Assault charges in Texas can encompass a wide range of criminal offenses. It could involve:

• A domestic incident
• A verbal threat
• Showing someone that you have a gun in your possession
• Waving a baseball bat
• Rape
• A shooting
• Sexual assault of a child

You don’t need to injure someone to be charged with assault. Having the intent to injure someone is enough. Even if someone else commits the actual offense, you can face assault charges if you’re the one who initiated it.

Assault cases aren’t always black and white. But what happens in the immediate aftermath is typically straightforward. Someone will probably be arrested. If that someone is you, you need to take immediate action to protect yourself 

Remember that you’re innocent unless proven guilty and that the person who goes to jail isn’t always the one who is at fault. Every story has at least two sides, and you deserve a chance to explain what happened.

Arrests aren’t always immediate. They can happen weeks – or even months – later, long after police bodycam recordings of the incident are erased and you’ve forgotten key details. Many of these cases come down to your word vs. someone else’s.

If you’ve been charged with assault, you must take immediate steps to protect yourself – and your rights. You need the best possible attorney, one that will be your “zealous advocate.”

You need our team at Michael & Associates.

Have You Been Charged with Assault in the San Antonio Area?

San Antonio is the seventh-largest city in the U.S., and the metropolitan area encompasses seven counties. Each has different priorities, prosecutors have different strategies, and backlogs or local politics can affect many case outcomes.

Where your arrest happens could make a difference. Bexar County has a larger population than surrounding areas. That can mean heavy caseloads overworked public defenders who are willing to negotiate. Other counties in the area have smaller caseloads and might be less lenient.

You need an experienced criminal defense attorney.

We know the key players in each county – from judges to prosecutors. We use these contacts to help us fight the charges against you. Each client is our top priority. We carefully investigate the case details against you, review all video footage and police reports, negotiate with prosecutors, and (if it’s a family violence case) work to obtain an Affidavit of Non-Prosecution. This 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.

Our No. 1 goal is to win a dismissal, and you will always be our top priority.

How to Protect Yourself

Any assault charge needs to be taken seriously, and it’s critical to take immediate action to protect yourself. This means contacting a lawyer as soon as possible. The longer you wait, the greater the chance of a costly misstep that could change your case outcome.

We are available 24/7 to help clients throughout the greater San Antonio area. This includes all of Bexar County, plus 

• Kendall County
• Comal County
• Guadalupe County
• Wilson County
• Atascosa County
• Medina County 
• Bandera County

Write down any relevant details and whether the police read your Miranda rights. Use your phone to make audio recordings of as many interactions as possible (yes, this is legal). Gather contact information for any witnesses, and record their version of the incident. 

In addition:

• Don’t answer police questions
• Keep records of all injuries and medical treatment (if needed)
• Save every text, email, and voicemail

Cops are experts at psychological manipulation. They are not your friends. They will use every strategy possible to try to trick you into providing incriminating information.

8 Common Assault Charges in Dallas

Assault in Texas covers everything from family violence to aggravated sexual assault. It can mean something as minor as throwing food at someone – a misdemeanor – or as serious as sexually assaulting a child – which can land you in prison for life.

1. Family Violence (or Domestic Assault)

Family violence was the second most common crime in Texas in 2022, according to the Department of Public Safety. Larceny/Theft topped the list. 

It’s also the most common assault charge we see in the San Antonio area. The area’s high poverty rate (more than 14%) frequently contributes to the problem. It’s so prevalent that there are two dedicated family violence courts.

Texas Family Code, Chapter 71.004 defines family violence as an act by one family or household member against another member of that same family or household with the intent of physical harm, bodily injury, or sexual assault. No physical harm needs to actually take place.

Bexar County’s district attorney is cracking down on misdemeanor family violence. The dismissal rate last year was 79%. About 11% of cases resulted in a conviction, and another 10% got deferred adjudication. Only Harris, Travis, and El Paso counties had higher dismissal rates. It’s more critical than ever that you have the best possible attorney.

When family violence is reported to police, the stakes are high. It goes beyond harming relationships within the family – an arrest can also carry a major social stigma. For example, when Top Chef winner Paul Qui was arrested and charged with assaulting his then-girlfriend in San Antonio, it had a significant impact on his restaurant career. 

And even if police are summoned simply to prevent a fight, someone is almost certainly going to jail – even if the family member doesn’t want to press charges. If that happens, we will work to obtain an Affidavit of Non-Prosecution to help your case. This is a sworn statement by the victim stating that they do not want the defendant to be prosecuted and they want all charges to be dismissed.

Family violence convictions remain on your criminal record for life. If you plead guilty, it cannot be expunged. 

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 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 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 Bexar County in 2023:

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

2. Assault

Some offenses are more obvious than others. Shoving someone in a bar is one obvious example, but you can face assault charges without any physical contact at all. Even a judge can be charged with assault.

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

• Using a frozen armadillo as a weapon
• Throwing Starbucks drinks at a barista
• Spitting

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

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

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

3. Assault by Threat (or Verbal Assault)

If you insult someone in a road rage incident or use a racial slur, it’s considered verbal assault. No physical contact needs to occur.

