Can a violent crime charge be dismissed in Austin?

Yes, a violent crime charge can be dismissed, but dismissal depends on the facts, evidence, and circumstances of the case. A defense attorney may examine witness accounts, video footage, medical evidence, 911 calls, police reports, self-defense issues, and whether prosecutors can prove every required element of the offense.

Can I claim self-defense against an assault charge in Texas?

Texas law allows the use of force in certain circumstances when a person reasonably believes force is immediately necessary to protect against another person's use or attempted use of unlawful force. Whether self-defense applies depends on what happened before and during the confrontation and the requirements of Texas law.

Is a first assault offense a felony in Texas?

Not necessarily. Assault causing bodily injury is ordinarily a Class A misdemeanor, but an assault can become a felony depending on factors such as the alleged victim, the defendant's criminal history, the nature of the relationship between the parties, and other circumstances specified by Texas law.

What makes assault aggravated assault in Texas?

Under Texas Penal Code § 22.02, an assault can become aggravated assault when the accused causes serious bodily injury or uses or exhibits a deadly weapon during the assault. Aggravated assault is typically a second-degree felony, although specified circumstances can increase it to a first-degree felony.

What qualifies as a deadly weapon in Texas?

Texas law defines a deadly weapon to include a firearm or anything manifestly designed, made, or adapted for inflicting death or serious bodily injury. An object can also qualify based on how it was used or intended to be used if it was capable of causing death or serious bodily injury.

Can I contact the alleged victim after an assault arrest?

Be cautious about contacting an alleged victim after an arrest. A protective order, emergency protective order, or bond condition may prohibit or restrict contact. Even when contact isn't expressly prohibited, calls, texts, social media messages, and other communications could potentially become evidence in the criminal case.

What evidence can be important in an Austin violent crime case?

Important evidence may include body-camera footage, surveillance video, cellphone recordings, photographs, medical records, 911 calls, dispatch records, witness statements, text messages, social media communications, and physical or forensic evidence. Evidence showing what happened before the confrontation can also be important when self-defense is an issue.

What is the difference between robbery and aggravated robbery in Texas?

Robbery under Texas Penal Code § 29.02 involves theft combined with bodily injury or threatening or placing another person in fear of imminent bodily injury or death. Aggravated robbery under § 29.03 involves additional circumstances such as serious bodily injury, use or exhibition of a deadly weapon, or certain offenses involving elderly or disabled people.

How long does a violent crime case take in Travis County?

There is no single timeline for a violent crime case in Travis County. The length of a case can depend on whether it is a misdemeanor or felony, the amount of evidence involved, discovery, forensic or medical evidence, motions, negotiations, court schedules, and whether the case is ultimately prepared for trial.

Austin Violent Crimes Lawyer | Michael & Associates

Being accused of a violent crime in Austin can put your freedom, career, reputation, and relationships at risk. Depending on the allegation, you could face anything from a misdemeanor assault charge to a serious felony carrying years or even decades in prison.

These cases can also be more complicated than they initially appear. A physical confrontation may involve conflicting accounts about who started it, whether someone acted in self-defense, whether an injury was actually caused, or whether an object legally qualifies as a deadly weapon. Video, photographs, medical records, text messages, witness statements, and 911 calls can all become important evidence.

Prosecutors still have to prove every element of the charged offense beyond a reasonable doubt. If you've been arrested or are under investigation for a violent offense in Austin, an experienced defense attorney can examine what happened, preserve evidence, and identify weaknesses or inconsistencies in the prosecution's case.

Austin Violent Crimes Lawyer

Michael & Associates Criminal Defense Attorneys represents people accused of violent crimes throughout Austin and Travis County, including assault, aggravated assault, robbery, deadly conduct, unlawful restraint, and terroristic threat allegations.

Every client works directly with an experienced Austin defense attorney. We don't hand your case off to a junior associate.

Dan Dworin is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Austin managing attorney James Fletcher has earned the ACS-CHAL Lawyer-Scientist designation, advanced training that can be particularly useful when a case involves forensic or scientific evidence. Dax Garvin brings the perspective of a former law enforcement officer to the defense team.

Our Austin lawyers are also backed by a larger criminal defense team with extensive courtroom, law enforcement, and forensic experience. Across the firm, our attorneys have handled more than 1,000 jury trials. Michael & Associates was also named the Best Law Firm winner in the 2026 Best of ATX Awards.

