section 9.33 (defense of third person) — same standard applies to defense of others. Self-defense must be asserted properly — it's not automatic. Counsel must develop the factual record, present competent corroborating evidence, and argue Section 9.32 jury instructions at the charge conference.

Affidavits of non-prosecution — what they actually do

Family-violence cases routinely involve an alleged victim who, after the initial allegation, signs an Affidavit of Non-Prosecution stating they don't wish to pursue charges. This is a state document, not a private contract. Filing it does NOT automatically dismiss the case. The District Attorney decides whether to proceed. Texas DAs routinely continue prosecutions even with non-prosecution affidavits on file, particularly in domestic violence cases where prosecution policy favors moving forward to break cycles of abuse. The affidavit is useful — it may slow the case, may affect plea negotiations, and may influence the trial dynamic if the alleged victim testifies favorably — but it doesn't end the prosecution.

Why an experienced assault defense lawyer matters

Assault cases turn on detail. The 911 call audio, the responding officer's body-worn camera, the medical records, the photographs of any injury, the consistency of the alleged victim's statements over time, and the presence (or absence) of corroborating witnesses all become evidentiary battlegrounds. Cross-examining an alleged victim in a family violence trial requires preparation — both legal and emotional. Filing pre-trial motions to limit the State's evidence (404(b) prior-acts evidence, hearsay rules, excited utterance exceptions) requires familiarity with how the District Attorneys in each county litigate these cases. We handle assault cases across all nine DFW counties and have argued the same issues to many of the same judges across multiple years.

Service Areas — Nine DFW Counties

We handle assault cases across all nine DFW Metroplex counties. Click your county for county-specific procedural information, courthouse details, and case-handling notes.

Frequently Asked Questions