San Antonio Assault Lawyer

Assault is a serious charge in San Antonio. In Texas, Assault does not have to include serious injury. 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. 

Assault Consequences in San Antonio

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. 

  • How long do you go to jail for assault in San Antonio?Most people face up to 1 year in jail. A first-time charge for Assault – Bodily Injury (ABI) in San Antonio 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.

  • What is simple assault in San Antonio?A physical interaction without bodily injury or pain is a Class C Misdemeanor in San Antonio. This is punishable by 0 days in jail and a fine of up to $500.00.

Domestic Violence consequences in San Antonio

Assault cases involving people with familial relations, past or present dating relationships, and spouses are very common in Bexar county. 

  • What Are 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.

    Domestic violence charges are not eligible to be sealed if dismissed after probation. They are also enhanceable, and can turn into felony charges very quickly.
  • Is slapping someone assault in Texas?Yes. Slapping someone is a criminal act in San Antonio as it is elsewhere in Texas. It’s punishable by up to 1 year in jail, and can result in a permanent criminal conviction.

How can assault charges be dropped before court?

Assault charges are not dropped before court in San Antonio. The Texas legislature has created a provision for speciality courts to deal with issues like domestic violence. In Bexar county, the specialty court dealing with domestic violence at the misdemeanor level is Bexar County Court 4. 

The Bexar County District Attorney’s Office, not the victim, determines whether the case will be prosecuted. Because of the severity of domestic violence, assault cases regularly proceed in San Antonioeven in circumstances where  the victim is uncooperative. 

  • What is an Affidavit of Non-Prosecution in Texas?An Affidavit of Non-Prosecution (ANP) is a sworn statement the complainant in an Assault case can file with Bexar County Court 4 or the Bexar County District Attorney’s Office requesting a domestic violence or Assault Bodily Injury – Married or Assault Bodily Injury – Family, be dropped and dismissed.
  • Does Domestic Violence Stay on Your Record?Domestic Violence charges, even if dismissed after 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 nondisclosure.

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. 


Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

San Antonio Assault Lawyer

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    Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



    Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



    Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


    DWI 2nd

    Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



    Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



    Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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    The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

    If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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