By Graham Norris

The weight of an assault charge in Texas can feel like a sudden, heavy silence—a pause where your future, reputation, and freedom hang in the balance. In that silence, the legal machinery begins to turn, and the path ahead can seem predetermined. But it is not.

An assault charge is an accusation, not a conviction. The gap between the two is where a strong defense is built. This guide outlines the key strategic paths your attorney can take to challenge the case against you, aiming for the optimal outcome: getting the charges dropped before they ever define your life.

Section 1: The Grounds for Dismissal: Challenging the Case Against You

Before building a defense, it’s crucial to understand what the prosecution must prove. Getting charges dropped means dismantling their case before it’s strong enough to stand.

• The Role of Evidence & Procedure: Cases are built on evidence gathered according to strict legal rules. If the evidence is weak, contradictory, or was obtained by violating your rights, the foundation of the case crumbles. Knowing what the Texas Penal Code says about assault is essential for identifying weaknesses in the prosecution’s case.
• The Power of Early Intervention: The most effective time to get charges dropped is often early in the process. An experienced attorney intervening during the investigation can present exonerating evidence or highlight fatal flaws directly to the District Attorney. If you’re expecting criminal charges in Texas, having legal representation before charges are filed can make all the difference.

The Legal Process: When Dismissals Can Happen

Knowing the strategic “how” is essential, but so is knowing the “when.” The legal process has several key phases where an attorney can aggressively pursue a dismissal.

• The Investigation & Pre-Filing Phase: Before the District Attorney files formal charges, there is a critical investigative period. This is a powerful opportunity for your attorney to intervene with exonerating evidence to prevent you from ever being formally charged.
• Pre-Trial Motions & Hearings: Once a case is filed, your attorney files strategic motions. A Motion to Suppress can ask a judge to throw out key evidence obtained illegally. Winning these motions can fatally weaken the prosecution’s case. According to the Texas Code of Criminal Procedure Article 38.23, evidence obtained in violation of constitutional or statutory protections must be excluded from trial.
• Plea Negotiations & Pre-Trial Diversion: Throughout the pre-trial process, your attorney is negotiating with the prosecutor. In qualifying cases, prosecutors may offer a pre-trial diversion program. Successfully completing this program results in the charges being dropped.

Section 2: Key Strategies to Get Your Assault Charges Dropped

A successful dismissal is rarely an accident; it is the result of a deliberate and aggressive strategy. We employ a multi-faceted approach to protect your future.

• Conduct a Meticulous Evidence Review: We scrutinize police reports, witness statements, and all available video footage, searching for inconsistencies, errors, or omissions. Any failure to follow proper procedure can severely weaken the case.
• File a Motion to Suppress Evidence: If key evidence was obtained through an illegal search or a violation of your rights, we file a Motion to Suppress. If a judge rules this evidence inadmissible, the prosecution is often left with no choice but to drop the charges.
• Demonstrate a Lack of Criminal Intent: We gather evidence to show you acted in self-defense, defense of others, or that the incident was a reckless accident. Knowing what the Texas Penal Code says about self-defense is crucial for building a strong defense based on justification. Proving a lack of criminal culpability is a powerful argument for dismissal.
• Present a Compelling Case for Mitigation: We work to present you as a whole person. This involves gathering character references and having you proactively complete relevant courses. Presenting this portfolio to the prosecutor can demonstrate that dismissal is a just outcome.

Section 3: The Norris Legal Group Difference: A Strategic and Human Approach

We operate on the principle that everyone deserves dignity and respect when facing the criminal justice system. Our approach is built on the knowing that good people can find themselves in difficult situations.

Our defense strategy is intentionally two-pronged. We simultaneously mount an aggressive legal challenge to the evidence while building a compelling personal narrative that highlights your character. This comprehensive method shows the prosecution that we are prepared for trial, while also making a powerful case for why your life should not be derailed.

Section 4: Real-World Case Examples: How We’ve Secured Dismissals

While every case is unique, past successes illustrate the power of a strategic defense.

• Case Study 1: Dismissal Based on Self-Defense and Video Evidence: A client was charged with assault after a physical altercation. We secured security footage that showed the other party initiated the confrontation and our client was acting solely in self-defense. Upon presenting this evidence, the charges were completely dropped. This approach is detailed in our guide on how to get Texas assault bodily injury and family violence charges dismissed.
• Case Study 2: Charges Dropped After Proactive Mitigation: An individual faced a simple assault charge. We guided our client through proactive steps, including completing an anger management course. We compiled this into a mitigation portfolio and presented it to the prosecution, who agreed to dismiss the charge.

Secure Your Advocate and Begin Building Your Defense

The strategic paths to a dismissal we’ve outlined are the practical approaches we employ to protect our clients’ futures. At Norris Legal Group, we believe that powerful defense is built on a foundation of Dignity, Trust, and Fight.

With a proven track record and a philosophy that blends rigorous legal strategy with a deep knowing of your story, we are equipped to manage the complexities of your situation. Don’t face this challenge alone. Contact Norris Legal Group today for a confidential consultation and let us put our experience to work for you.