Dallas, TX Assault Defense Attorney

Are you facing assault charges in the Dallas area? Our team will craft a customized defense strategy to help you walk away with the best possible outcome. Our #1 goal is a dismissal!

Stress can cause tempers to flare, and what seems like a simple disagreement can escalate quickly. You could suddenly find yourself facing an assault charge. Any criminal charge in Texas means your rights and future are on the line. You need a dedicated legal team with a reputation for getting results – one with experience handling assault cases in the Dallas area.

At Michael & Associates, our team is here to help you through this. Our team boasts decades of experience and is available 24/7 to provide the fierce defense you need.

Every assault charge in Texas is a serious matter. Prosecutors will use all available resources to build a case against you. You must fight back. There are always two sides to every story, and we are here to ensure that your side is heard and understood.

We defend clients across Dallas County and the surrounding areas, including Addison, Arlington, Balch Springs, Carrollton, Cedar Hill, Coppell, DeSoto, Duncanville, Farmers Branch, Garland, Glenn Heights, Grand Prairie, Grapevine, Highland Park, Hutchins, Irving, Lancaster, Mesquite, Richardson, University Park and Wilmer, plus Collin, Denton, Ellis, Rockwall, and Tarrant counties.

Types of Assault Charges We Defend in Dallas

When people think of assault, they tend to assume that violence is involved. That’s not always the case. In Texas, some types of assault don’t even include physical harm. If you verbally threaten an American Airlines flight attendant and throw a bag at them, it is considered assault. So is hitting a fast-food worker with a plastic tray.

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

Simple Assault

Simple assault can include a wide range of acts. Physical contact doesn’t even have to be involved. Just a verbal threat of harm can be enough for criminal charges. This can include:

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

About 91% of assault cases in Dallas County in 2023 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. Close to 24% were convicted.

Outcome	Percentage of case results
Dismissals	51.5%
Acquittals	.5%
Convictions	24%
Deferred adjudication	21%
Other outcomes	3%

A simple assault charge can be elevated to a felony if the victim is a family member, public servant, or elderly person. We will examine the facts of your case and fight for a charge reduction or dismissal.

Aggravated Assault

Aggravated assault involves either:

Use of a deadly weapon
Serious bodily injury

All aggravated assault cases in Dallas in 2023 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 carefully review all evidence and craft a strong defense to protect your rights.

Domestic Violence

Domestic violence – officially called assault and family violence charges in Texas – arises when you’ve been accused of harming a family member (or another member of your household). Depending on the charges and any prior criminal history, these charges range from misdemeanors to felonies. We understand that these cases involve complex dynamics. We provide legal defense and compassionate support.

The stakes for domestic violence cases are particularly high because you could be barred from accessing your own home until the case has been resolved.

All of the family assault cases in Dallas County in 2023 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. Close to a quarter were convicted.

Outcome	Percentage of case results
Dismissals	58%
Acquittals	.3%
Convictions	23%
Deferred adjudication	18%
Other	.7%

Sexual & Aggravated Sexual Assault

In Dallas, sexual assault is a second-degree felony. If threats, injury, or a weapon are involved, the charge may be upgraded to aggravated sexual assault, which is a first-degree felony. The stakes are always high in sex assault cases, not only because of the potential for serious legal consequences but also due to the high risk of social stigma. It’s critical to seek legal advice as quickly as possible. We will get to work immediately.

About 72% of the cases of sexual assault involving adults in Dallas County in 2023 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. Just one defendant has been acquitted after a trial.

Outcome	Percentage of case results
Dismissals	34%
Acquittals	.6%
Convictions	25%
Deferred adjudication	17%
Other	19.4%

Aggressive Defenses Against Assault Charges in Dallas

Arrests don’t equal guilt. You’re innocent unless proven guilty. And many assault charges stem from exaggerations, misunderstandings, insufficient evidence, hearsay, or even a desire for retribution. Our team in Dallas will explore every possible defense, which may include:

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

Each case is unique. We will customize an evidence-based defense strategy designed to expose weaknesses in your case.

What to Do If You Are Arrested for Assault in Texas

If you’ve been arrested, you must take immediate steps to protect yourself:

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

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

Why Choose a Local Dallas Assault Attorney?

Hiring a local defense attorney gives you a significant advantage. Local experience is important. Our attorneys have deep roots in the Dallas legal community and are committed to protecting the rights of North Texans. Our team has decades of experience and an established track record of success. We are known for our meticulous preparation and commitment to clients.

Our hiring practices are a point of pride. We only hire attorneys with significant experience and diverse skill sets. While all are tough criminal defense lawyers, our teammates have a wide array of additional experiences. Several of our Dallas teammates were born and raised in North Texas, and have connections in multiple counties, and at least three are former prosecutors. One has served as the president of the Ellis County Criminal Defense Lawyers Association. We also have a former judge and a former FBI agent on our staff. 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 Dallas 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

You aren’t just getting one attorney – you’re getting our full team. We meet each day to review cases and talk strategy.

Start Building Your Defense Today

Any 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 Dallas and the surrounding areas.

Call us now for a free consultation.

More Commonly Asked Questions About Assault

What is a 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 a 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 Dallas?

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 Dallas?

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 charges a defendant would face:

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

Is Aggravated Assault a Felony in Texas?

Yes, aggravated assault is typically a second-degree felony.
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 are the Penalties for Aggravated Assault in Dallas County?

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.

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 Hurt Me?

If you’re in immediate danger in North Texas, please call 911. If you need longer-term assistance, several organizations in the area can help:

DALLAS COUNTY
Dallas Rape Crisis Center: (972) 641-7273; https://www.dallasrapecrisis.org
Genesis Women’s Shelter and Support: 214-946-4357 (24⁄7); https://www.genesisshelter.org/
The Salvation Army Domestic Violence Program: 214-424-7208; https://salvationarmyntx.org
The Family Place: 214-941-1991; https://familyplace.org
Wilkinson Center: 972-284-0377; https://www.thewilkinsoncenter.org
Dallas Life: 214-421-1380: https://dallaslife.org
City of Dallas Domestic Violence and Human Trafficking Awareness Council: 214-670-3111; https://dallascityhall.com/government/citymayor/dv-advisory-council/Pages/default.aspx

DENTON COUNTY
Victims Assistance Division https://www.dentoncounty.gov/439/Victims-Assistance-Division

COLLIN COUNTY
The Turning Point 24-Hour Sexual Assault Hotline: 1-800-886-7273; https://www.theturningpoint.org/

ELLIS COUNTY
The Heights, 469.672.6494; https://www.theheightselliscounty.org

ROCKWALL COUNTY
WIN Texas, (903) 454-HELP (4357); https://www.wintexas.org/services/services-overview/

TARRANT COUNTY
SafeHaven of Tarrant County: 1-877-701-7233; https://www.safehaventc.org
The Women’s Center: 817-927-2737, https://www.womenscentertc.org/programs/rape-crisis-victim-services/
One Safe Place: 817-916-4323; https://www.onesafeplace.org/resources-family-abuse-and-violence-fort-worth

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.

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 comparable to the percentages in Tarrant and Bexar 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

More Dallas County Resources

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Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.

Michael&Associates

Fierce Dallas TX Assault Defense Attorney