Assault

Assault Defense Attorney Serving Denton and Collin County

An assault charge in Texas can come from a bar fight, a heated argument at home, a youth sports dispute, or a single moment that was misunderstood. Most assault cases are charged as assault causing bodily injury, a Class A misdemeanor that carries up to a year in jail. But the same incident can become a felony depending on who was involved, how serious the injury was, and whether the State claims a weapon was used.

The Law Office of Al Rowland, PLLC, has represented people accused of crimes in Collin and Denton County since 2015. Attorney Al Rowland is a former police officer and prosecutor, so he knows how assault cases are investigated and charged, and where they tend to be weakest. If you have been arrested for assault in Frisco, McKinney, Plano, Denton, or anywhere in North Texas, call (469) 895-6555 for a free, confidential consultation.

Why You Need an Assault Defense Lawyer

Assault arrests usually happen fast. Officers arrive, hear two different stories, and decide on the spot who to arrest. Statements made in the heat of the moment, 911 calls, and body camera video can all become evidence. By the time you are released on bond, the State has often started building its case, and you may already be under bond conditions or an emergency protective order that keeps you away from your home.

An assault defense lawyer can help in several ways:

Explain the charge, the possible penalties, and any family violence consequences
Ask the court to modify restrictive bond conditions or protective orders
Gather evidence that helps you, such as video, texts, medical records, and witness statements, before it disappears
Challenge the State’s evidence, including statements and recordings it may not be allowed to use
Negotiate with prosecutors for a dismissal, a reduced charge, or a result without a family violence finding
Take your case to trial when that is the right choice

Texas Assault Laws

Texas Penal Code § 22.01 defines assault in three main ways. The law defines “bodily injury” very broadly: it includes physical pain, so the State does not need to prove a visible injury.

Assault causing bodily injury: Intentionally, knowingly, or recklessly causing bodily injury to another person. Usually a Class A misdemeanor.
Assault by threat: Intentionally or knowingly threatening someone with imminent bodily injury. Usually a Class C misdemeanor.
Assault by contact: Physical contact you know or should reasonably believe the other person will find offensive or provocative. Usually a Class C misdemeanor.
Assault family violence: An assault against a family or household member or dating partner. It carries the same base penalty but brings added consequences, including firearm restrictions and limits on sealing your record. Learn more about our domestic violence defense.
Aggravated assault: An assault that causes serious bodily injury or involves using or exhibiting a deadly weapon. Charged under Penal Code § 22.02, usually as a second-degree felony.

Penalties for Assault Charges in Texas

The penalty for assault depends on the type of assault, who the alleged victim is, and your criminal history. General punishment ranges in Texas are:

Class C misdemeanor (assault by threat or contact): Fine of up to $500
Class A misdemeanor (assault causing bodily injury): Up to 1 year in county jail and a fine of up to $4,000
Third-degree felony: 2 to 10 years in prison and a fine of up to $10,000
Second-degree felony (most aggravated assaults): 2 to 20 years in prison and a fine of up to $10,000
First-degree felony (certain aggravated assaults): 5 to 99 years or life in prison and a fine of up to $10,000

Certain circumstances can turn assault causing bodily injury into a third-degree felony, including when:

The alleged victim is a family or household member or dating partner, and you have a prior family violence conviction
The State alleges you impeded a family member’s or dating partner’s breathing or blood circulation, such as by choking
The alleged victim is a public servant, such as a police officer, performing official duties

A conviction can also affect your right to own firearms, your professional licenses, your immigration status, and your job prospects.

Defense Strategies in Texas Assault Cases

Every assault case depends on its own facts, and the strongest defense starts with a close look at the evidence. Depending on your case, defenses may include:

Self-defense or defense of others: Texas law allows you to use force you reasonably believe is immediately necessary to protect yourself or another person.
No bodily injury: The State must prove the alleged victim suffered pain or injury. Inconsistent accounts or a lack of evidence can raise reasonable doubt.
Challenging the level of the charge: Whether an injury was “serious” or an object was used as a “deadly weapon” can be the difference between a misdemeanor and a felony.
Credibility and conflicting accounts: Many assault cases come down to one person’s word against another’s. Video, texts, and independent witnesses often decide them.
Mistaken identity: In crowded places like bars and parties, police sometimes arrest the wrong person.
Constitutional violations: Evidence obtained or statements taken in violation of your rights may be excluded.

Contact a Frisco Assault Defense Lawyer Now

Don’t try to face an assault charge on your own. What happens in the first days and weeks after an arrest can shape the outcome of your case. Contact the Law Office of Al Rowland, PLLC, at (469) 895-6555 or online for a free, confidential consultation. We defend assault charges throughout Collin County and Denton County.