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 attack a police officer, paramedic, or other public servant while they’re trying to do their job (or you attempt to retaliate against someone who performed an official duty), the charge is upgraded from a simple assault. 

Public servants include:

• Law enforcement officers
• EMTs
• Firefighters
• 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 usually involve serious bodily injuries to another person or using or doing anything that would put someone in fear of bodily harm. These charges are very serious, and you need to contact an attorney as soon as possible.

One man was charged with aggravated assault after firing a gun in the food court at the State Fair of Texas, shooting three people whose injuries were not life-threatening.

Aggravated assault was the fifth most common offense in Texas in 2022, according to the Texas Department of Public Safety. More than 90,000 arrests were made 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 Bexar County in 2023:

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

6. Aggravated Assault with a Deadly Weapon

This is an upgraded aggravated assault that involves using or showing a deadly weapon. In Texas, “deadly weapons” are defined as anything capable of causing serious bodily injury or death – including a shovel. A vehicle can also be considered a deadly weapon.

You don’t need to use the weapon. Just showing that it is in your possession is enough.

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, is defined as sexual activity that occurs without the consent of both parties. There were more than 14,000 rape arrests in Texas in 2022; 240 were in San Antonio.

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

• Physical violence
• Mental or physical illness or incapacitation
• Coercion
• Threats
• Abuse of authority or power

Sexual assault can happen anywhere – at a wellness clinic, 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 Bexar County in 2023:

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

8. Aggravated Sexual Assault

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

Many aggravated sexual assault cases in Texas involve 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 the indecency or sexual assault of a child cases in Bexar County in 2023:

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

What is a Protective Order?

Protective orders and restraining orders are not the same.

• Protective orders are usually issued to restrict the actions of a partner, family member, or household member. They are court-issued injunctions intended to shield household or family members from abuse, stalking, domestic violence, human trafficking, and other forms of harassment. 
• Restraining orders are typically issued in situations that don’t involve family members. They’re based on broader laws regarding threats and harassment. They involve neighbors, co-workers, and other non-domestic relationships. 

Protective orders can be civil or criminal. Criminal protective orders are usually sought by police officers and prosecutors. Civil protective orders are requested by victims or petitioners.

Protective orders are tailored to your domestic situation. They can include requirements such as moving out of a shared residence or amending child custody arrangements. Restraining orders do not usually address these domestic issues.

Depending on the circumstances of the incident, protective orders can also include some of the following measures:

• Mandating a certain distance from the victim’s home, workplace, school, or other specified locations
• Requiring no contact at all with the victim
• Restricting possession or purchase of firearms

It’s even possible that you’ll have to challenge a protective order to access your own home. A few of our clients have had to live in their cars until we could arrange for a protective order to be amended, even though they were the sole owners of the property.

Potential Defense Strategies for Assault Charges in San Antonio

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

We will capitalize on any weaknesses in the case against you.

This can include:

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

Assault vs. Battery

Texas law specifies that assault and battery are technically the same offense, but that isn’t always true in other states, where assault generally refers to a threat of harm and battery is the actual act of harming someone. The Texas Penal Code has combined both 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 adjusts assault laws on a regular basis, 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 San Antonio Defense Team

RC Pate

A Corpus Christi native, RC studied law at the University of Houston. After graduation, he joined the Bexar County District Attorney’s Office. After two and a half years with the opposition, he realized his true calling was defending those accused of crimes.

In 2015, the American Chemical Society designated RC a Lawyer Scientist. He has completed the NHTSA/IACP Standardized Field Sobriety Practitioner course twice. 

Before joining Michael & Associates, RC owned and operated his own criminal defense firm.

Tommy Stolhandske

Born and raised in San Antonio, Tommy was an all-city basketball player at Churchill High School and a member of the men’s basketball team and a three-time All-American while attending Texas Lutheran University in Seguin.

After graduating from St. Mary’s University School of Law, Tommy launched his own practice and shared an office with his father and grandfather.

While serving as a trial court judge, Tommy presided over more than 100 jury trials, the majority of which were DWI and family violence cases.

More Commonly Asked Questions About Assault in San Antonio

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

Two of the key factors in determining whether a defendant will likely face jail time for an assault charge are whether or not the victim was seriously injured during the incident in question or whether the defendant has any criminal history. If our client has little to no criminal history, and there are no serious injuries involved, 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?

“Vehicular Assault” is not a criminal charge in Texas. Using a vehicle as a weapon may result in an aggravated assault charge, but it could also be classified as other types of felonies, including:

• Intoxication Assault
• Criminally Negligent Homicide
• Vehicular manslaughter

How Many Assault Cases Go to Trial in Bexar County?

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

We have offices across Texas and are ready to help 24 hours a day.

We also serve clients in Boerne, Cibolo, Converse, New Braunfels, Helotes, Live Oak, Pleasanton, Schertz, Seguin, and Universal City.