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

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

In a heated moment, even a seemingly minor disagreement can quickly spiral into criminal charges. If you’ve been arrested for assault in San Antonio, your freedom and future are on the line. You need a law firm with a reputation for getting results. At Michael & Associates, we’re ready to take immediate action. Our assault defense attorneys are available 24/7 to protect your rights. We can start building your defense immediately.

Any assault charge in San Antonio should be treated as a serious threat to your record, your livelihood, and your freedom. Prosecutors are aggressive and have plenty of resources, and they will use all of those resources against you. You need a defense team that’s every bit as determined to win. Our firm defends clients throughout Bexar County and the surrounding communities, including New Braunfels, Boerne, Seguin, Schertz, and Universal City, plus Atascosa, Bandera, Comal, Kendall, and Medina counties.

Types of Assault Charges We Handle in San Antonio

Many people think assault must involve physical violence. In reality, Texas law includes a wide range of actions, even threats or unwanted physical contact, under the umbrella of assault. We’ve seen cases stem from everything from throwing a tub of butter and threatening someone with a golf club to biting and spitting.

We have extensive experience defending all types of assault charges in San Antonio:

Simple Assault

Under Texas law, simple assault can include:

Causing bodily injury to someone else
Threatening to cause harm
Offensive or provocative physical contact

Penalties for a conviction range from fines to jail time, and the consequences become more severe if the alleged victim is a public servant, an elderly individual, or a family member. Our attorneys will examine the details of your case and fight to have your charges reduced or dismissed whenever possible.

About 67% of assault cases in Bexar 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	54.4%
Acquittals	1%
Convictions	28%
Deferred adjudication	10.6%
Other outcomes	6%

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 charges apply when an incident involves a serious injury or the use of a deadly weapon.

Close to 58% of aggravated assault cases in Bexar 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	29.5%
Acquittals	.6%
Convictions	26.3%
Deferred adjudication	24.9%
Other outcomes	18.7%

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

Domestic Violence (Family Violence)

Accusations involving harm or threats against a spouse, partner, or another household member fall under Texas’s family violence laws.

These cases have serious ramifications, including social stigma, the potential for a protective order, and the possibility of losing access to your home. We approach these sensitive cases with both skill and compassion, helping clients navigate complex family dynamics while

mounting a zealous defense.

Close to 72% of family assault cases in Bexar 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	53.1%
Acquittals	.3%
Convictions	15.6%
Deferred adjudication	15.7%
Other outcomes	15.2%

Sexual and Aggravated Sexual Assault

Sexual assault cases involve some of the most serious charges you can face. When the allegations involve threats, injury, or weapons, the charge can be elevated to aggravated sexual assault. You may also be required to register as a sex offender.

Just under half of the cases of sexual assault involving adults in Bexar 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	32.8%
Acquittals	12%
Convictions	25.4%
Deferred adjudication	16.4%
Other outcomes	13.4%

Strategic Defense Against Assault Charges in San Antonio

An arrest does not equal a conviction. Many assault cases arise from exaggerations, false accusations, or murky facts. Our defense strategies in San Antonio may include:

False accusations
Acting in self-defense or defense of others
Acting while under duress
Taking necessary actions
Lack of intent
Mutual combat
Mistaken identity
Mental health defenses

Every case is different. We thoroughly review the facts and craft a tailored defense that challenges the prosecution’s narrative and evidence.

What to Do If You’ve Been Arrested for Assault in San Antonio

If you’ve been arrested, you must take immediate action to protect yourself.

Ask for an attorney right away
Don’t speak to the police without legal counsel
Exercise your right to remain silent — don’t discuss your case with anyone except your attorney
Stay away from the alleged victim, even if you live together
Follow all court-issued protective orders

Call our team at Michael & Associates as soon as possible. Early action can make a major difference in your case.

Why Choose a Local San Antonio Assault Attorney?

Hiring a local defense attorney gives you a major edge. We know how Bexar County courts operate, from courtroom procedures to juror dynamics. Our attorneys are respected in the local legal community and have a deep understanding of the unique factors that influence cases in San Antonio.

Our team in San Antonio includes a former judge and at least one former prosecutor. We also have an ex-FBI agent on our team. This wide range of backgrounds gives us unique insight into how the other side builds cases, and how to counter them.

When you hire us, you get:

Attorneys who know the Bexar County court system
Relationships with local prosecutors, judges, and court staff
In-person availability for urgent questions or updates
Fast, clear communication – we return calls and texts the same business day

Start Building Your Defense Now

An assault charge can derail your life. Don’t wait to get the help you need. At Michael & Associates, we deliver aggressive, smart, and client-focused representation for those accused of assault in San Antonio and surrounding areas.

Call us today for a free consultation. We’re here to fight for you.

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 San Antonio?

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 San Antonio?

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 Bexar County?

In Texas, aggravated assault refers to assault offenses that 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. Still, they’re all typically considered felony offenses that include significant fines and some jail time.

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, please call 911. The following organizations provide longer-term assistance in the San Antonio area:

BEXAR COUNTY RESOURCES
Bexar County Family Justice Center: (210) 631-0100; bcfjc.org
Family Violence Prevention Services: (210) 930-3669; fvps.org
San Antonio Police Department Victim Advocacy: (210) 207-7273; sa.gov
YWCA San Antonio: ywca.org

NATIONAL RESOURCES

National Domestic Violence Hotline: 1-800-799-SAFE (7233): thehotline.org
National Sexual Assault Hotline (RAINN): 1-800-656-HOPE (4673); rainn.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 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%.

More Bexar County Resources

How to visit an inmate in Bexar County

How to get someone out of jail in Bexar County

How much is bail in Bexar County?

Bexar County warrant search: How to find out if you have one

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

Fierce San Antonio TX Assault Defense Attorney