Texas Assault Lawyer

Assault is dangerous. While all acts of physical violence are dangerous, in Texas, Assault charges can be based solely on a verbal allegation. Physical evidence is not required, and often absent. This creates a dangerous situation for the accused. 

Over the course of his career, Trey Porter has defended the rights of individuals facing everything from Assault Bodily Injury to Aggravated Sexual Assault. While every case is different, the goal is always the same: obtain a dismissal.

Assault Consequences in Texas

Assault charges range the full spectrum of punishment found in the Texas Penal Code, from a Class C Misdemeanor, punishable by 0 days in jail, to a First Degree Felony, punishable by 99 years in prison.

• What are the consequences of a simple assault with no injury? In Texas, Class C Misdemeanor Assault charges, like Assault by Threat or Assault by Offensive Contact, are punishable by up to a $500.00 fine, court-ordered classes, community service, and a permanent criminal conviction. 
• What are the consequences for assault bodily injury? A first-time charge for Assault Bodily Injury (ABI) in Texas is a Class A Misdemeanor unless enhanced by aggravating factors. First-time offenders face up to one year in jail, a permanent criminal conviction, and thousands of dollars in fines.

Domestic Violence Consequences in Texas

Assault Bodily Injury cases involving a family member or individuals in a dating relationship are very common in Texas. In Texas, for example, there are two Bexar County Courts dedicated exclusively to the resolution of these matters. 

• What are the consequences for ABI Family Violence? Assault Bodily Injury-Family and Assault Bodily Injury-Married are both Class A Misdemeanors unless enhanced by certain factors. First-time offenders face up to one year in jail, a permanent criminal conviction, thousands of dollars in fines, and unique collateral consequences.
• Can I still own guns if charged with Assault Family Violence? No. Federal law prohibits anyone convicted of domestic violence from owning, possessing, or transferring firearms or ammunition. It’s important to note, for the purposes of gun rights, the law considers charges that were dismissed through Deferred Adjudication the same as convictions. Anything other than dismissal will result in the loss of Second Amendment rights.

How Can Victim Get Assault Charges Dropped? 

It is difficult to convince the State to drop any criminal charge. Assault cases are more difficult because they involve the allegation that someone was physically harmed. The District or County Attorney, not the victim, determines whether the case will be prosecuted. Many District and County Attorney’s Offices have a No Drop policy and regularly proceed with prosecution even when the victim is uncooperative. 

• What is an Affidavit of Non-Prosecution? An Affidavit of Non-Prosecution (ANP) is a sworn statement the complainant in an Assault case can file with the District or County Attorney requesting dismissal. An ANP by itself will not magically dismiss the case. However, it can play a strategic role in the larger defense strategy.
• Does domestic violence stay on your record? Domestic Violence charges, even if dismissed through Deferred Adjudication, remain permanently on an individual’s criminal record. Assault charges involving family violence are not eligible to be sealed through a petition for Non-Disclosure.
  
  The only way to remove a domestic violence charge from the record is to delete the entire incident through an Expunction. This is why it’s critical to fight for dismissal in every domestic violence case. Learn more.