Assault in Texas can be loosely defined. It might refer to a violent crime that caused someone bodily harm. It can also refer to making a verbal threat, waving a baseball bat, or even throwing hot water at someone.

Most assault cases aren’t black and white. Someone will probably be arrested, and that someone could be you. But an arrest doesn’t necessarily mean you were at fault. There are two sides to each story. 

It may even take weeks for an arrest to happen, long after any bodycam recordings of the incident have been erased. In most cases, it’s your word vs. someone else’s.

If you’ve been charged with assault, it’s important to take action to protect yourself. It’s never too early to start building a solid defense, and you need the best possible attorney to represent you.

At Michael & Associates, we believe that each and every client deserves a “zealous advocate.” 

We deal with the Austin court system every day. We know the judges and prosecutors. We will leverage our experience to help you fight the allegations against you. This means investigating the details of your assault case, carefully reviewing police reports and video footage, negotiating with prosecutors, and (if it’s a family violence case) obtaining an Affidavit of Non-Prosecution. This is a sworn statement by the victim stating that they do not want the defendant to be prosecuted and they want all charges to be dismissed.

You are our No. 1 priority, and our top goal is always a dismissal. 

Have You Been Charged with Assault in the Austin Area?

Criminal charges are always serious. You need the best possible criminal defense attorney in the Austin area. And there are also some actions you can take immediately to protect yourself.

Take notes and record as many interactions as possible.

• Document all injuries and seek medical treatment if needed
• Save all emails, voicemails, and texts
• Write down details of the altercation
• Gather contact information for any witnesses
• Refuse to answer police questions

Remember that the policeman is not your friend. They are trained to use psychological manipulation to get you to provide information that could be used to incriminate you.

Most importantly, contact us immediately. We’re available 24/7 and are here to help. The Austin area isn’t limited to Travis County. We can also help clients in Bastrop, Caldwell, Hays, and Williamson counties.

8 Common Assault Charges in Austin

Assault in Texas can be wide-ranging. The incidents can be as minor as throwing a hamburger at someone or as serious as an assault with a deadly weapon that can land you in prison for life.

1. Family Violence (or Domestic Assault)

The Texas Family Code, Chapter 71.004, defines family violence as acts by one member of a family or household against another member of the family or household with the intent of physical harm, bodily injury, assault, or sexual assault, or fear that physical harm is imminent.

This does not include defensive measures to protect oneself. The law also excludes reasonable forms of child discipline.

The stakes are very high with any report of family violence.

When police are called to the scene, it’s almost certain that someone will be arrested. This is true even if police were simply called to defuse an argument, and even if the person who called the police doesn’t want to press charges. If that happens, we can help you by obtaining an Affidavit of Non-Prosecution.

According to the Texas Department of Public Safety, family violence was the second most common crime across Texas in 2022, behind only “Larceny/Theft,” and it is by far the most common assault charge we see.

It’s worth noting that if you plead guilty to family violence charges, it will remain on your criminal record for life. You will not be able to get it expunged. That’s why it’s crucial that you have the best possible lawyer to help you fight the charges. 

Penalties: These can vary widely depending on the nature of the offense: These can vary widely depending on the severity of the offense.

• Basic family assault is typically a misdemeanor punishable by up to one year in jail and a $4,000 fine.
• If an offender has prior family violence convictions or if the incident involves choking or strangulation, it can be elevated to a third-degree felony punishable by up to 10 years in prison and a $10,000 fine.
• In cases involving repeated incidents of family violence or severe injury, the charge may be elevated to a second-degree felony punishable by up to 20 years in prison and a $10,000 fine.

Here are the outcomes of family assault cases in Austin in 2023:

Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/

2. Assault

Texas has a very broad definition of assault. Some offenses are more clear-cut than others. Shoving a person down and kicking them is an obvious example, but you can be charged with assault without any physical contact at all. 

For example, these are some actual incidents that resulted in assault charges:

• Spitting on another person
• Using a frozen armadillo as a weapon
• An accident involving an emotional support squirrel monkey

Penalties: Assaults are typically Class C, B and A misdemeanors, punishable with a fine of up to $4,000 and a year in jail. The charge will depend on the severity of the incident, and several factors can escalate a simple assault to a more serious charge.

Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/

3. Assault by Threat (or Verbal Assault)

When a person intentionally threatens another person with bodily injury and creates a genuine fear of imminent harm, it’s classified as Assault by Threat and considered a form of assault, even if no physical assault takes place.

