Assault in Texas covers a wide range of criminal offenses. It could refer to a domestic situation, making a verbal threat, showing someone that you have a gun, waving a baseball bat, or even causing a scene at the airport.

Even if you don’t physically injure someone, it could still be considered assault. In one instance, a client was charged with assault for hiring another person to throw acid on a family member.

Assault cases aren’t black and white, particularly when no physical contact is involved. But the immediate outcome is typically straightforward. Someone is likely to be arrested, and that someone may be you. 

However, you’re innocent unless proven guilty, and the person who goes to jail isn’t always the one who is at fault. There are at least two sides to every story, and you deserve a chance to tell your side.

And arrests aren’t always immediate. They can happen weeks later, long after you’ve forgotten key details and any bodycam recordings of the incident are erased. If that happens, it comes down to your word vs. someone else’s.

If you’ve been charged with assault, your immediate priority must be to protect yourself – and your rights. To fight back, you must have the best possible attorney on your side.

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

Have You Been Charged with Assault in the Fort Worth Area?

North Texas is the fourth-largest metropolitan area in the U.S., and the court system is complicated. Each county has different priorities, prosecutors have different strategies, and many case outcomes can be affected by backlogs or local politics.

Where your arrest happens makes a difference. Tarrant and Dallas counties have larger populations and heavy caseloads, and public defenders may be overworked. Other counties in the area have smaller caseloads and might be less lenient.

We deal with the key players in every county. We know the judges and prosecutors. Those contacts help us fight the charges against you. We believe in white glove service. That means carefully investigating the details of the case against you, reviewing all police reports and video footage, negotiating with prosecutors, and (if it’s a family violence case) working on your behalf 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 want all charges dismissed.

Our No. 1 goal is to win a dismissal, and our clients are always our top priority.

How to Protect Yourself

Any criminal charge is serious, and taking swift action to protect yourself is important. You need an experienced criminal defense attorney. Contact us as soon as possible. We are available 24/7 and are here to help clients throughout all of North Texas. This includes Tarrant, Dallas, Ellis, and Collin counties.

Write down all relevant details and whether you were read your Miranda rights. Record as many interactions as possible with your phone (yes, it’s legal to do this). If there are witnesses, gather their contact information.

In addition:

• Refuse to answer police questions
• Document all injuries and seek medical treatment if needed
• Save all emails, voicemails, and texts

Police officers are trained in psychological manipulation. They may act friendly, but they are not your friends. They are trying to trick you into providing information that will be used against you. Do not say anything (other than identifying yourself) until you speak with us or a competent lawyer.

8 Common Assault Charges in Fort Worth

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

1. Family Violence (or Domestic Assault)

Family violence is by far the most common assault charge we see in Tarrant County. 

Texas Family Code, Chapter 71.004 defines family violence 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, or sexual assault. No harm needs to take place; reasonable fear that physical harm is imminent is enough to meet the threshold.

Any actions of self-defense or reasonable child discipline are excluded. 

Anytime family violence is reported to police, the stakes are exceptionally high. There could be long-term implications within your family, and a conviction carries a major social stigma. 

And even if police were called simply to de-escalate a tense situation, someone is almost certainly getting arrested – even if the person who called the police doesn’t want to press charges. If that happens, we can work to obtain an Affidavit of Non-Prosecution, which is a sworn statement signed by the complaining witness (“victim”) stating that they do not want the defendant to be prosecuted and they want all charges to be dismissed.

In Texas, family violence was the second most common crime in 2022, according to the Department of Public Safety, behind only “Larceny/Theft.” 

Family violence convictions cannot be expunged from your criminal record. If you plead guilty, it stays on your record for life. It is crucial that you have the best possible legal representation in your corner.

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 violence 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 Tarrant County in 2023:

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

2. Assault

Some offenses are more obvious than others. A student punching a high school coach after a game is one obvious example, but you can face assault charges without any physical contact at all. 

For example, country singer Randy Travis was charged with simple assault for “exchanging some choice words” with two men in the parking lot of a Plano church. 

Here are some other real incidents that resulted in assault charges:

• Using a frozen armadillo as a weapon
• Attacking someone with a squirrel monkey
• Throwing food 
• Spitting

Penalties: These are typically misdemeanors, punishable with a fine of up to $500. However, there are a number of factors that can escalate a simple assault to a more serious charge.

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

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

3. Assault by Threat (or Verbal Assault)

Threatening to injure someone and creating fear of imminent harm is considered Assault by Threat, even if no physical assault occurs.

Threatening someone after accusing them of hiding your pet rabbit can be enough to face verbal assault charges.

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 you injure a police officer (or other public servant) who is on the job performing an official duty (or to retaliate against someone who performed an official duty), the charge becomes more serious than a simple assault. Public servants include cops, firefighters, emergency medical services workers, or government employees.

