Houston TX Assault Defense Attorney - Michael & Associates, Attorneys at Law

Are you facing assault charges in the Houston or Galveston areas? Let our team craft a customized defense strategy to get you the best possible outcome. Our #1 goal is a dismissal!

In a stressful situation, a simple disagreement can quickly escalate to the point where you find yourself facing criminal charges. If you’ve been charged with assault in Houston, your rights, freedom, and future are at stake. You need a legal team that’s dedicated to clients – one with experience handling assault cases and a reputation for getting results. At Michael & Associates, we’re here to help you. Our team of experienced assault attorneys is available 24/7 to take immediate action to protect your rights.

Any assault charge in Houston is serious. Prosecutors will use every possible resource they have against you. Fighting back is essential. We defend clients across Harris County and the surrounding areas, including Galveston, Fort Bend, Montgomery, Waller, and Brazoria counties.

Types of Assault Charges We Defend in Houston

People tend to assume that assault involves violence. However, that isn’t always the case. Under Texas law, some forms of assault don’t even include physical harm. In the Houston area, one woman was arrested for throwing a frozen burrito, while another was arrested for spitting on a constable deputy.

We have decades of experience handling all categories of Texas assault charges:

Simple Assault

Texas’s definition of simple assault is broad. Just threatening to harm someone can be enough for criminal charges. This can include:

Causing bodily injury
Threatening to injure another person
Provoking physical contact

About 72% of assault cases in Harris County in 2024 have been resolved. Simple assaults are typically Class A misdemeanors with penalties including up to a year in jail and fines of as much as $4,000. The most common outcome was a dismissal.

Outcome	Percentage of case results
Dismissals	76%
Acquittals	.3%
Convictions	15%
Deferred adjudication	6.7%
Other outcomes	2%

Simple assault charges – and the penalties you’ll face – could be upgraded to a felony if the victim is a public servant, elderly person, or family member. Our team will closely examine the evidence and fight for a charge reduction or dismissal.

Aggravated Assault

Aggravated assault involves either:

Serious bodily injury
Use of a deadly weapon during the assault

Close to 69% of aggravated assault cases in Harris County in 2024 have been resolved. These charges carry severe penalties, including two to 20 years in prison. The most common outcome was a dismissal. Here are the case outcomes by percentage.

Outcome	Percentage of case results
Dismissals	42%
Acquittals	.3%
Convictions	28%
Deferred adjudication	17.7%
Other outcomes	12%

Our firm will build a strong, evidence-based defense to ensure your rights are protected.

Domestic Violence

In cases of domestic violence – called family assault in Texas – charges arise when you’re accused of threatening or harming a family or household member. Depending on the case and whether you have any prior history, these charges range from misdemeanors to felonies. We understand that these cases involve complex dynamics. We provide legal defense and compassionate support.

If you’ve been charged with family violence, you need to act quickly. We’ve seen clients who were barred from entering their own homes, even when that home was solely in their name.

Close to 82% of family assault cases in Harris County in 2024 have been resolved. Penalties will 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 up to a year in jail and a fine of up to $4,000. Repeat offenders could end up facing a third-degree felony charge with a prison sentence of two to 10 years and a fine of up to $10,000. The most common outcome was a dismissal.

Outcome	Percentage of case results
Dismissals	61%
Acquittals	.1%
Convictions	18.9%
Deferred adjudication	11.3%
Other outcomes	8.7%

Sexual & Aggravated Sexual Assault

In Houston, sexual assault is a second-degree felony. If the incident involves threats, injuries, or weapons, the charge could be upgraded to aggravated sexual assault, which is a first-degree felony.

The stakes are particularly high in cases involving rape and sexual assault, not only due to the risk of serious legal consequences but also because of the potential for social stigma. You must act quickly. We’re experienced in defending clients against these serious allegations.

Close to 55% of the cases of sexual assault involving adults in Harris County in 2024 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. Dismissal was the most common outcome.

Outcome	Percentage of case results
Dismissals	55.7%
Acquittals	.2%
Convictions	29.3%
Deferred adjudication	9.5%
Other outcomes	5.3%

Aggressive Defenses Against Assault Charges in Houston

An arrest never equals guilt. You’re innocent unless proven guilty. And many assault charges stem from exaggerations, misunderstandings, insufficient evidence, or even a desire for retribution. Our Houston team will explore every possible defense, which may include:

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

Each case is unique. We will analyze the evidence in your case and use it to build a customized defense strategy designed to expose weaknesses in the prosecution’s case.

What to Do If You Are Arrested for Assault in Houston

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

You have the right to an attorney – request one immediately
Don’t talk to police officers without a lawyer: Anything you say will be used against you
Exercise your right to remain silent: Do not discuss your case with others, especially during the booking process or while in jail, where conversations are recorded

Avoid contact with the victim, even if he or she lives in the same household
Comply with any 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 Houston Assault Attorney?

A local defense attorney gives you a major advantage. Institutional knowledge and experience matter. Our attorneys have deep roots in the Houston-area legal community and are committed to protecting our neighbors’ rights. We have decades of experience and an established track record of success. Our firm prides itself on meticulous preparation and commitment to clients.

We only hire attorneys with significant legal experience and diverse skill sets. While each is a tough criminal defense lawyer, our teammates also have a wide array of other experiences. Our Houston-area team includes multiple career criminal defense attorneys and a former prosecutor. We also have a former judge and an ex-FBI agent on staff. This wide range of experience offers critical insight into how our opposition will approach your case. We use this to customize our strategy to get you the best possible case outcome.

At our firm, we:

Understand court procedures and know the key personnel in Harris County and the surrounding area, including Brazoria, Montgomery, Fort Bend, Waller, and Galveston counties.
Have established relationships with prosecutors, judges, and court staff
Are familiar with community-specific legal trends and juror dynamics
Offer easy in-person access for urgent questions — we return calls and texts the same business day

Start Building Your Defense Today

One assault charge can derail your life. Don’t try to face this alone. At Michael & Associates, we deliver aggressive, knowledgeable, client-forward, results-driven representation for those who’ve been accused of assault throughout Houston and the surrounding areas.

Call us now for a free consultation.

More Commonly Asked Questions

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 Houston?

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 Houston?

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, certain factors can elevate it to a first-degree felony with more severe penalties. These factors include
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 Harris 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 need immediate help, call 911. These groups provide longer-term resources for families that need assistance.

HARRIS COUNTY RESOURCES
Mental Health America of Greater Houston: 713-715-6935; https://mhahouston.org/mental-health-resources/domestic-violence/
Texas Health and Human Services Family Violence Program: 800-799-SAFE (7233); https://www.hhs.texas.gov/services/family-safety-resources/family-violence-program
Houston Area Women’s Center: 1-800-256-0551; https://hawc.org/
Office of Human Trafficking and Domestic Violence:
https://humantraffickinghouston.org/resources/services-for-domestic-violence-victims/

GALVESTON COUNTY
Resource and Crisis Center of Galveston County: 888-919-SAFE (7233); https://www.rccgc.org/

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 Harris County?

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 about 1.1% of cases make it to trial.

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.

Call for free case review

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

Aggressive Houston, TX Assault Defense Attorney