An assault charge in Texas is more serious than many people realize. Depending on the circumstances, what feels like a minor altercation can result in a felony conviction, years in prison, and a permanent criminal record that follows you for the rest of your life. If you have been charged with assault in Dallas, the decisions you make now can determine the outcome of your case.
At Manuel Diaz Law Firm, our assault defense attorneys in Dallas understand how quickly these charges can escalate — and we fight to protect your rights, your record, and your future from the moment you contact us.
Understanding Assault Charges in Texas
Simple Assault
Under Texas Penal Code § 22.01, simple assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another, threatens another with imminent bodily injury, or causes physical contact that is offensive or provocative. Simple assault is generally charged as a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000.
Aggravated Assault
Aggravated assault involves either causing serious bodily injury to another or using or exhibiting a deadly weapon during the commission of the assault. Under Texas Penal Code § 22.02, aggravated assault is generally a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. In certain circumstances — such as assault against a public servant or a family member with a deadly weapon — it can be elevated to a first-degree felony, punishable by 5 to 99 years or life in prison.
Assault Family Violence
When the alleged victim is a family member, household member, or someone the accused is or was in a dating relationship with, the charge becomes Assault Family Violence. This carries additional consequences, including a mandatory protective order, restrictions on firearm possession, and enhanced penalties for repeat offenses — a second offense involving family violence is automatically charged as a third-degree felony.
Possible Defenses to Assault Charges in Texas
Self-Defense
Texas law allows the use of force — including deadly force in certain situations — when a person reasonably believes it is immediately necessary to protect themselves from another’s use of unlawful force. Establishing that you acted in self-defense can result in a full acquittal.
Defense of a Third Person
Similar to self-defense, Texas law permits the use of force to protect someone else from harm, under the same reasonable-belief standard.
False Accusation
Assault allegations — particularly in domestic situations — are sometimes made falsely, out of anger, during custody disputes, or due to misunderstandings. A thorough investigation can uncover inconsistencies in the accuser’s story.
Lack of Intent
Because assault requires intentional, knowing, or reckless conduct, demonstrating that the physical contact was accidental can be a valid defense.
Insufficient Evidence
The prosecution must prove every element of the offense beyond a reasonable doubt. Challenging the credibility of witnesses, the chain of custody of evidence, or inconsistencies in police reports can create reasonable doubt.
Consequences of an Assault Conviction Beyond Jail Time
- A permanent criminal record that can affect employment, housing, and professional licensing
- Loss of the right to own or possess firearms, particularly in family violence cases
- Immigration consequences, including possible deportation for non-citizens
- Mandatory protective orders that restrict contact with the alleged victim
- Difficulty obtaining custody or visitation rights in family court proceedings
What to Do If You Are Charged With Assault in Dallas
Do Not Speak to Police Without an Attorney
Anything you say can and will be used against you. Politely decline to answer questions and request an attorney immediately.
Do Not Contact the Alleged Victim
If a protective order has been issued, any contact — even indirect contact through friends or social media — can result in additional criminal charges, regardless of who initiated the contact.
Document Everything You Remember
Write down everything you recall about the incident, including any witnesses, while the details are fresh.
Contact a Criminal Defense Attorney Immediately
The earlier your attorney becomes involved, the more opportunities exist to gather favorable evidence, interview witnesses, and negotiate with the prosecution before charges are formally filed.
Frequently Asked Questions About Assault Charges in Texas
Can assault charges be dropped in Texas?
In Texas, the decision to prosecute belongs to the District Attorney’s office, not the alleged victim — meaning charges are generally not automatically dropped even if the accuser wants to drop them. However, an attorney can present evidence and negotiate with the prosecutor to seek a dismissal, reduction of charges, or pretrial diversion.
What is the difference between assault and aggravated assault in Texas?
Simple assault involves bodily injury, threats, or offensive contact. Aggravated assault involves serious bodily injury or the use or exhibition of a deadly weapon, and carries significantly harsher penalties as a felony offense.
Will an assault conviction show up on a background check?
Yes. A conviction becomes part of your permanent criminal record and will appear on most background checks unless it is later expunged or sealed through a non-disclosure order, which is not available for most family violence convictions.
Can I get an assault charge expunged in Texas?
If your case was dismissed, you were found not guilty, or you completed certain diversion programs, you may be eligible for expunction. A conviction generally cannot be expunged. An attorney can evaluate your specific case.
How much does an assault defense lawyer cost in Dallas?
Fees vary depending on the severity of the charge and whether the case goes to trial. We offer a free initial consultation to review your case and discuss your options.
Contact an Assault Charges Lawyer in Dallas Today
At Manuel Diaz Law Firm, our Dallas assault defense attorneys move quickly to protect your rights, investigate the circumstances of your arrest, and build the strongest possible defense. Do not wait to get legal representation.
We offer a free initial consultation and serve clients throughout Dallas County, Tarrant County, Denton County, and all of North Texas. We are fully bilingual — hablamos espanol. Call (855) 900-3429 or contact us at diazlf.com.
Manuel Diaz Law Firm
8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247
Serving Dallas County, Tarrant County, Denton County, and all of North Texas
