If you’re facing assault charges in Houston, you probably already know that these cases are never black and white. 

The state’s definition is broad. Anything from verbally threatening someone to a physical attack is classified as assault. 

And when Hurricane Beryl struck the region and knocked out power to more than 3 million homes and businesses, a handful of residents took out their frustrations by verbally and physically threatening utility workers who were on break, pointing guns at them and telling them they “don’t deserve to eat.”

Sometimes, what happens in the heat of the moment can land you in jail, even if no one is injured. Just threatening violence can be enough for police to intervene, and any time the police step in, someone will probably be arrested. 

We understand that there are two sides to every story. Just because you were arrested doesn’t necessarily mean you were the one who was at fault. 

It’s never too early to start protecting yourself; you need the best possible attorney to look out for you.

At Michael & Associates, we believe that everyone needs a “zealous advocate.” 

We deal with the Houston court system every day. We know the key players – and they know us. We use those connections to help you fight the charges against you. 

This means:

• Carefully investigating the details of your assault case
• Closely reviewing police reports and video footage
• Negotiating with prosecutors
• Obtaining an Affidavit of Non-Prosecution (if it’s a family violence case)

You are our top priority.

Have You Been Charged with Assault in the Houston Area?

Assault charges must always be taken seriously. You need an experienced criminal defense attorney. You also need to take some steps to protect yourself. Take notes of the incident and record as many interactions as possible.

• Document any injuries and seek medical treatment if needed
• Save all communication about the incident, including emails, voicemails, and texts
• Write down everything you can remember about the altercation
• Gather contact information for witnesses
• Do not answer questions from police beyond providing your name, address, and date of birth

Cops aren’t your friends. They’re trained in psychological manipulation to trick you into providing information that could be used against you.

Most importantly, contact us as soon as possible. We’re always here to help and are available 24/7. 

The Houston area isn’t limited to Harris County, nor are our services. We also handle cases in Fort Bend and Brazoria counties.

8 Common Assault Charges in Houston

Assault in Texas can be wide-ranging. The incidents can be as minor as throwing a hamburger at someone or as serious as an assault with a deadly weapon that can land you in prison for life.

1. Family Violence (or Domestic Assault)

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

This does not include defensive measures to protect yourself or reasonable disciplinary measures for kids. 

Any report of family violence has serious ramifications.

When police are called, it’s almost guaranteed that someone will be arrested – even if police were called simply to prevent an argument. Sometimes, the person who calls the police doesn’t even want to press charges. If that happens, we can help you by obtaining an Affidavit of Non-Prosecution signed by the victim. This is a sworn statement that they do not want the defendant to be prosecuted, and they want all charges to be dismissed.

According to data from the Texas Department of Public Safety, family violence was the second most common crime across Texas in 2022, behind only “Larceny/Theft.” It is the most common assault charge we see.

And if you plead guilty to family violence charges, the conviction stays on your criminal record for life. It cannot be expunged. That’s why it’s critical that you have the best possible defense in your corner.

Penalties: These can vary widely depending on the offense:

• Basic family assault 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. This is 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, which is punishable by up to 20 years in prison and a $10,000 fine.

READ MORE: Domestic assault and family violence

Here are the outcomes of family assault cases in Houston in 2023:

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

2. Assault

Texas has a very broad definition of assault. Some offenses are more clear-cut than others. Shoving a person down and kicking them is an obvious example, but you can be charged with assault without any physical contact at all. 

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

• Hitting someone with a frozen armadillo
• An emotional support squirrel monkey attacks a trick-or-treater
• Spitting on someone
• Throwing hot water at someone

Penalties: These are typically Class C, B and A misdemeanors. The severity of the charge depends on the extent of the injuries involved. The most serious charge, a Class A misdemeanor, has a maximum penalty of a $4,000 fine and up to a year in jail. 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 2023 in Harris County:

3. Assault by Threat (or Verbal Assault)

You don’t have to physically injure someone to be charged with assault. Any time someone intentionally threatens another person and creates a genuine fear of imminent injury, it’s considered Assault by Threat. For example, verbally threatening utility workers who are attempting to restore electricity after a storm would fall into this category. 

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

This charge is reserved for people accused of assaulting a law enforcement officer, firefighter, emergency medical services worker, or any government worker who is performing an official duty or in retaliation for an official duty. It’s more serious than a simple assault. For example, a man was charged with three felony charges of assault on a public servant after allegedly attacking a bailiff, a judge, and two prosecutors during a court appearance.

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 more severe. They typically involve serious bodily injury to another person, a stabbing, for example, or taking any action that would put a reasonable person in fear of bodily harm. In one Houston-area example, a man was charged with aggravated assault after stabbing another patron in the face for allegedly stealing his drink at the Red Foxx Lounge.

Across Texas, there were more than 90,000 arrests for aggravated assault in 2022, according to crime statistics from the Texas Department of Public Safety. It was the fifth-most common offense that year.

