Every Dallas Assault Charge Explained (with Defenses)

Dallas Assault Lawyer: Aggressive Defense When Your Future Is at Stake

A Dallas assault lawyer defends people charged with assault by challenging evidence, negotiating with prosecutors, and fighting for dismissals or reduced charges. At Varghese Summersett, we’ve secured more than 1,600 dismissals and 800 charge reductions in criminal cases across North Texas. If you’re facing assault charges in Dallas County, your case deserves this level of experience.

Most assault cases share two things in common: anger and regret. Once things calm down and cooler heads prevail, most people wish they could turn back time. Unfortunately, neither life nor the law works that way. Even if the alleged victim doesn’t want to press charges, Dallas prosecutors commonly push forward. It takes an unwavering defense lawyer to push back hard enough to get the right result.

Assault charges can follow you for the rest of your life. A conviction can prevent you from getting jobs, obtaining loans, or possessing firearms. That’s why you need to contact an experienced Dallas assault lawyer immediately after your arrest to understand what to expect and how to protect your future.

What Constitutes Assault Under Texas Law?

Assault encompasses a wide range of conduct under Texas Penal Code Chapter 22. The offense can be as simple as threatening to beat someone up or as serious as sending someone to the hospital with grave injuries. The severity of your charge depends on three factors: your mental state at the time, the extent of injury (or threat of injury), and characteristics of the alleged victim such as their age, health, or occupation.

Assault Charges and Penalties in Dallas

Offense	Level	Penal Code Section	Punishment
Assault by Threat	Class C Misdemeanor	§ 22.01(a)(2)	Up to $500 fine
Assault by Contact	Class C Misdemeanor	§ 22.01(a)(3)	Up to $500 fine
Assault Bodily Injury (ABI)	Class A Misdemeanor	§ 22.01(a)(1)	Up to 1 year in jail and $4,000 fine
Assault Bodily Injury Against Family Member	Class A Misdemeanor	§ 22.01(a)(1)	Up to 1 year in jail and $4,000 fine
Aggravated Assault	Second Degree Felony	§ 22.02(a)	2 to 20 years in prison and up to $10,000 fine
Aggravated Assault (Enhanced)	First Degree Felony	§ 22.02(b)	Up to life in prison and $10,000 fine
Aggravated Assault Against Family Member	Second Degree Felony	§ 22.02(a)	Up to 20 years in prison and $10,000 fine
Aggravated Assault Against Family Member (with deadly weapon)	First Degree Felony	§ 22.02(b)(1)	5 years to life in prison and $10,000 fine
Continuous Family Violence	Third Degree Felony	§ 25.11	2 to 10 years in prison and $10,000 fine
Assault by Strangulation (Family Member)	Third Degree Felony	§ 22.01(b)(2)(B)	2 to 10 years in prison and $10,000 fine
Assault by Strangulation (Second Offense)	Second Degree Felony	§ 22.01(b-3)	2 to 20 years in prison and $10,000 fine
Injury to Elderly/Disabled Person	State Jail to First Degree Felony	§ 22.04	Varies based on intent and injury
Assault on Public Servant/Officer/Judge	Third Degree Felony	§ 22.01(b)(1)	2 to 10 years in prison and $10,000 fine

What Are the Different Types of Misdemeanor Assault?

Texas recognizes four categories of misdemeanor assault. Understanding which one applies to your case helps you grasp the potential consequences and defense strategies.

Assault by Threat (Texas Penal Code § 22.01(a)(2))

Offense Level: Class C Misdemeanor

Assault by threat occurs when someone intentionally or knowingly threatens a person with imminent bodily injury. This threat can be verbal or non-verbal. For example, threatening to beat up a neighbor during a disagreement over a fence could result in this charge.

The punishment is limited to a $500 fine with no jail time. However, a conviction still creates a permanent criminal record. A Dallas assault lawyer can help you resolve the case in a way that keeps it off your record through deferred adjudication or dismissal.

Assault by Contact (Texas Penal Code § 22.01(a)(3))

Offense Level: Class C Misdemeanor

Assault by contact happens when someone intentionally or knowingly causes physical contact that the other person finds offensive or provocative. Spitting in someone’s face during an altercation at a sporting event is a common example.

Like assault by threat, this carries a maximum $500 fine without jail time. The real concern is the criminal record that could follow you when applying for jobs or professional licenses.

Assault Bodily Injury (Texas Penal Code § 22.01(a)(1))

Offense Level: Class A Misdemeanor

Assault bodily injury (ABI) occurs when someone intentionally, knowingly, or recklessly causes bodily injury to another person. The injury doesn’t have to be severe. Pushing someone down during an altercation and causing skinned elbows qualifies.

