Last updated: Sept. 6, 2024

Getting charged with an assault in Texas can completely upend your life. If that’s happened to you, you’re probably wondering what’s next, how this will affect your future, and whether you should get an experienced Fort Worth assault lawyer.

If you’re worried and need guidance, you’ve come to the right place. This page will help you understand the different types of assault charges in Texas, what makes Texas laws unique, and what you should do next. By the end, you’ll know more about your situation and when to get legal help to protect your rights.

Table of Contents:

• Types of Assault Charges in Texas
• Unique Aspects of Texas Assault Laws
• Common Mistakes Made During Assault/Self-Defense Situations in Texas
• How a Fort Worth Assault Lawyer Will Challenge Assault/Self-Defense Evidence
• Examples of How a Fort Worth Assault Lawyer Can Help
• Why Choose Norris Legal Group as Your Fort Worth Assault Lawyer?
• Facing Assault Charges? Now Is the Time to Act: Contact Norris Legal Group

Types of Assault Charges in Texas

Knowing the different types of assault charges in Texas is important because each has different consequences and legal implications.

Family Violence Assault

Family violence assault often happens between people who know each other, such as family members or roommates. In Texas, these cases can have serious consequences, such as losing your gun rights or having trouble renting an apartment.

This label can apply even if the relationship isn’t romantic but involves roommates or relatives – sometimes even distant ones. Here are some specific scenarios:

• First-Time Family Violence Assault: A first-time offense of assault causing bodily injury to a family member is a Class A misdemeanor with a range of punishment of up to one year in the county jail, and up to a $4,000.00 fine. It also carries significant additional consequences, including potential loss of gun rights, difficulties with housing and employment, and a permanent criminal record.
• Family Violence with Prior Conviction: If someone has a prior family violence conviction, any new assault charge becomes a third-degree felony, with a range of punishment between 2-10 years in prison and up to a $10,000.00 fine. This makes the stakes much higher, with potentially life-altering consequences. 
• Choking or Impeding Breath: If you are accused of choking or impeding the breath of a family member, it is automatically a third-degree felony with a punishment range of 2-10 years in prison and up to a $10,000.00 fine. These charges are taken very seriously due to the dangerous nature of the allegations.
• Continuous Family Violence: If there are two or more incidents of family violence within a 12-month period, it is considered continuous family violence and can be instead charged as a third-degree felony with a punishment range of 2-10 years in prison and up to a $10,000.00 fine.

The more serious the charges, the more you need a Fort Worth assault lawyer on your side.

Class C Assault

Class C assault charges in Texas are the least severe but can still have lasting consequences. These include:

• Assault by Threat: This includes making a threat that places someone in fear of imminent bodily harm, even if there is no physical contact. This can result in a Class C misdemeanor, which is punishable by a fine of up to $500.
• Assault by Contact: This occurs when someone is offended by unwanted physical contact that does not cause injury or pain, such as spitting on someone or throwing a drink. It is also a Class C misdemeanor punishable by a fine of up to $500.

While these are fine-only offenses, they can result in a permanent criminal record. And if the authorities place a family violence tag on them, the consequences can be even more severe. 

Class A Misdemeanor Assault

Class A misdemeanor assault in Texas involves causing bodily injury to another person. This is often associated with situations like bar fights or altercations where someone feels pain but does not sustain serious injury.

Causing pain to another person, even without visible injuries, can be charged as a Class A misdemeanor, with a possible punishment of up to one year in the county jail and up to a $4,000.00 fine. This includes both strangers and acquaintances. Remember, if the victim is considered a family member under the law, the additional family violence label can be added, and can lead to further consequences.

Aggravated Assault

Aggravated assault charges are more severe and can result in significant harsher penalties. These include:

• Aggravated Assault with a Deadly Weapon: Using or showing a deadly weapon during an assault elevates the charge to a second-degree felony, with a punishment range of 2-20 years in prison, and up to a $10,000.00 fine. Deadly weapons can include firearms, knives, baseball bats, vehicles, and even fists if used in a deadly manner.
• Assault by Threat with a Deadly Weapon: Threatening someone with a deadly weapon can also be charged as aggravated assault. This does not require physical contact but must place the victim in fear of imminent serious bodily injury or death.

Each category of assault has its own unique challenges.  If you are facing any of these charges, it is crucial to seek experienced legal assistance to navigate the complexities of the law and protect your rights.

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

Unique Aspects of Texas Assault Laws

Texas has some unique elements in its assault laws that can affect how cases are handled.

Family Violence Label

In Texas, the family violence label can be applied broadly. It can include not just intimate partners but also roommates, cousins, or certain other relatives. This label comes with additional legal consequences and must be handled carefully.

Assault by Threat

In Texas, an assault charge can be based on a threat verbal or non-verbal actions. The law states that if you place someone in imminent fear of bodily injury or death, you can be charged with assault. This means that even if no physical contact occured, you could still face serious charges.

