Last updated: Sept. 6, 2024

While misdemeanor assault charges in Texas don’t carry the same penalties as felony assault, many people don’t realize how significant the consequences can be if convicted. If you’re facing a misdemeanor assault charge, don’t panic, but it is important to educate yourself and act quickly.

This guide will help you learn about different types of misdemeanor assault charges in Texas, real-life examples, and what to do if you find yourself charged – as well as when to contact a Fort Worth assault lawyer.

What is Misdemeanor Assault in Texas?

Misdemeanor assault in Texas involves causing bodily injury, threatening bodily injury, or making offensive contact with another person. These types of assault charges in Texas are taken seriously and can have significant consequences.

Definition and Examples

Misdemeanor assault can occur in various situations, including:

• Minor physical fights that result in someone feeling pain.
• Making threats that cause someone to fear imminent harm, even without physical contact.
• Offensive actions like spitting on someone or throwing a drink in their face.

Consequences

If you are convicted of misdemeanor assault in Texas, you could face:

• Fines up to $4,000.
• Up to one year in county jail.
• Probation and required anger management classes.
• A criminal record that affects your employment, housing, and reputation.

Read more: How to Get Terroristic Threat Charges Dropped in Texas

Differences Between Misdemeanor and Felony Assault

Understanding the difference between misdemeanor and felony assault is important because the consequences can vary greatly.

Legal Differences

• Felony Assault: This involves more severe actions, like using a deadly weapon or causing serious bodily injury. Felony assault charges lead to harsher penalties.
• Misdemeanor Assault: These charges are for less severe incidents, like non-life-threatening injuries or threats without a deadly weapon.

Consequences

• Felony Assault: Convictions can result in long prison sentences, loss of gun rights, and voting rights.
• Misdemeanor Assault: Penalties are less severe but still impactful. They can include fines, jail time, and probation. A misdemeanor conviction can also harm your employment opportunities, housing options, and personal relationships.

Steps to Take if Charged with Misdemeanor Assault in Texas

If you’re charged with misdemeanor assault, it’s essential to act quickly and follow these steps:

1. Stay Calm: It’s natural to feel anxious, but staying calm helps you think clearly.
2. Do Not Make Statements Without a Lawyer: Avoid discussing the incident with the police or anyone else without your lawyer present.
3. Contact an Experienced Criminal Defense Attorney: Reach out to a lawyer who specializes in criminal defense as soon as possible.
4. Collect and Preserve Evidence: Save any texts, emails, or other evidence that might support your case. Gather witness statements if possible.
5. Follow Legal Advice: Listen carefully to your attorney’s advice and follow their instructions to build a strong defense.

Once a lawyer takes over your defense, they will:

• Gather Witness Statements: Collect testimonies from anyone who saw what happened.
• Document Your Version of Events: Write down your account of the incident as soon as possible to keep details fresh in your mind.

Having an experienced attorney can make a significant difference in handling misdemeanor assault charges. They will guide you through each step, helping to protect your rights and build a strong defense.

Steps an Experienced Texas Assault Lawyer Will Take to Get Charges Dropped

Facing misdemeanor assault charges can be overwhelming, but an experienced Texas assault/self-defense lawyer can help navigate the legal process and work towards getting your charges dropped. Here’s an overview of the key steps a lawyer will take to build a strong defense and aim for a favorable outcome.

Step 1: Documenting Your Version of Events

The first step your lawyer will take is to understand your version of events. They will sit down with you and go through every detail of what happened. This includes understanding the context, who was involved, and what exactly took place. Your perspective is crucial because it provides the foundation for your defense.

Step 2: Gathering Evidence

Once your lawyer understands your story, they will gather all relevant evidence. This includes:

• Police Reports: Reviewing the official documentation of the incident.
• Witness Statements: Collecting testimonies from anyone who saw what happened.
• Video Footage: Analyzing any available video recordings from security cameras, bystanders, or other sources. This comprehensive evidence collection helps build a solid understanding of the incident from multiple perspectives.

Step 3: Identifying Inconsistencies

Your lawyer will meticulously compare your story with the gathered evidence to identify inconsistencies. This step involves:

• Spotting Discrepancies: Finding differences between police reports and video footage.
• Highlighting Contradictions: Noting contradictions in witness statements.
• Challenging the Police Narrative: Identifying errors or biases in the police account of the incident. By pinpointing these inconsistencies, your lawyer can weaken the prosecution’s case.

Step 4: Building a Defense Strategy

With a thorough understanding of the incident and identified inconsistencies, your lawyer will craft a defense strategy tailored to your situation. This strategy may involve:

• Presenting Evidence: Using the collected evidence to support your innocence or justify your actions.
• Challenging the Prosecution: Disputing the prosecution’s arguments and presenting alternative interpretations of the evidence.
• Highlighting Self-Defense: Demonstrating that you acted in self-defense if applicable.

Step 5: Communicating with Prosecutors

Your lawyer will engage in negotiations with the prosecutors. They will present the evidence and arguments to advocate for reducing or dropping the charges. This might involve:

• Providing Context: Explaining the broader context of the incident to show it was a misunderstanding.
• Showing Mitigating Factors: Highlighting any mitigating factors that could reduce the severity of the charges.

Step 6: Representing You in Court

If your case goes to trial, your lawyer will represent you in court. They will:

• Present Your Defense: Clearly and persuasively present your defense to the judge and jury.
• Cross-Examine Witnesses: Question the prosecution’s witnesses to expose inconsistencies or biases.
• Argue for Dismissal: Argue for the dismissal of charges based on the evidence and legal principles.

By following these steps, an experienced Texas assault lawyer will work diligently to get your charges dropped or reduced, ensuring the best possible outcome for your case.

If You’re Facing Misdemeanor Assault in Texas, Don’t Wait: Contact Norris Legal Group

Don’t face Texas misdemeanor assault charges alone. The consequences to your life are simply too severe to ignore. Instead, reach out to Norris Legal Group. Our experienced attorneys will provide the expert legal assistance you need to protect your future.

Contact Norris Legal Group today for a free consultation. We’re here to help you navigate this challenging time and ensure the best possible outcome for your case. Your defense starts now.