This is punishable by up to one year in jail and a $4,000 fine. Because of these serious consequences, securing experienced legal representation is essential.

Assault Bodily Injury Against a Family Member (Texas Penal Code § 22.01(a)(1))

Offense Level: Class A Misdemeanor

This charge applies when someone causes bodily injury to a family member, household member, or dating partner. Forcefully grabbing a spouse’s arm during an argument and causing pain could result in this charge.

The punishment mirrors standard ABI with up to one year in jail and a $4,000 fine. However, a family violence conviction carries additional consequences: you lose your right to possess firearms under federal law, and a second offense automatically becomes a felony.

Talk to a Dallas assault lawyer before speaking with police. What you say can be used against you, and early legal guidance often makes the difference between a dismissal and a conviction. Call 214-903-4000 for a free consultation.

What Elevates Assault to a Felony in Texas?

A misdemeanor assault charge becomes a felony under several circumstances: when the assault causes injury to specific categories of victims (police officers, judges, pregnant women), when serious bodily injury results, when a deadly weapon is used, or when the assault involves repeated acts of family violence.

Aggravated Assault (Texas Penal Code § 22.02(a))

Offense Level: Second Degree Felony

Aggravated assault occurs when a person intentionally, knowingly, or recklessly causes serious bodily injury, or uses or exhibits a deadly weapon during any assault. Pointing a gun at another driver and threatening to shoot during a road rage incident is a prime example.

The base punishment is 2 to 20 years in prison and up to a $10,000 fine. However, if the aggravated assault is committed against a security officer, public servant, witness, intimate partner, or involves discharging a firearm from a vehicle toward an occupied building, it becomes a first-degree felony punishable by up to life in prison.

Aggravated Assault Against a Family Member (Texas Penal Code § 22.02)

Offense Level: Second Degree Felony (First Degree with deadly weapon)

This charge applies when aggravated assault is committed against a current or former dating partner, family member, or spouse. Hospitalizing an ex-girlfriend after striking her with or against an object would qualify.

The standard punishment is up to 20 years in prison and a $10,000 fine. If a deadly weapon caused injury, the charge elevates to a first-degree felony with a punishment range of 5 years to life in prison.

Continuous Family Violence (Texas Penal Code § 25.11)

Offense Level: Third Degree Felony

This offense occurs when someone commits assault against a family member at least twice within a 12-month period. Critically, prosecutors can pursue this charge even if the prior assaults never resulted in an arrest or conviction, and the assaults don’t have to involve the same victim.

Punishment ranges from 2 to 10 years in prison and up to a $10,000 fine.

Assault by Strangulation (Texas Penal Code § 22.01(b)(2)(B))

Offense Level: Third Degree Felony (Second Degree for subsequent offense)

Also called “assault impeding breath,” this occurs when someone impedes another person’s normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth. Squeezing a spouse’s throat during an altercation or covering their face with a pillow qualifies.

A first offense carries 2 to 10 years in prison and up to a $10,000 fine. If you already have a family violence conviction, it automatically becomes a second-degree felony with 2 to 20 years in prison.

Injury to an Elderly or Disabled Person (Texas Penal Code § 22.04)

Offense Level: State Jail Felony to First Degree Felony

This offense applies when someone causes serious bodily injury, serious mental deficiency or impairment, or bodily injury to a child, elderly individual, or disabled person. The conduct can be intentional, knowing, reckless, or criminally negligent.

The punishment varies dramatically based on the defendant’s mental state and the severity of injuries, ranging from a state jail felony to a first-degree felony.

Enhanced Assault Against Public Servants (Texas Penal Code § 22.01(b)(1))

Offense Level: Third Degree Felony

Assault charges are automatically enhanced when the victim belongs to a protected category: public servants, government contractors, security officers, emergency personnel, pregnant women, peace officers, or judges. Kicking a police officer during a street protest would trigger this enhancement.

The punishment is 2 to 10 years in prison and up to a $10,000 fine.

Watch: Aggravated Assault in Texas Explained

What Are the Best Defenses to Assault Charges?

Texas law provides several powerful defenses to assault charges. The right defense depends on the specific facts of your case, which is why working with an experienced Dallas assault lawyer is critical.

Self-Defense (Texas Penal Code § 9.31)

You are justified in using force when you reasonably believe it is immediately necessary to protect yourself against another person’s use or attempted use of unlawful force. To establish this defense, you must show that you reasonably believed you were in immediate danger, that force was necessary to protect yourself, and that the amount of force used was reasonable given the circumstances.