Our attorneys can review police reports, body-camera footage, witness statements, surveillance video, medical evidence, photographs, weapons evidence, phone records, and other information surrounding an accusation. We can also examine whether self-defense, defense of another person, mistaken identification, conflicting witness accounts, or other issues may be relevant.

Assault Charges in Texas

Texas Penal Code § 22.01 covers several forms of assault. The specific charge and potential punishment depend on the alleged conduct, whether bodily injury occurred, the identity of the alleged victim, the defendant's criminal history, and other circumstances.

A person can be accused of assault for intentionally, knowingly, or recklessly causing bodily injury to another person. This form of assault is ordinarily a Class A misdemeanor, although the statute can elevate the offense to a felony under certain circumstances.

Texas law also covers intentionally or knowingly threatening another person with imminent bodily injury. Another form of assault involves intentionally or knowingly causing physical contact with another person when the accused knows or reasonably should believe the other person will regard the contact as offensive or provocative.

Assault allegations involving a spouse, dating partner, family member, or household member can also raise separate family-violence issues, including protective orders and potential firearm restrictions.

Because the statute covers so many different types of conduct, two people accused of "assault" can face substantially different charges and consequences.

Aggravated Assault in Texas

Under Texas Penal Code § 22.02, an assault can become aggravated assault when the accused causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of an assault.

Texas law defines serious bodily injury as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

Aggravated assault is typically a second-degree felony, but circumstances specified by Texas law can increase the offense to a first-degree felony.

The distinction between ordinary assault and aggravated assault can therefore depend heavily on medical evidence, the nature and extent of the alleged injury, and whether an object allegedly used during the incident legally qualifies as a deadly weapon.

Other Violent Crime Charges in Austin

Deadly conduct: Texas Penal Code § 22.05 prohibits recklessly engaging in conduct that places another person in imminent danger of serious bodily injury. The statute also addresses knowingly discharging a firearm at or in the direction of people, vehicles, or buildings under specified circumstances. Depending on the alleged conduct, deadly conduct can be charged as a misdemeanor or felony.
Unlawful restraint: Texas Penal Code § 20.02 applies when someone intentionally or knowingly restrains another person. The classification of the offense can increase based on factors including the age of the alleged victim and whether the person was recklessly exposed to a substantial risk of serious bodily injury.
Terroristic threat: Texas Penal Code § 22.07 addresses threats to commit an offense involving violence to a person or property when made with one of the intentions specified by the statute. The potential charge depends on the purpose of the alleged threat, the person targeted, and other circumstances.
Robbery: Under Texas Penal Code § 29.02, robbery involves committing theft and, with the intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causing bodily injury to another person or intentionally or knowingly threatening or placing another person in fear of imminent bodily injury or death. Robbery is a second-degree felony.
Aggravated robbery: Texas Penal Code § 29.03 can elevate robbery to aggravated robbery when the accused causes serious bodily injury, uses or exhibits a deadly weapon, or commits robbery against certain elderly or disabled people under circumstances identified by the statute. Aggravated robbery is a first-degree felony.

Defending a Violent Crime Charge in Austin

Violent crime cases often hinge on what happened during a short, chaotic encounter. Police may arrive after the confrontation is over and initially rely on conflicting accounts from the people involved.

Depending on the circumstances, a defense attorney may examine:

Body-camera and dash-camera footage
Surveillance or cellphone video
911 calls and dispatch records
Witness statements
Photographs of injuries or the scene
Medical records
Text messages and social media communications
Physical or forensic evidence
Whether the accused acted in self-defense or defense of another person
Whether witness accounts changed over time
Whether prosecutors can prove the required intent
Whether an alleged weapon meets the legal definition of a deadly weapon

Texas law recognizes circumstances in which force, and in some cases deadly force, may be justified. Whether self-defense or another justification applies depends on the facts of the individual case.

Penalties for Violent Crimes in Texas

The possible punishment depends on the classification of the offense and whether enhancement provisions apply.

First-degree felony: Five to 99 years or life in prison and a fine of up to $10,000
Second-degree felony: Two to 20 years in prison and a fine of up to $10,000
Third-degree felony: Two to 10 years in prison and a fine of up to $10,000
State jail felony: 180 days to two years in a state jail and a fine of up to $10,000
Class A misdemeanor: Up to one year in jail and a fine of up to $4,000
Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000
Class C misdemeanor: A fine of up to $500

Those punishment ranges don't necessarily tell the whole story. A violent-offense conviction can also affect employment, professional licensing, firearm rights, immigration status, housing, and other areas of a person's life depending on the offense and individual circumstances.

