Are you facing assault charges in the Austin area? Let our team craft a customized defense strategy to get you the best possible outcome. Our #1 goal is a dismissal!

When tempers flare, a simple disagreement can quickly escalate. Next thing you know, you could be facing criminal charges. If you’ve been charged with assault in Texas, your rights, freedom, and future are on the line. You need a dedicated legal team with experience in assault cases and a reputation for getting results. Our team at Michael & Associates is here to help. Our team of experienced assault attorneys is available 24/7 to provide the aggressive defense you need.

Assault charges in Texas are serious. Prosecutors will use every available resource they have. Fighting back is essential. We defend clients across Travis County and the surrounding areas, including Williamson, Hays, Bastrop, Bell, Blanco, Burleson, Burnet, Caldwell, Coryell, Lampasas, Llano, McLennan, and Milam.

Types of Assault Charges We Defend in Austin

People tend to think of assault as violent acts. However, that’s not always the case. In Texas, some forms of assault don’t even include physical harm. Austin-area assault cases have involved throwing Pop-Tarts at a store employee and spitting on another person.

Our team has deep experience handling all categories of Texas assault charges:

Simple Assault

The definition of simple assault can be extremely broad. Even threatening to harm someone can be enough for criminal charges. This can include:

• Causing bodily injury
• Threatening to injure another person
• Provoking physical contact

About 68% of assault cases in Travis County in 2024 have been resolved. These are typically Class A misdemeanors with penalties including up to a year in jail and fines of as much as $4,000. Almost 31% were convicted.

Outcome	Percentage of case results
Dismissals	62%
Acquittals	.01%
Convictions	30.9%
Deferred adjudication	4%
Other outcomes	3%

Simple assault charges can be upgraded to felonies if the victim is a public servant, older person, or family member. Our team of assault defense attorneys will closely examine the facts and fight for a charge reduction or dismissal.

Aggravated Assault

Aggravated assault involves either:

• Serious bodily injury
• Use of a deadly weapon during the assault

Roughly 68% of aggravated assault cases in Travis County in 2024 have been resolved. These charges carry severe penalties, including two to 20 years in prison. Here are the case outcomes by percentage. About 32% were convicted.

Outcome	Percentage of case results
Dismissals	38%
Acquittals	.05%
Convictions	32%
Deferred adjudication	15%
Other outcomes	14.5%

Our firm will build a strong, evidence-based defense to protect your rights.

Domestic Violence

Domestic violence or family assault charges arise when you’re accused of harming a family or household member. Depending on the case and prior history, these charges range from misdemeanors to felonies. We understand that these cases involve complex dynamics. We provide legal defense and compassionate support.

Close to 80% of family assault cases in Travis County in 2024 have been resolved. Penalties vary based on the incident and any injuries. For first-time offenders, it’s typically considered a Class A misdemeanor with a maximum penalty of a year in jail and a fine of up to $4,000. Repeat offenders will face a third-degree felony charge and face a prison sentence of two to 10 years and a fine of up to $10,000. About 13% were convicted.

Outcome	Percentage of case results
Dismissals	76%
Acquittals	.1%
Convictions	13%
Deferred adjudication	3%
Other	7%

Sexual & Aggravated Sexual Assault

In Austin, sexual assault is a second-degree felony. If threats, injury, or weapons are involved, the charge could be elevated to aggravated sexual assault, a first-degree felony. The stakes are high in assault cases, not only due to the potential for serious legal consequences but also due to the potential for social stigma. Early legal intervention is critical. We’re experienced in defending clients against these serious allegations.

Close to 87% of the cases of sexual assault involving adults in Travis County in 2024 have been resolved. Depending on the severity of the charges, the maximum penalty can range from two to 99 years in prison and fines of up to $10,000. About 17% of defendants were convicted.

Outcome	Percentage of case results
Dismissals	36%
Acquittals	2%
Convictions	17%
Deferred adjudication	17%
Other	8%

Aggressive Defenses Against Assault Charges in Austin

An arrest never equals guilt. You’re innocent unless proven guilty. And many assault charges stem from misunderstandings, exaggerations, insufficient evidence, or even a desire for retribution. Our Austin team will explore every possible defense, which may include:

• Self-defense or defense of others
• Mutual combat
• Necessity or duress
• Mistaken identity
• Lack of intent or knowledge
• False accusations
• Insanity or mental health defenses

Every case is unique. We will develop a customized defense strategy designed to expose weaknesses in the prosecution’s case.