Defense of Others (Texas Penal Code § 9.33)

Similar to self-defense, you may be justified in using force to protect a third person. This defense requires showing that you reasonably believed intervention was immediately necessary to protect someone else, that you would have been justified in using force to protect yourself in the same situation, and that your intervention was necessary.

Defense of Property (Texas Penal Code § 9.41)

Texas law allows the use of reasonable force to protect your property from theft or criminal mischief. The force used must be proportional to the threat.

Lack of Intent

Assault charges require proving specific mental states: that the defendant acted intentionally, knowingly, or recklessly. If the contact was truly accidental, this can serve as a complete defense to the charges.

Mutual Combat or Consent

In some cases, both parties agreed to engage in the physical confrontation. While not always a complete defense, this can be a significant mitigating factor, particularly in cases involving sporting events or other controlled environments.

False Allegations

Unfortunately, some assault allegations are fabricated. Common motivations include custody disputes, divorce proceedings, revenge, personal gain, or attention-seeking behavior. A thorough investigation can often reveal inconsistencies that undermine false accusations.

Mistaken Identity

In chaotic situations or poor lighting conditions, witnesses may identify the wrong person. This defense applies when identification procedures were flawed, witness descriptions conflict, or evidence places you elsewhere at the time.

Insufficient Evidence

Prosecutors must prove every element of an assault charge beyond a reasonable doubt. Common evidence problems include lack of witnesses, inconsistent statements, no physical evidence, unreliable witness testimony, missing video footage, or chain of custody issues.

How a Dallas Assault Case Was Resolved

In a recent Dallas County assault family violence case, our client faced Class A misdemeanor charges that could have resulted in up to one year in jail and a family violence finding that would have cost him his right to possess firearms. Attorney Ashley Feldt negotiated a resolution of 7 months deferred adjudication with the family violence finding dropped. Upon successful completion, the client will be eligible to have the case sealed from his record.

Disclaimer: Past results don’t guarantee future outcomes. Every case is different.

Frequently Asked Questions About Dallas Assault Charges

Can assault charges be dropped if the victim doesn’t want to press charges?

The victim does not control whether charges proceed. In Texas, prosecutors decide whether to pursue assault cases. Even when victims refuse to cooperate or ask for charges to be dropped, Dallas prosecutors frequently move forward. However, an uncooperative victim can weaken the state’s case, and an experienced defense lawyer can use this to negotiate a dismissal or favorable resolution.

What happens if this is my first assault charge?

First-time offenders often have more options available. Depending on the circumstances, you may qualify for pretrial diversion, deferred adjudication, or a negotiated dismissal. These outcomes can keep a conviction off your permanent record. However, none of these results happen automatically. You need skilled legal representation to pursue them.

Will I lose my gun rights if convicted of assault family violence?

Yes. Under federal law (18 U.S.C. § 922(g)(9)), a conviction for misdemeanor domestic violence makes it illegal to possess firearms or ammunition. This applies even to Class A misdemeanor assault family violence convictions in Texas. This is one reason why avoiding the family violence designation is so important in plea negotiations.

How long does an assault case take to resolve in Dallas?

Dallas County assault cases typically take 3 to 12 months to resolve, depending on complexity. Misdemeanor cases generally move faster than felonies. Cases going to trial take longer than negotiated pleas. Factors like witness availability, evidence review, and court scheduling all affect the timeline.

Can I get an assault charge expunged from my record?

If your case is dismissed or you’re acquitted, you may be eligible for expunction, which completely erases the arrest from your record. If you receive deferred adjudication and successfully complete probation, you may qualify for a nondisclosure order that seals the record from most public access. Learn more about how to beat Dallas assault charges.

Why Choose Varghese Summersett for Your Dallas Assault Case?

At Varghese Summersett, we bring decades of combined experience to every assault case we handle. Our team of more than 70 legal professionals includes former prosecutors who understand how the other side thinks. We’ve secured more than 1,600 dismissals and 800 charge reductions because we know how to build winning defense strategies.

We maintain four offices across North Texas in Fort Worth, Dallas, Houston, and Southlake, giving us deep knowledge of local courts and prosecutors. Our attorneys include board-certified specialists in criminal law who bring the highest level of expertise to your defense.

Schedule a free consultation today. When your family, finances, and freedom are at stake, don’t leave anything to chance. Call 214-903-4000 to speak with a skilled Dallas assault lawyer.