What Should I Do After a Violent Crime Arrest in Austin?

Avoid contacting an alleged victim or witness to try to explain what happened, particularly if a protective order or bond condition restricts contact. Messages, calls, social media posts, photographs, and other communications created after an arrest can potentially become evidence.

Preserve anything that may help document what happened, including photographs, messages, video, witness information, and relevant electronic records.

An attorney can also determine whether surveillance footage, 911 recordings, body-camera video, medical records, or other evidence should be requested or preserved before it becomes unavailable.

Real Violent Crime Charge Case Outcomes in Travis County

Aggravated Robbery: Travis County
Court: 167th District Court in Travis County
Outcome: 10 years of deferred adjudication probation
Time to resolution: Approximately six months

The client faced a first-degree felony aggravated robbery with a deadly weapon in Travis County. The allegations involved pistol-whipping the complainant during a robbery, attempted use of duct tape, and theft of drugs and money. The complainant suffered significant injuries requiring stitches and staples and identified the client as someone he had known for years. The client had no prior criminal history. The case was resolved with 10 years of deferred adjudication probation rather than a prison sentence.

Terroristic Threat: Travis County
Court: Pre-file investigation in Travis County
Outcome: Dismissed
Time to resolution: Approximately two years and five months

The client faced a terroristic threat allegation in Travis County. The matter remained in the pre-file investigation stage without a formal case number. The case was ultimately dismissed, and the client avoided jail and trial.

Unlawful Restraint: Travis County
Court: County Court at Law #5 in Travis County
Outcome: Dismissed
Time to resolution: Approximately 15 months

The client faced an unlawful restraint charge following an incident involving his fiancée at their home. Both parties told police they did not want to pursue charges, although a protective order was issued following the incident. The case was ultimately dismissed, and the client avoided jail and trial.

Deadly Conduct: Travis County
Court: Travis County
Outcome: Dismissed
Time to resolution: Approximately eight months

The client faced a misdemeanor deadly conduct charge after using the scope of a varmint gun to view the license plate of a suspicious vehicle while working on his property. According to the client, the weapon was unloaded. The defense provided mitigating information, including photographs documenting illegal dumping in the area. After the client completed 10 hours of community service and agreed to forfeit the weapon, the charge was dismissed.

Note: Past results don’t guarantee future outcomes

Austin Reentry and Support Resources

Criminal charges can create problems that extend beyond the courtroom. These Austin-area organizations provide reentry, housing, employment, recovery, and other support for people affected by incarceration or involvement in the criminal justice system.

Building Promise USA: Austin nonprofit providing peer-led reentry support for people affected by incarceration, including help navigating employment, housing, and other barriers to successful reintegration. It's also listed by the Austin/Travis County Reentry Roundtable among local reentry providers.
A New Entry, Inc.: Austin nonprofit providing reentry, recovery, transitional housing, behavioral-health and related support for people rebuilding their lives after incarceration, addiction or homelessness.
Austin/Travis County Reentry Roundtable: A nonprofit collaborative specifically focused on successful reentry and reintegration for formerly incarcerated and justice-involved people in Austin and Travis County. Its resource network includes employment, housing, counseling, anger management, cognitive behavioral therapy, substance-use treatment, peer mentoring, and violence-prevention services.

Austin Criminal Defense for Violent Crime Charges

A violent crime allegation can develop from a confrontation that lasted only seconds, but the consequences can follow you for years. The prosecution's version of what happened is not necessarily the only evidence that matters.

Michael & Associates Criminal Defense Attorneys represents people accused of assault, aggravated assault, robbery, deadly conduct, unlawful restraint, terroristic threats, and other violent offenses throughout Austin and Travis County.

Our attorneys investigate the circumstances surrounding the accusation, examine the prosecution's evidence, and prepare cases with trial in mind. Every client works directly with an experienced defense attorney and has the support of a larger criminal defense team.

We represent clients throughout Austin and surrounding communities, including Pflugerville, Round Rock, Cedar Park, Lakeway, Bee Cave, West Lake Hills, Rollingwood, Sunset Valley, and Lago Vista. If you've been arrested or learned that you're under investigation for a violent crime, contact Michael & Associates for a confidential consultation.