By Graham Norris

The phone rings, or there’s a knock at your door. It’s the police, and they want to talk about an assault allegation. Your mind races, and a cold wave of uncertainty washes over you. This moment is the starting line of a complex process.

If the officers are polite or even let you go after a brief conversation, you might feel relieved. But that feeling can be misleading. Knowing your rights and the legal landscape is not about being difficult; it’s about being smart and protecting your future. Consulting with a knowledgeable Fort Worth assault attorney can help you understand what comes next and ensure you’re prepared for any potential charges.

The Legal Timeline: Knowing If and When You Can Be Charged Later

Being released after speaking with the police does not mean the case is closed. The investigation often continues behind the scenes. The state operates on a specific clock known as the statute of limitations.

• The Clock is Ticking: Statutes of Limitations: For most misdemeanor offenses, the state typically has two years from the date of the alleged incident to file formal charges. A charge could come well after the initial encounter.
• How the Charging Process Unfolds: An officer completes an investigation and sends the file to the local prosecutor’s office. A prosecutor then reviews the evidence and decides whether to file a formal complaint with the court. If you’re expecting criminal charges in Texas, having an attorney involved early can make a significant difference in the outcome.

Knowing the Stakes: The Penalties of an Assault Conviction

Before building a defense, it is crucial to know what is at risk. An assault conviction carries severe, long-term consequences. For detailed information about how assault is defined and prosecuted, see what the Texas Penal Code says about assault.

• Misdemeanor Assault: A simple assault charge is typically a Class A misdemeanor, which can result in up to a year in jail, a $4,000 fine, and a permanent criminal record. Learn more about misdemeanor assault in Texas and what to expect.
• Felony Aggravated Assault: Charges escalate to a felony if a deadly weapon or serious bodily injury is involved. According to Texas Penal Code Chapter 12, which defines criminal penalties, a conviction can lead to two to twenty years in a state prison and the permanent loss of core rights.
• The Lasting Collateral Consequences: A conviction creates a “hidden sentence.” It can justify job termination, disqualify you from loans, and damage child custody arrangements.

Your First and Most Powerful Line of Defense: The Right to Remain Silent

When faced with police questions, your instinct might be to explain your side of the story. However, the single most important thing you can do is invoke your constitutional right to remain silent. If you’ve been accused, knowing what to do when you’ve been accused of a crime in Texas can help you deal with this critical moment.

• Politely Decline to Answer. You can calmly and respectfully state, “I will not be answering any questions without my attorney present.” This is not an admission of guilt.
• Recognize Loaded Questions. Officers may ask about your relationship with the other person or what happened during the encounter. Any answer you provide can be used against you later.
• Understand Your Protection. This right is secured by the Fifth Amendment of the U.S. Constitution, which protects you from being compelled to be a witness against yourself.

The Strategic Reason to Stay Silent: It’s a “Short Game vs. Long Game” Situation

Many people feel pressured to talk because they want to resolve the situation immediately. They are playing the “short game.”

However, this approach overlooks the “long game” of a potential criminal case. Any statement you make becomes a piece of the prosecution’s evidence. The goal is not to get out of the room quickly; it is to avoid giving the state the tools it needs to convict you months down the line.

Your Immediate Next Step: Secure Your Defense

Knowing your right to remain silent is only half the battle. The most critical step you can take is to immediately transition from defense to building your defense.

• Contact a Criminal Defense Attorney Immediately. This is your first and most important call. The sooner an attorney is involved, the sooner they can begin protecting your rights.
• Do Not Discuss the Details With Anyone. Conversations with friends or family are not confidential and can be used against you.
• Let Your Lawyer Communicate for You. Once you have legal representation, all future communication with the police or prosecutors should go through them.

If Charges Are Filed: How a Strong Defense is Built

If charges are filed later, the situation becomes more serious, but it is far from hopeless. A robust defense begins with a meticulous review of the entire case against you. For comprehensive strategies, review how to get Texas assault bodily injury and family violence charges dismissed.

• Challenging the Evidence with a Motion to Suppress: This is a formal request to the court to throw out key evidence if it was obtained illegally. According to the Texas Code of Criminal Procedure Article 38.23, evidence obtained in violation of constitutional or statutory protections cannot be used against you. Getting critical evidence suppressed can often derail the entire prosecution.
• Investigating the Allegation Itself: A strong defense is also an active one. This involves gathering witness statements, reviewing any available video footage, and scrutinizing the accuser’s story for inconsistencies.

Secure Your Advocate Today: Contact Norris Legal Group

Managing an assault allegation is a formidable challenge, but you do not have to face it alone. At Norris Legal Group, we build your defense on a foundation of Dignity, Trust, and Fight.

We see you as a person, not just a case, and provide the transparent communication and vigorous advocacy you need. With a proven track record, we have the experience to protect your future.

Do not leave this critical moment to chance. Schedule a confidential consultation with us today to discuss your case and put an experienced advocate in your corner.