Criminal Defense — Georgetown, Texas
Assault & Battery Defense Attorney
Aggressive defense against assault charges in Williamson County and throughout Central Texas.
Charged with Assault in Texas? The Stakes Are Higher Than You Think.
Texas assault charges range from a Class C misdemeanor — a ticket-level offense — all the way to a first-degree felony carrying up to 99 years in prison. The difference between those outcomes often comes down to the facts of the case, the relationship between the parties, and whether a weapon was involved. A charge that sounds minor can carry life-altering consequences.
At Mark Morales & Associates, we have defended clients against the full spectrum of assault charges in Williamson County and the surrounding courts. We know how local prosecutors build these cases, what evidence they rely on, and where the weaknesses are. Whether you are facing a misdemeanor assault allegation or a serious aggravated assault charge, we will build the strongest possible defense from day one.
Do not assume a first offense will resolve itself. Even a Class A misdemeanor assault conviction can cost you your job, your housing, your professional license, and your right to own a firearm. Call us before you say anything to law enforcement.
Texas Assault Charges We Defend
Under Texas Penal Code Chapter 22, assault is broadly defined as intentionally, knowingly, or recklessly causing bodily injury to another person — or threatening someone with imminent bodily injury — or causing physical contact that the victim would find offensive or provocative. The charge level depends on the severity of injury, the identity of the victim, and whether a weapon was used.
- Simple Assault — Class C Misdemeanor (threat or offensive contact, no injury)
- Assault Causing Bodily Injury — Class A Misdemeanor
- Assault Against a Family Member / Domestic Violence
- Assault Against a Public Servant, Security Officer, or Emergency Personnel
- Aggravated Assault — 2nd Degree Felony (serious bodily injury or deadly weapon)
- Aggravated Assault Against a Family Member — 1st Degree Felony
- Aggravated Assault with a Deadly Weapon
- Assault Strangulation / Impeding Breathing — 3rd Degree Felony
- Deadly Conduct — Reckless discharge of a firearm
- Terroristic Threat
Texas Assault Penalties at a Glance
Penalties vary widely based on charge level. Aggravating factors — prior convictions, victim identity, use of a weapon — can elevate a misdemeanor to a felony.
| Charge Level | Example | Potential Penalty |
|---|---|---|
| Class C Misdemeanor | Threat or offensive contact, no injury | Up to $500 fine; no jail time |
| Class B Misdemeanor | Assault against a sports participant | Up to 180 days jail; up to $2,000 fine |
| Class A Misdemeanor | Assault causing bodily injury | Up to 1 year jail; up to $4,000 fine |
| 3rd Degree Felony | Assault strangulation; assault on public servant | 2 – 10 years prison; up to $10,000 fine |
| 2nd Degree Felony | Aggravated assault (serious injury or deadly weapon) | 2 – 20 years prison; up to $10,000 fine |
| 1st Degree Felony | Agg. assault against family member; agg. assault by public servant | 5 – 99 years or life in prison; up to $10,000 fine |
Consequences Beyond the Sentence
A Texas assault conviction — even a misdemeanor — can follow you for life. Collateral consequences include: loss of the right to possess a firearm (federal law prohibits firearm possession after any domestic violence conviction, even a misdemeanor); difficulty passing background checks for employment, housing, and professional licenses; immigration consequences for non-citizens including deportation or inadmissibility; loss of child custody or visitation rights; mandatory protective orders that restrict where you can go and who you can contact; and a permanent criminal record that cannot be expunged if you are convicted.
How We Defend Assault Charges
Every assault case is different. Our defense strategy is built around the specific facts, the evidence, and the people involved. Common defenses we raise include:
Self-Defense
Texas law recognizes the right to use force — including deadly force in certain circumstances — to protect yourself or others. If you reasonably believed force was necessary to protect yourself from imminent harm, self-defense is a complete defense to assault charges. We investigate the full context of the incident, including the other party's history of violence.
Defense of Others
Just as you may defend yourself, Texas law permits the use of force to protect a third party from unlawful force. If you intervened to protect someone else, we will present that defense clearly and forcefully.
Lack of Intent
Many assault charges require proof that the defendant acted intentionally or knowingly. Accidental contact, misidentification, or a misunderstanding of the situation can negate the required mental state. We scrutinize the prosecution's evidence of intent.
Challenging Witness Credibility
Assault cases often come down to one person's word against another's. We investigate the complaining witness's background, prior statements, motive to fabricate, and relationship with the defendant. Inconsistencies in witness accounts can be decisive.
Insufficient Evidence
The prosecution must prove every element of the charge beyond a reasonable doubt. If the physical evidence is weak, the injuries are inconsistent with the allegations, or the only evidence is a disputed account, we challenge the sufficiency of the case at every stage.
Negotiating Reduced Charges or Deferred Adjudication
When the evidence is strong, we negotiate aggressively for reduced charges, deferred adjudication, or probation. For eligible first-time offenders, deferred adjudication can result in a dismissal and potential non-disclosure — keeping the charge off your permanent record.
Assault Charges Involving Family Members
Assault charges involving a family member, household member, or dating partner are treated differently under Texas law. A conviction — even for a Class A misdemeanor — results in a permanent family violence finding on your record that cannot be expunged or sealed. It also triggers a federal lifetime ban on firearm possession under the Lautenberg Amendment. Texas prosecutors pursue these cases aggressively, and many will not drop charges even if the complaining witness recants. If you are facing a family violence assault charge, contact us immediately.
Frequently Asked Questions
Can an assault charge be dropped if the victim doesn't want to press charges?
In Texas, the decision to prosecute belongs to the state — not the victim. Once a report is made and charges are filed, the prosecutor can proceed even if the complaining witness recants or refuses to cooperate. However, a victim's unwillingness to testify can significantly weaken the prosecution's case, and we use that to our advantage in negotiations and at trial.
What is the difference between assault and aggravated assault in Texas?
Simple assault involves causing bodily injury, threatening someone with imminent harm, or making offensive physical contact. Aggravated assault involves either serious bodily injury (injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss of a body part or organ) or the use or exhibition of a deadly weapon during the assault. Aggravated assault is always a felony.
Will I go to jail for a first-offense assault charge?
Not necessarily. Many first-offense assault cases — particularly Class A misdemeanors — can be resolved through deferred adjudication, probation, or a plea to a lesser charge that avoids jail time. The outcome depends heavily on the facts, the severity of any injuries, the relationship between the parties, and the strength of the defense. We fight to keep our clients out of jail and off the permanent record.
Can a Texas assault conviction be expunged?
A conviction cannot be expunged. However, if your case is dismissed — including after successful completion of deferred adjudication for certain offenses — you may be eligible for expunction or a non-disclosure order. This is why fighting the charge, or negotiating for deferred adjudication rather than a straight conviction, matters so much.
What should I do if I've been arrested for assault?
Do not make any statements to law enforcement without an attorney present. Anything you say will be used against you. Invoke your right to remain silent and your right to counsel immediately, then call us. The sooner we get involved, the more options we have to protect you.
Treated Like Family. Defended Like Family.
Our Georgetown, Texas office serves clients throughout Williamson, Travis, and Bell counties. Call now — your defense starts with a single phone call.