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 Harris County in 2023:

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

6. Aggravated Assault with a Deadly Weapon

A form of aggravated assault, it involves committing an assault while using or showing a deadly weapon. In Texas, a “deadly weapon” is defined as a firearm or anything capable of causing death or serious bodily injury.

For example, the man who is accused of pulling an assault rifle on CenterPoint workers in the aftermath of Hurricane Beryl was charged with aggravated assault with a deadly weapon.

However, you don’t have to actually use a weapon during an altercation. Showing someone that you’re carrying a gun 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.

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; 2,388 were in Houston.

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

• Physical force or violence
• Coercion or threat
• Authority or power
• Incapacitation
• Mental illness

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 the Houston area in 2023:

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

8. Aggravated Sexual Assault

Aggravated sexual assault includes all the elements of sexual assault but with additional aggravating factors established by Texas Penal Code 22.021. 

They include:

• Acts involving children
• Serious injury or death
• Use of a deadly weapon
• Threatening death, serious injury, or kidnapping
• Use of date rape drugs

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 and Sexual Assault of a Child cases in Harris County in 2023:

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

What is a Protective Order?

A protective order is a legal injunction issued by a court to protect individuals from harassment, including domestic violence, stalking, family abuse, and human trafficking. They’re often issued when allegations involve a spouse, partner, family member, or household member. They usually limit the actions of the person accused of committing the offense.

Protective orders can be criminal or civil:

• Civil orders are initiated by the victim or petitioner
• Criminal orders are initiated by law enforcement or prosecutors

Protective orders are different from restraining orders, which are based on broader laws and are typically used in situations that involve neighbors, co-workers, or other non-domestic relationships.

Protective orders often include provisions addressing specific domestic situations, such as child custody or eviction from a shared home. These may not be present in restraining orders.

Protective orders often include provisions to further protect victims. They can:

• Prohibit contacting the victim
• Require defendants to maintain a certain distance from the victim’s home or other specified locations
• Require defendants to move out of a shared residence
• Limit or place restrictions on child custody and visitation agreements
• Prohibit the defendant from possessing or purchasing firearms

We have had clients who were the sole homeowners be evicted and forced to live in their cars.

Potential Defense Strategies for Assault Charges in Austin

When facing any assault charge, you are innocent unless proven guilty. This means that guilt has to be established beyond a reasonable doubt. At Michael & Associates, we leverage any weaknesses in the prosecution’s case. Some of the steps we take include:

• Procuring an Affidavit of Non-Prosecution
• Questioning the prosecution’s proof of offense
• Carefully reviewing any bodycam footage
• Challenging DNA evidence
• Assessing your mental state and capacity
• Were the allegations against you false? 
• Were your actions in defense of others?
• Were you acting in self-defense?
• Is it a case of mistaken identity?
• Is the testimony against you inconsistent?
• Can you establish an alibi?

Assault vs. Battery

In Texas, assault and battery are technically the same. In some states, assault refers to a threat of harm, while battery refers to the actual act of harming someone, but Section 22.01 of the Texas Penal Code combines them into a single statute:

(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 is constantly revisiting the state’s assault laws. Since 2017, nine bills have allowed the state to enhance penalties when incidents involve specific victims. 

In 2023, legislation was passed to prevent:

• Assaults against hospital workers
• Assaults that take place during human smuggling attempts.

Meet Your Houston Defense Team

Charles Pelowski

Charles Pelowski currently holds the position of Senior Trial Attorney at Michael & Associates in the Houston area office. 

With a proven record in handling criminal cases across the state, Charles prides himself on being the most prepared person in any courtroom, firmly believing that solid investigations are the cornerstone of preparing a defense. Charles is deeply committed to the jury trial system and the pursuit of justice. 

More Commonly Asked Questions About Assault in Houston

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

Two of the biggest 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 our 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?

While “Vehicular Assault” is a criminal charge in some states, it is not one in Texas. Using a vehicle as a weapon will typically result in the following felony charges, depending on the circumstances.

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

How Many Assault Cases Go to Trial in Houston?

According to trial outcome statistics from Harris County, about 0.57% of assault cases go to trial in the Houston area. That’s lower than Dallas, Tarrant, and Bexar counties, where the total is about 1.1%. But it’s higher than Travis County, where less than .3% of assault cases make it to trial.

Client Testimonials 

From the moment of our consultation, I knew I had contacted the right law firm. Their honesty and excellent communication stood out, and Charles Pelowski was worth every penny!

Michael & Associates serves clients throughout Texas and the greater Houston area, including Alvin, Angleton, Arcola, Beasley, Bonney, Clute, Danbury, Fairchilds, Freeport, Fulshear, Hillcrest Village, Holiday Lakes, Katy, Lake Jackson, Manvel, Missouri City, Needville, Pearland, Richmond, Rosenberg, Simonton, Stafford, Sugar Land, Surfside Village, and Weston Lakes.