Penalties: These are typically categorized as Class C misdemeanors. However, they can be elevated to a felony if specific individuals are targeted. 

4. Assault Against a Public Servant

More serious than a simple assault, assaulting a public servant involves committing an assault while they are lawfully discharging an official duty or in retaliation for performing an official duty. Public servants include law enforcement officers, firefighters, emergency medical services personnel, or any government employee performing an official duty.

Penalties: This is classified as a third-degree felony, which carries a maximum of 10 years in prison and a fine of up to $10,000.

5. Aggravated Assault

Aggravated assault charges are more severe. They typically involve serious bodily injury to another person or the use or doing anything that would put a reasonable person in fear of bodily harm. 

Across Texas, there were more than 90,000 arrests for aggravated assault in 2022, according to crime statistics from the Texas Department of Public Safety. It was the fifth-most common offense that year.

Penalties: Aggravated assault is typically classified as a second-degree felony, which can result in a maximum prison sentence of 20 years and a fine of up to $10,000. Under some circumstances, aggravated assault can be elevated to a first-degree felony, which can result in a 99-year maximum prison sentence.

Here are the outcomes of aggravated assault and attempted murder cases in Travis County in 2023:

Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/

6. Aggravated Assault with a Deadly Weapon

This is a form of aggravated assault. It involves committing an assault while using or exhibiting a deadly weapon. Texas defines a “deadly weapon” as a firearm or anything capable of causing death or serious bodily injury.

You don’t need to actually use the weapon during the altercation. Simply showing that you’re carrying a gun is enough to meet the legal threshold.

Penalties: This is typically classified as a second-degree felony with a maximum of 20 years in prison and a fine of up to $10,000.

READ MORE: Aggravated assault with a deadly weapon

7. Sexual Assault

Sexual assault, commonly referred to as rape, involves sexual activity without the consent of both parties. There were more than 14,000 rape arrests in Texas in 2022; 638 were in Austin.

Consent is a key factor. In Texas, a lack of consent may occur through:

• Physical force or violence
• Incapacitation
• Mental defect or disease
• Coercion or threat
• Authority or power

Penalties: This is classified as a second-degree felony, punishable by up to 20 years in prison and a $10,000 fine.

Here are the outcomes of sex assault cases in the Austin area in 2023:

Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/

8. Aggravated Sexual Assault

Aggravated sexual assault includes all the elements of sexual assault but with additional aggravating factors, such as:

• Causing serious injury or death
• Use of a deadly weapon
• Threatening death, serious injury, or kidnapping
• Victim’s age
• Administration of drugs

Penalties: This is classified as a first-degree felony, punishable by a maximum sentence of life in prison and a $10,000 fine.

What is a Protective Order?

A protective order is a legal injunction issued by a court to protect individuals from family abuse, domestic violence, stalking, human trafficking, and other forms of harassment. They’re typically issued when an incident involves a family member, partner, or household member and often restrict the actions of the person accused of committing the offense.

Protective orders can be criminal or civil. Criminal protective orders are usually initiated by law enforcement or prosecutors during criminal proceedings, while civil protective orders are initiated by the victim or petitioner.

A protective order is different from a restraining order. Restraining orders are based on broader harassment or threat laws and can be used in situations that involve neighbors, co-workers, or other non-domestic relationships.

Protective orders typically include specific provisions addressing domestic situations, such as child custody or eviction from a shared home, which may not be present in restraining orders.

Protective orders can include a variety of provisions to enhance the victim’s safety. They can:

• Prohibit the respondent from contacting the victim in any form
• Require the respondent to stay a certain distance away from the victim’s home, workplace, school, or other specified locations
• Require the respondent to move out of a shared residence
• Place limitations or conditions on child custody and visitation arrangements
• Prohibit the respondent from possessing or purchasing firearms

Homeownership will not necessarily make a difference when implementing these safety measures.  We have had clients who were the sole homeowners be evicted and forced to live in their cars.