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 serious, and you will need to take quick action to protect yourself. They usually involve serious bodily injuries to another person or using or doing anything that would put someone in fear of bodily harm. 

A police officer could face aggravated assault charges for pulling their weapon on a woman at a gas station while off duty.

According to the Texas Department of Public Safety, more than 90,000 aggravated assault arrests were made in 2022. It was the state’s fifth most common offense. 

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 Tarrant County in 2023:

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

6. Aggravated Assault with a Deadly Weapon

Just like it sounds, this is an upgraded aggravated assault that involves using or showing a deadly weapon. In Texas, “deadly weapons” are defined as firearms or anything else – including hammers – capable of causing serious bodily injury or death.

You don’t need to use the weapon. Simply showing that you possess the weapon with the intent to use it meets 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.

7. Sexual Assault

Sexual assault, or rape, involves sexual activity that occurs without the consent of both parties. There were more than 14,000 rape arrests in Texas in 2022; 116 were in Fort Worth.

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

• Acts of physical violence
• Mental or physical illness or incapacitation
• Coercion or threats
• Use of authority or power

Sexual assault can happen anywhere – at a nightclub, a school, in prison, or even at a spa.

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 Tarrant County in 2023:

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

8. Aggravated Sexual Assault

This is a form of aggravated assault that includes additional factors, including underage victims, use of date rape drugs, use of a deadly weapon, or threats of death, injury of kidnapping. 

Many aggravated sexual assault cases in Texas involve 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 Tarrant County in 2023:

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

What is a Protective Order?

Protective orders and restraining orders are not the same.

• Protective order: A court-issued injunction to shield individuals from family abuse, stalking, domestic violence, human trafficking, and other forms of harassment. They are usually issued to restrict the actions of a partner, family member, or household member.
• Restraining order: These are based on broader laws regarding threats and harassment. They are typically issued in situations involving neighbors, co-workers, and other non-domestic relationships. 

Protective orders can be civil or criminal. Law enforcement officers and prosecutors usually seek protective orders during criminal cases. Victims or petitioners request civil protective orders. 

A protective order usually includes specific provisions tailored to your particular domestic situation, including eviction from a shared residence or specific child custody arrangements. Restraining orders may not address these.

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

• Prohibiting contact with the victim
• Mandating a certain distance from the victim’s home, workplace, school, or other specified locations
• Requiring a defendant to vacate a shared residence
• Limit child custody and visitation
• Possession or purchase of firearms

You may have to fight in court for access to your own home. We have had clients who had to live in their cars until a protective order could be amended, even though they were the property’s sole owner.

Potential Defense Strategies for Assault Charges in Fort Worth

You are innocent unless proven guilty – no matter what type of assault charge you face. This means guilt must be established beyond a reasonable doubt. 

We will hone in on any weaknesses in the prosecution’s case against you.

This can include:

• Is the testimony against you inconsistent?
• Has an Affidavit of Non-Prosecution been filed?
• Were you acting in self-defense?
• Has all bodycam footage been reviewed?
• Were your actions in defense of others?
• Does the prosecution have credible proof against you?
• Are the allegations against you false? 
• What was your mental state and capacity at the time?
• Is it a case of mistaken identity?
• Is there DNA evidence to challenge?
• Do you have an established alibi?

Assault vs. Battery

According to Texas law, assault and battery are technically the same offense. While assault generally refers to a threat of harm, battery is the actual act of harming someone. The Texas Penal Code combines them into one 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 revisits assault laws, usually to enhance penalties. 

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

• Attacks on hospital workers
• Attacks during human smuggling attempts

Meet Your Fort Worth 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 President of the Ellis County Criminal Defense Lawyers Association (ECCDLA) 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. Thomas 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 honed his expertise in criminal law, navigating the complexities of dozens of high-stakes jury trials in local, state, and federal courts across Texas.

More Commonly Asked Questions About Assault in Fort Worth

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

Two of the most significant factors in determining whether a defendant is likely going to face jail time for an assault charge are whether or not the defendant has any criminal history and whether or not the victim was seriously injured during the assault in question. If the client has little to no criminal history, and the victim of the assault was not seriously injured, then it is very unlikely that our client will have to serve any jail time, even if they end up having to plead guilty as part of the plea bargain. 

What is Vehicular Assault in Texas?

There is no criminal charge of “Vehicular Assault” in Texas, though it can be considered a separate charge in some states. If you use your vehicle as a weapon, it can typically result in felony assault charges, including:

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

How Many Assault Cases Go to Trial in Tarrant County?

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

We serve clients across Texas, including Arlington, Azle, Bedford, Benbrook, Burleson, Colleyville, Crowley, Euless, Forest Hill, Fort Worth, Frisco, Grand Prairie, Grapevine, Haltom City, Hurst, Keller, Lake Worth, Mansfield, McKinney, North Richland Hills, Plano, Richardson, Saginaw, Southlake, and White Settlement.