TEXAS ASSAULT LAW — WHAT YOU NEED TO KNOW
Texas Penal Code § 22.01 defines assault as intentionally, knowingly, or recklessly causing bodily injury; intentionally threatening another with imminent bodily injury; or intentionally causing physical contact the other finds offensive. The charge level depends on the nature of the contact, the severity of injury, the relationship between the parties, and whether a weapon was involved.
Early intervention changes outcomes. In Travis County, how assault cases are handled in the hours and days after arrest can dramatically affect the outcome. Our Austin assault attorneys contact prosecutors early, gather exculpatory evidence, and challenge probable cause at the earliest opportunity — often before formal charges are even filed.
Texas Assault Charge Levels & Penalties
Class C MisdemeanorThreatening or offensive touching — fine only up to $500, no jail time
Class A MisdemeanorCausing bodily injury — up to 1 year county jail, fines up to $4,000
Third Degree FelonyAssault against certain victims (public servants, family violence with prior) — 2–10 years prison
Second Degree FelonyAggravated assault (serious bodily injury) — 2–20 years prison
First Degree FelonyAggravated assault with deadly weapon against family member or public servant — 5–99 years or life
Assault Family Violence (AFV)Assault against a family/household member — enhanced penalties and collateral consequences for firearms rights
Assault Defense Strategies in Austin TX
1
Self-Defense / Defense of Others
Texas Castle Doctrine and Stand Your Ground laws provide strong self-defense protections — force was justified to protect yourself or another from imminent harm.
2
Mutual Combat
If both parties were willing participants in a fight, self-defense and mutual combat arguments can defeat or reduce the charge.
3
Insufficient Evidence
The State must prove assault beyond a reasonable doubt — lack of physical evidence, inconsistent witness accounts, and credibility issues can defeat the case.
4
False Allegations
In domestic situations, false assault allegations occur. Credibility of the complainant and inconsistencies in their account are aggressively challenged.
5
Deferred Adjudication
For first-time offenders, deferred adjudication may be available for some assault charges — resulting in no final conviction upon probation completion.
What to Do After an Assault Arrest in Austin
Exercise your right to remain silent — do not give your version of events to police
Request an attorney before answering any questions whatsoever
Do not attempt to contact the complainant or witnesses
Gather any evidence you have — texts, photos, video, witnesses who support your account
Bond out as quickly as possible and contact an Austin assault attorney immediately
If an emergency protective order was issued, follow it strictly — violations are separate charges
Frequently Asked Questions
What is the difference between assault and aggravated assault in Texas?▾
Assault under Texas law is causing bodily injury, threatening, or offensive contact. Aggravated assault involves serious bodily injury or use of a deadly weapon — a second or first degree felony with much harsher penalties.
Can assault charges be dropped in Texas?▾
Yes. The district attorney (not the victim) decides whether to prosecute. An attorney can present evidence of self-defense, false allegations, or insufficient evidence to convince the DA to dismiss or reduce the charge.
Can the victim drop assault charges in Texas?▾
The victim can ask the DA to drop charges, but the decision is the DA's alone. In domestic violence cases, Travis County prosecutors often proceed even when the victim wants to withdraw — a defense attorney is essential.
What is assault family violence (AFV) in Texas?▾
AFV is assault against a family member, household member, or current/former romantic partner. It carries enhanced penalties, creates a permanent record that cannot be expunged, and can affect firearm rights under federal law.
Does Texas have a Castle Doctrine?▾
Yes. Texas law allows you to use force — including deadly force in some circumstances — to defend yourself, your home, and your vehicle. Our attorneys assess whether your use of force was legally justified.
Can an assault conviction be expunged in Texas?▾
Convictions generally cannot be expunged. However, cases dismissed or resulting in acquittal can be expunged. Deferred adjudication for some assault charges may be eligible for non-disclosure after a waiting period.