What to Do If You Are Arrested for Assault in Texas

If you’ve been arrested, it’s critical that you take immediate steps to protect yourself:

• Do not speak to law enforcement without a lawyer: Anything you say can be used against you.
• Exercise your constitutional right to remain silent
• Request an attorney immediately
• Avoid contact with the victim, even if they live in the same household
• Comply with all protective orders the court has issued
• Do not discuss your case with others, especially in jail where conversations are recorded.

Call Michael & Associates as soon as possible to begin your defense. We’re available 24/7.

Why Choose a Local Austin Assault Attorney?

Hiring a local defense attorney gives you a distinct advantage. Local experience matters. Our attorneys have deep roots in the Austin legal community and are committed to protecting the rights of our Central Texas neighbors. Our team has decades of experience and an established track record of success. All are known for their meticulous preparation and commitment to our clients.

We take pride in hiring attorneys with diverse skill sets. While all are tough criminal defense lawyers, our teammates have a wide array of legal experience. Our Austin team includes at least three former prosecutors. We also have a former judge and a former FBI agent. This wide range of experience helps us understand how the opposition will approach your case. We use this to develop a customized strategy.

At our firm, we:

• Understand Travis County court procedures and know the key personnel
• Have established relationships with prosecutors, judges, and court staff
• Offer easy in-person access for urgent meetings — we return calls and texts the same business day
• Are familiar with community-specific legal trends and jury dynamics

Start Building Your Defense Today

An assault charge can derail your life. Don’t face them alone. At Michael & Associates, we deliver aggressive, knowledgeable, client-forward, results-driven representation for individuals accused of assault throughout Austin and the surrounding areas.

Call us now for a free consultation.

Commonly Asked Questions About Assault

How is Rape Different from Sexual Assault?

While “rape” is a commonly used term, Section 22.011 of the Texas Penal Code consolidates various non-consensual sexual acts under the term “sexual assault.” This means there is no legal distinction between rape and sexual assault in Texas.

What’s the Difference Between Family Assault and Domestic Violence?

In Texas, “family assault” and “domestic violence” have one key difference. Domestic violence is a non-legal term commonly used to describe abuse that occurs in “family” or “dating” relationships. Family assault (or Assault – Family Violence under Texas Penal Code § 22.01) is the legal charge under Texas law that someone would face for allegations of domestic abuse.

A “family” or “dating” relationship Includes:

Current/former dating partners

Current/former spouses

Parents of the same child

Relatives by blood or marriage

Roommates

What’s the Difference Between Family Assault and Domestic Violence?

In Texas, “family assault” and “domestic violence” have one key difference. Domestic violence is a non-legal term commonly used to describe abuse that occurs in “family” or “dating” relationships. Family assault (or Assault – Family Violence under Texas Penal Code § 22.01) is the legal charge under Texas law that someone would face for allegations of domestic abuse.

A “family” or “dating” relationship Includes:

Current/former dating partners

Current/former spouses

Parents of the same child

Relatives by blood or marriage

Roommates

Where Can I Get Help if I’m Afraid a Family Member May Try to Assault Me?

If you’re in immediate danger in the Austin area, please call 911. If you need longer-term assistance, several organizations in the area provide assistance:

Hope Alliance (Serving the Round Rock area and Williamson County): 1-800-460-7233; www.hopealliancetx.org

Asian Family Support Services of Austin: 512-651-3743

Texas Advocacy Project: 1-800-374-4673; www.texasadvocacyproject.org

The SAFE Alliance: 512-267-7233; www.safeaustin.org/safeplace

Texas Crime Victim Resources: 512-472-4357

Texas Abuse Hotline: 1-800-252-5400; www.txabusehotline.org

National Domestic Violence Hotline: 1-800-799-SAFE (7233); www.thehotline.org

American Gateways (Free immigration help for battered women and children): 512-478-0546; www.americangateways.org

Caritas of Austin (Provides help for immigrants and refugees): 512-472-4135; http://www.caritasofaustin.org

University of Texas at Austin’s Counseling and Mental Health Center (Help for UT students): 512-471-2255; cmhc.utexas.edu/

Waterloo Counseling Center (Services for LGBTQ+ members and their families): 512-444-9922; www.waterloocounseling.org

Is Aggravated Assault a Felony in Texas?

