Assault in Texas is very broad. It could refer to a rape or other violent crime that caused someone bodily harm. It can also refer to making a verbal threat, waving a baseball bat, or even throwing a sandwich at someone.

And if you get angry during a weather delay or a long wait at DFW Airport, you could end up behind bars.

Assault cases aren’t always black and white, but the immediate outcome is typically clear. 

Someone will probably be taken into police custody, and that someone might be you. But an arrest doesn’t always mean you were the one who was at fault. Every story has two sides, and you deserve the opportunity to tell your version.

An arrest may not always be immediate. It could come weeks later, long after any bodycam recordings of the incident are erased. By that point, it’s your word vs. someone else’s.

If you’ve been charged with assault, your first priority should be protecting yourself. It’s never too early to start fighting back; you need the best possible attorney in your corner.

At Michael & Associates, we believe that each client is entitled to a “zealous advocate” 

Have You Been Charged with Assault in the Dallas Area?

The Dallas-Fort Worth area court system is complicated. Different jurisdictions have different priorities, and many can be motivated by politics. Where your arrest happens can make a big difference. Dallas County has a massive caseload, and public defenders are overworked. They may be more willing to negotiate to prevent a backlog. Meanwhile, other counties in the area have smaller caseloads and might not be as lenient.

We deal with the key players every day. We know the prosecutors and judges. We use that experience to help you fight the charges against you. We will investigate the details of your assault case, carefully review all police reports and video footage, negotiate with prosecutors, and (if it’s a family violence case) work to obtain an Affidavit of Non-Prosecution. This is a sworn statement from the victim stating that they do not want the defendant to be prosecuted and that they want all charges to be dismissed.

Our No. 1 goal is dismissal, and our clients are always our first priority.

How to Protect Yourself

Criminal charges are always serious, and it’s important to be proactive. You need the best possible criminal defense attorney in the Dallas area. Contact us as soon as possible. We are available 24/7 and are here to help clients in North Texas. This includes Dallas, Tarrant, Ellis, Rockwall, Denton, and Collin counties.

Take detailed notes, and record as many interactions as possible with your phone. If there are witnesses, try to get recordings of their version of what happened.

In addition:

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

Police officers are not your friends. They are trained to manipulate you into providing information that will likely be used against you.

8 Common Assault Charges in Dallas

Assault in Texas covers many different types of allegations. The incidents can be as minor as throwing food at someone or as serious as assaulting someone with a deadly weapon, which can land you in prison for life.

1. Family Violence (or Domestic Assault)

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

Actions taken in self-defense or as reasonable child discipline are excluded. 

With any report of family violence, the stakes are extremely high. It can be difficult to overcome the social stigma of a family violence conviction. 

And even if police are simply called to prevent an argument, it’s almost certain someone will be going to jail – even if the family member who called the police doesn’t want to press charges (If that happens, we can help you by obtaining an Affidavit of Non-Prosecution).

Family violence was the second most common crime across Texas in 2022, according to the Texas Department of Public Safety. It was behind only “Larceny/Theft,” and it is by far the most common assault charge we see at Michael & Associates.

Dallas County is unique in that it has two dedicated family violence courts. The Dallas County Criminal District Attorney’s Office (DCDAO) includes a team of prosecutors, investigators, and support staff who focus on the county’s Family Violence cases.

Family violence convictions cannot be expunged. If you plead guilty, it will remain on your criminal record for life. That’s why it’s so important that you have the best possible legal representation.

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

• Basic family violence assault is typically a Class 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 Dallas County in 2023:

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

2. Assault

Some assaults in Texas are more clear-cut than others. Kicking or shoving a person is an obvious example, but you can face assault charges without any physical contact at all. 

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

• Spitting on someone
• Hitting another person with a frozen armadillo
• If your emotional support squirrel monkey attacks another person
• Throwing hot water at someone

Penalties: These are typically Class C, B and A misdemeanors. The maximum punishment is 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.

Here are the outcomes of assault cases in Dallas County in 2023:

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.

Shouting racial slurs can be enough to face verbal assault charges, even if no violence 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

If, during an altercation, a public servant is injured while performing an official duty, the charge becomes more serious than a simple assault. This is also true if someone attempts to retaliate against a public servant for performing a duty that’s part of their job. 

Public servants include firefighters, police officers, emergency medical services personnel, or any government employee who is officially on the job.

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 severe. They often involve serious bodily injury to another person or using or doing anything that would put a reasonable person in fear of bodily harm. 

Even police officers can be charged with aggravated assault if a weapon accidentally misfires or they get into an altercation while off-duty.

According to statistics from the Texas Department of Public Safety, it was the fifth most common offense in Texas in 2022, when more than 90,000 arrests were made.

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 Dallas County in 2023:

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

6. Aggravated Assault with a Deadly Weapon

This is a more serious type of aggravated assault. It involves assault while using or exhibiting a deadly weapon. Texas defines “deadly weapons” as firearms or anything else that is capable of causing serious bodily injury or death.

Shooting someone in the face is one example of aggravated assault with a deadly weapon.

You don’t need to actually use the weapon during the incident. Showing that you possess a deadly weapon 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; 168 were in Dallas.

Sexual assault can happen anywhere – in an Uber, at a nightclub, even at a school. 