Potential Defense Strategies for Assault Charges in Austin

When facing any type of assault charge, you are innocent unless proven guilty. This means that guilt has to be established beyond a reasonable doubt. We will leverage any weaknesses in the case against you to cast doubt on the prosecution’s claims, including: 

• Procuring an Affidavit of Non-Prosecution
• Reviewing bodycam footage
• Questioning the prosecution’s proof of offense
• Were the allegations against you false? 
• It is a case of mistaken identity?
• Is the testimony against you inconsistent?
• Establishing an alibi
• Challenging DNA evidence
• Assessing your mental state and capacity
• Were your actions in defense of others?
• Were you acting in self-defense?

Assault vs. Battery

In Texas, assault and battery are technically the same thing. Assault typically refers to a threat of harm, while battery refers to the actual act of harming someone, but Texas law combines them into a single statute under Section 22.01 of the Texas Penal Code.

(a) A person commits an offense if the person:

1. intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
2. intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
3. intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

The Texas Legislature constantly updates assault laws, usually to enhance penalties. Since 2017, nine bills have allowed the state to enhance penalties when incidents involve specific victims. 

In 2023, two new enhancements were passed aimed at preventing:

• Assaults against hospital workers
• Assaults that take place when attempting human smuggling

Meet Your Austin Defense Team

Ben Michael

Ben is the founder and Managing Partner of Michael & Associates. Born and raised in Austin, Texas, he has over a decade of experience in criminal defense.

He has successfully defended hundreds of clients and handled all sorts of legal issues, including DWI, assault, domestic violence, sex crimes, expungement cases, and felony cases.

He started Michael & Associates to zealously advocate for those in the Austin area who face criminal charges.

Joseph Deeb

Joseph spent over 10 years as a prosecutor in Austin, so he knows the local criminal justice system. He has substantial jury trial experience with blood and breath DWIs.

James Fletcher

Born and raised in Houston, James is one of a handful of lawyers to achieve the designation of Lawyer-Scientist through the American Chemical Society. He earned this designation by attending Chicago’s prestigious Axion forensic training laboratory. He has tried and won DWI trials across Texas. 

Andromeda Vega Rubio

Andromeda was born and raised in Frankfurt, Germany.  A native Spanish and German speaker, she began her career at the Williamson County Attorney’s Office, where she worked her way up to a trial prosecutor before deciding in 2021 to follow her true passion: criminal defense. 

Nathan Ossowski

Born and raised in the heart of the Golden State, Nathan has diligently worked to provide unwavering support to Texans facing legal challenges since passing the Texas Bar in 2016.

Matthew Pospicil

Matthew’s remarkable track record of success and unwavering dedication have cemented his reputation as an exceptional advocate for his clients. He has extensive experience in parole and prison law and has fine-tuned his advocacy skills. He joined Michael & Associates in April 2024. 

More Commonly Asked Questions About Assault in Austin

How Much Jail Time Will I Serve If I’m Convicted of Assault?

This can vary wildly depending on the nature and severity of the charges. Some misdemeanors involve no jail time, while the most serious charges can involve a maximum sentence of life in prison.

What is Vehicular Assault in Texas?

While “Vehicular Assault” is a criminal charge in some states, it is not a criminal charge in Texas. Instead, using a vehicle as an assault weapon can typically result in the following felony charges, depending on the circumstances.

• Intoxication assault
• Aggravated assault
• Criminally negligent homicide
• Vehicular manslaughter

How Many Assault Cases Go to Trial in Austin?

Court data from traviscountytx.gov indicates that only about .29% of assault cases go before a jury in Travis County. This is lower than elsewhere in Texas, where about 1.1% of cases go to trial in Dallas, Tarrant, and Bexar counties, and about .56% of cases in Harris County make it to trial. Most assault cases that don’t involve a plea of guilty or no contest end up being dismissed, or the defendant is awarded deferred adjudication.

At Michael & Associates, fewer than 1% of our assault cases in the Austin area go to trial. 

Client Testimonials 

Mr. Michael was more than just a superb attorney for me. He enabled me to come out of a very ugly place I was in and helped me to regain my dignity. I cannot recommend him enough. Thank you, Ben, for everything.

500 W 2nd St Suite 1900

Austin, TX 78701

Phone: (512) 488-5775

We have offices across Texas and are ready to help 24 hours a day.

Michael & Associates serves clients throughout the greater Austin area, including Bee Cave, Buda, Cedar Park, Dripping Springs, Elgin, Hays, Jonestown, Kyle, Lakeway, Leander, Lockhart, Luling, Martindale, Mountain City, Pflugerville, Round Rock, San Marcos, Smithville, Uhland, and Wimberley.