Yes, aggravated assault is typically a second-degree felony. However, certain factors can elevate it to a first-degree felony with more severe penalties. These factors include 

However, specific circumstances elevate the offense to a first-degree felony, with more severe penalties of between 5 to 99 years or life in prison and a fine as high as $10,000. Factors that can lead to this enhancement include:

Firing a gun from a vehicle and causing serious bodily injury

Use of a deadly weapon and/or causing serious bodily injury to a family member

Assaulting a security officer, witness, or public servant

Causing traumatic injuries (for example, irreversible paralysis)

What Is Considered Battery in Texas?

In some states, “battery” is used to describe an act that causes bodily injury. However, in Texas, battery isn’t a separate criminal offense. Texas Penal Code § 22.01 classifies battery as assault.

What Are the Penalties for Simple Assault in Texas?

In Texas, simple assault refers to assault offenses that don’t involve a deadly weapon or a serious bodily injury. Penalties vary depending on the specifics of the case and the relationship between the defendant and the victim, and charges can range from a Class C misdemeanor with no jail time to a third-degree felony for enhanced charges that involve a public official, security officer, or emergency worker.

Can I Get My Assault Charge Expunged?

While it’s possible to have an assault charge expunged in Texas, the circumstances are very limited and depend on the specifics of the charge and the outcome of your case.

Expungement eligibility:

• The charges were dismissed with no plea deal or probation
• You were arrested but not formally charged
• You were acquitted in a trial

If any of these apply to you, you may be able to petition for an expunction to have the arrest and charges removed from your criminal history (so they won’t appear on background checks).

You aren’t eligible for expunction if:

• You were convicted
• You were sentenced to deferred adjudication

However, you may be eligible to petition for an Order of Nondisclosure, which doesn’t erase the records entirely, but instead shields them from the public. To be eligible to petition for Nondisclosure, the offense must not be of a violent or sexual nature, and you must have successfully completed deferred adjudication. Contact us for more information.

How Does Self-Defense Work in Assault Cases?

In Texas, self-defense is considered justification for use of force if specific conditions are met. If you were defending yourself, you may be able to avoid conviction entirely.

Texas Penal Code § 9.31 and § 9.32 says self-defense is legally justified if:

• You reasonably believed it was necessary to protect yourself
• The force you used was proportionate to the threat you were facing

Can Assault Charges Be Dropped?

Yes, it’s possible for assault charges to be dropped in Texas, but there’s no guarantee — even if the victim signs an “affidavit of non-prosecution.” Once charges have been filed, the prosecutor is the person who will make the final decision, not the victim.

What is Misdemeanor Battery in Texas?

The term “battery” is not used in the Texas Penal Code. The state classifies battery under “assault.” Simple assault charges range from a Class C misdemeanor for minor infractions (for example, threatening injury but not actually injuring anyone) to Class A misdemeanor for more serious incidents that don’t involve severe injuries (for example, pushing someone and causing a bruise.)

What Constitutes Misdemeanor Assault in Texas?

Texas Penal Code § 22.01 defines misdemeanor assault as an assault that doesn’t involve serious bodily injury or a deadly weapon. There are three main types of misdemeanor assault (ranging from a Class C misdemeanor to a Class A misdemeanor), based on the act and the victim.

When Does Assault Become a Felony in Texas

Most assaults are considered misdemeanors, but if an assault involves a deadly weapon or a serious bodily injury, it can be classified as a felony. Here’s a breakdown of some common situations and the criminal charge a defendant would face:

Situation	Criminal charge
Minor injury (first-time offender)	Class A misdemeanor
Assault with a prior record of domestic violence	Third-degree felony
Assault of a public servant	Third-degree felony
Assault that involves choking or strangulation	Third-degree felony
Aggravated assault (assault with a serious injury and/or involving a deadly weapon)	Second or first-degree felony

How Many Assault Cases go to Trial in Austin?

ourt 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. 

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.

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