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

• Physical violence
• Mental or physical incapacitation
• Threats or coercion
• Use of 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 Dallas County in 2023:

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

8. Aggravated Sexual Assault

This is one of the most serious assault charges. Aggravated sexual assault includes all the elements of sexual assault but with additional aggravating factors, such as:

• The age of the victim
• Use of date-rape drugs
• Causing serious injury or death
• Use of a deadly weapon
• Threatening death, serious injury, or kidnapping

Many of the aggravated sexual assault cases in Texas are acts against children.

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

Here are the outcomes of indecency or sexual assault of a child cases in Dallas County in 2023:

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

What is a Protective Order?

A protective order is a court-issued legal injunction designed to shield individuals from family abuse, domestic violence, stalking, human trafficking, and other forms of harassment. These orders are typically issued when an incident involves a family member, partner, or household member and often restrict the accused individual’s actions.

Protective orders can be either criminal or civil. Criminal protective orders are usually sought by law enforcement or prosecutors during criminal cases, while civil protective orders are requested by the victim or petitioner.

It’s important to understand the differences between protective orders and restraining orders. Restraining orders are based on broader laws regarding harassment or threats and can be applied in situations involving neighbors, co-workers, or other non-domestic relationships.

Protective orders often include specific provisions tailored to domestic situations, such as child custody arrangements or eviction from a shared residence, which may not be included in restraining orders.

These orders can contain a variety of measures to enhance the victim’s safety, including:

• Prohibiting a defendant from contacting the victim in any form
• Requiring a defendant to maintain a certain distance from the victim’s home, workplace, school, or other specified locations
• Mandating that a defendant vacate a shared residence
• Imposing conditions or limitations on child custody and visitation
• Banning a defendant from possessing or purchasing firearms

Homeownership does not necessarily impact the enforcement of these safety measures. We have had clients who were sole owners of a home but were still evicted and had to live in their cars until the protective order could be amended.

Potential Defense Strategies for Assault Charges in Dallas

No matter what type of assault charge you may face, you are innocent unless proven guilty. This means that in order to be convicted, guilt must be established beyond a reasonable doubt. We will capitalize on any weaknesses in the case against you, and use them to cast doubt on the prosecution’s claims.

This can include:

• Has an Affidavit of Non-Prosecution been filed?
• Has all bodycam footage been reviewed?
• Does the prosecution have credible proof against you?
• Are the allegations against you false? 
• Is it a case of mistaken identity?
• Is the testimony against you inconsistent?
• Do you have an established alibi?
• Is there DNA evidence to challenge?
• What was your mental state and capacity at the time?
• 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 offense. Assault normally refers to a threat of harm, while battery refers to the actual act of harming someone, but the Texas Penal Code combines them into a single statute under Section 22.01:

(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 regularly updates assault laws, usually to enhance penalties. 

In 2023, two new enhancements were passed to prevent:

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

Meet Your Dallas Defense Team

Zach Redington

With 20 years of experience defending clients against DWI and other criminal charges in state and federal court, Zach is recognized as a leader in criminal defense.

Born and raised in Dallas, Zach graduated from Woodrow Wilson High School. He formerly served as the Ellis County Criminal Defense Lawyers Association (ECCDLA) president and was appointed to the State Grievance Committee.

Bobby Leahey

Bobby is a Senior Trial Lawyer at Michael & Associates. He graduated from the University of Miami School of Law in 2010.

He joined Michael & Associates in 2022 to further the firm’s goal of providing top-notch representation to every client, no matter how serious the charge.

Thomas Murphree

Thomas is a senior trial attorney at Michael & Associates. He has been named “Texas Super Lawyer Rising Star” and “Top Attorney” in Fort Worth and the DFW metroplex.

Thomas graduated from the Texas A&M School of Law. Over the past decade, he has navigated the complexities of dozens of high-stakes jury trials in local, state, and federal courts across Texas.

Holly Fox

Holly has been on literally every side of the justice system. With experience as a prosecutor, an FBI Agent, a defense attorney, a criminal magistrate, and a municipal court Judge, she has in-depth knowledge of how all sides will approach a case.

Her diverse background helps her provide invaluable perspective, insight, and experience. She emphasizes the importance of skilled and compassionate legal representation and thorough examination of each case.

More Commonly Asked Questions About Assault in Dallas

Two of the primary factors in determining whether a defendant is likely to face jail time for an assault charge are whether or not a defendant has any criminal history and whether or not a victim was seriously injured during the incident. If there is no serious injury involved or our client has little to no criminal history, it is very unlikely that the client will be ordered to serve any jail time, even if they end up pleading guilty as part of a plea bargain. 

What is Vehicular Assault in Texas?

“Vehicular Assault” is not a criminal charge in Texas, though it is a separate charge in some other states. If you use a vehicle as a weapon, it will typically result in felony assault charges. These could include:

• Intoxication Assault
• Aggravated Assault
• Criminally Negligent Homicide
• Vehicular manslaughter

How Many Assault Cases Go to Trial in Dallas County?

Court data indicates that about 1.1% of all assault cases in Dallas County go to trial. This is on par with Bexar and Tarrant counties but is higher than Harris County, which averages .56%, and Travis County, which averages .29%.

Address: 6301 Gaston Ave., Suite 1524, Dallas, Texas 75214

Phone: (214) 253-4143

We have offices across Texas and are ready to help 24 hours a day. We also serve clients in Allen, Arlington, Cedar Hill, DeSoto, Duncanville, Fort Worth, Frisco, Grand Prairie, Grapevine, Lancaster, Mansfield, McKinney, North Richland Hills, Plano, and Richardson.