Common Mistakes Made During Assault/Self-Defense Situations in Texas

When facing an assault or self-defense situation, people often make mistakes that can hurt their case. Here are some common mistakes to avoid:

• Waiving Your Right to Remain Silent: It’s important not to answer questions that could incriminate you. You are not legally required to answer questions like “What happened?” or “Did you hit them?” Invoke your 5th Amendment right to remain silent instead.
• Admitting Guilt or Fault: Avoid making statements that can be used against you in court. Admitting to hitting someone, even if it was in self-defense, can be used against you later.
• Failing to Gather Evidence: Not collecting evidence, such as photos of injuries or witness statements, can weaken your case. It’s important to gather as much evidence as possible to support your version of events.

If you’ve made one or more of these mistakes, all is not lost. But it does mean you need to contact an experienced Fort Worth assault attorney as soon as you can.

How a Fort Worth Assault Lawyer Will Challenge Assault/Self-Defense Evidence

If you’ve been charged with assault, challenging the evidence is crucial in Texas. Here’s how your your lawyer can help:

Procedural Errors

Your lawyer will review the police procedures and paperwork for mistakes. If the officer didn’t follow proper protocols, the evidence might not be valid or admissible in court. This includes potential constitutional violations of your rights. A good lawyer will ensure that any evidence was collected legally and correctly. For instance:

• Lawful Detention or Arrest: If the police did not have a valid reason to detain you, or to arrest you, any evidence they collected might be thrown out.
• Miranda Rights: If the police did not inform you of your rights (e.g., the right to remain silent), any statements you made might not be admissible in court.
• Evidence Collection: Your lawyer will check if the evidence was collected following proper procedures. If not, it might be challenged, leading to a dismissal or reduction in your case.

Inaccurate Reports

Witness statements and police reports are not always accurate. Your lawyer will ensure these reports were made correctly and challenge any errors. Problems with witness credibility or inconsistencies can lead to doubts about the case against you. Here’s how this process works:

• Witness Credibility: Your lawyer will investigate the background of witnesses to find any reasons they might not be telling the truth or might be biased.
• Inconsistencies: If there are inconsistencies in the witness statements or between the statements and the police report, your lawyer will highlight these to weaken the prosecution’s case.
• Motive to Lie: Sometimes, witnesses might have a motive to lie. Your lawyer will look for any personal relationships or other reasons why a witness might not be truthful.

Comparing Reports with Video Evidence

Most incidents are recorded on security cameras or by witnesses. Your lawyer will compare the officer’s report with the video footage to find discrepancies. If the officer’s account doesn’t match the video, it can weaken the case against you. This step involves:

• Video Footage: Analyzing any available video footage from security cameras, body cams, or bystanders to verify what actually happened.
• Discrepancies: Highlighting any discrepancies between the video evidence and the police or witness reports.
• Context: Providing context to the actions seen in the video to show they might have been misinterpreted or taken out of context.

Examples of How a Fort Worth Assault Lawyer Can Help

Here are some real-life examples of how Norris Legal Group helped clients in assault/self-defense cases:

Case 1: High-Profile Self-Defense Murder Trial

In 2023, Norris Legal Group founder Graham Norris represented Michael Miller in a high-profile murder trial. Miller was accused of shooting Aaron Howard. Graham argued that Miller acted in self-defense to protect his father from an aggressive attacker.

He emphasized the critical moments leading up to the incident and successfully demonstrated that Miller’s actions were justified. The jury acquitted Miller of all charges, highlighting how an experienced Texas assault/self-defense lawyer can shift the narrative and focus on self-defense.

Case 2: Family Violence Case Dismissed

In a recent assault case, our client Deonte was accused of misdemeanor assault family violence by his scorned ex-wife. With potential jail time and a permanent criminal record on the line, Graham gathered evidence including phone data that showed the ex-wife had fabricated the accusation. After proving what really happened, Graham got the case dismissed completely. 

Case 3: Custodial Dispute Shooting

In another significant case, Graham defended Adan Zaragoza, who faced life in prison for murder after a shooting during a custodial dispute. Graham argued that Zaragoza acted in self-defense under Texas’s Castle Doctrine.

He successfully convinced the jury that Zaragoza’s actions were legally protected, resulting in only five years of probation on a lesser charge instead of a potential life sentence on a murder charge.

These case studies show how a lawyer’s expertise can make a significant difference in the outcome of your case.

Why Choose Norris Legal Group as Your Fort Worth Assault Lawyer?

Choosing the right lawyer is essential when facing an assault or self-defense charge. Here’s why Norris Legal Group stands out:

• Personalized Approach: We treat every client with dignity and respect, understanding that good people can make mistakes.
• Comprehensive Defense Strategy: Our team combines legal expertise with personal support, gathering character references and building a strategy designed to win in court.
• Detailed Case Review: We thoroughly review all evidence, including police reports and video footage, to build a strong defense.
• Aggressive Representation: We fight hard for our clients in court, challenging any inconsistencies or procedural errors.
• Support Throughout the Process: We are available to answer your questions and guide you through each step, ensuring you understand what’s happening and what to expect.
• Proven Success: We have a strong track record of achieving favorable outcomes for our clients.

Facing Assault Charges? Now Is the Time to Act: Contact Norris Legal Group

If you’ve been charged with assault or need to defend yourself, you need to act quickly. Every hour you delay may mean lost evidence and missed opportunities to intervene in the case before it impacts your life.

Contact Norris Legal Group today for a free consultation. Our team is here to help you navigate this difficult time. You matter. Your defense starts NOW.