Denton County Assault Bodily Injury Lawyer | Defense Attorney

Assault causing bodily injury is one of the most commonly charged crimes in Denton County, and a conviction can result in jail time, steep fines, and a permanent criminal record. If you’ve been arrested for assault bodily injury in Denton, Lewisville, Flower Mound, or anywhere else in Denton County, your freedom and future are on the line. The experienced Denton County assault lawyers at Varghese Summersett have secured more than 96 assault dismissals and dozens of charge reductions throughout Texas. We know how to fight these charges and protect your rights.

An assault arrest can happen quickly, often based on one person’s account of events. Police are trained to make an arrest first and let prosecutors sort it out later. That means you could be facing serious charges even if you were acting in self-defense, were falsely accused, or were involved in a mutual altercation. What happens next depends on the quality of your legal defense.

What Is Assault Causing Bodily Injury Under Texas Law?

Under Texas Penal Code § 22.01(a)(1), a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person. “Bodily injury” is defined broadly to include any physical pain, illness, or impairment of physical condition. This means even minor injuries like bruising, scratches, or soreness can support an assault charge.

You don’t have to leave a visible mark to be charged. Prosecutors routinely file assault bodily injury cases based on the alleged victim’s claim that they experienced pain, even if there’s no documented injury. This low threshold makes these charges common but also creates opportunities for defense.

The Difference Between Assault and Aggravated Assault

Simple assault causing bodily injury is a misdemeanor offense. However, if serious bodily injury occurs or a deadly weapon is used, the charge escalates to aggravated assault, which is a second-degree felony. Serious bodily injury means an injury that creates a substantial risk of death, causes permanent disfigurement, or results in prolonged loss of a bodily function.

Penalties for Assault Bodily Injury in Texas

The penalties for assault causing bodily injury depend on the circumstances of the offense, your criminal history, and who the alleged victim is.

Class A Misdemeanor (Standard Assault Bodily Injury): Up to 1 year in the Denton County Jail, fines up to $4,000, and a permanent criminal record.

Third-Degree Felony (Assault Family Violence with Prior Conviction): If you have a prior conviction for assault against a family or household member, a new assault family violence charge becomes a third-degree felony punishable by 2 to 10 years in prison and fines up to $10,000.

Third-Degree Felony (Assault Against Certain Victims): Assault against a public servant, security officer, emergency services personnel, or certain other protected individuals is also a third-degree felony under Texas Penal Code § 22.01(b).

Beyond these direct penalties, an assault conviction creates collateral consequences that follow you for years. You may lose your right to possess firearms under federal law, face difficulties finding employment or housing, and suffer damage to child custody arrangements in family court.

If you’re facing assault charges in Denton County, don’t wait to get help. Call (940) 252-2220 to schedule a free consultation with a defense attorney who will fight for your future.

What to Expect for Bond in Denton County Assault Cases

If you’re arrested for assault bodily injury in Denton County, one of your first concerns will be getting out of jail. Bond amounts vary based on the specific charge, your criminal history, and the circumstances of the alleged offense.

Based on our analysis of Texas bond data for assault offenses under Texas Penal Code § 22.01(a)(1), the most common bond set for assault causing bodily injury is $1,000 to $2,500 for a standard misdemeanor case. Average bond amounts are slightly higher at approximately $2,000 due to cases with aggravating factors.

For assault family member causing bodily injury, bonds typically start around $1,000 for first-time offenders with no aggravating circumstances. If the charge involves impeding breath or circulation, which is a third-degree felony, the most common bond jumps to $10,000, with average bonds exceeding $13,000.

If you have a prior conviction for assault family violence, making the current charge a felony, expect bond amounts around $10,000 to $15,000 or higher. Judges in Denton County also frequently impose protective orders and other bond conditions that restrict contact with the alleged victim.

Our Denton County criminal defense attorneys can help you understand your bond conditions and work to get you released as quickly as possible so you can begin preparing your defense.

Common Defenses to Assault Bodily Injury Charges

Just because you’ve been charged doesn’t mean you’ll be convicted. There are several effective defenses to assault bodily injury charges, and the right strategy depends on the specific facts of your case.

Self-Defense

Texas law allows you to use reasonable force to protect yourself from another person’s use or attempted use of unlawful force. If you were defending yourself from an attack or a credible threat, self-defense may be a complete defense to the assault charge. The key is demonstrating that your response was proportionate to the threat you faced.

Defense of Others

Similar to self-defense, you have the right to use reasonable force to protect a third party from unlawful harm. If you stepped in to protect someone else who was being attacked or threatened, this defense may apply.

False Accusations

Assault charges, particularly in domestic situations, are frequently based on false or exaggerated claims. The alleged victim may have a motive to lie, such as gaining an advantage in a divorce or custody dispute, seeking revenge after a breakup, or covering up their own bad behavior. Our attorneys know how to investigate these motivations and expose inconsistencies in the accuser’s story.

Lack of Bodily Injury

The prosecution must prove that the alleged victim suffered bodily injury, meaning physical pain or impairment. If there’s no medical documentation, no visible injury, and no credible evidence of pain, we may be able to challenge whether an assault actually occurred.

Accident or Lack of Intent

Under Texas Penal Code § 22.01, assault requires that the defendant acted intentionally, knowingly, or recklessly. If the contact was purely accidental with no culpable mental state, you may have a defense.

How Varghese Summersett Defends Assault Cases

Our approach to defending assault bodily injury charges is aggressive and thorough. We understand what’s at stake and we don’t leave anything to chance.

Case Investigation: We start by gathering all available evidence, including police reports, witness statements, photographs, medical records, and any video footage. We look for inconsistencies, bias, and gaps in the prosecution’s case.

Witness Interviews: Our team interviews witnesses to understand what actually happened. Often, the state’s version of events is incomplete or one-sided.

Expert Analysis: When appropriate, we work with forensic experts, medical professionals, and other specialists to challenge the prosecution’s evidence or support your defense.

Negotiation: Many assault cases can be resolved short of trial through skilled negotiation. We work to get charges reduced or dismissed whenever possible. In one recent case in Tarrant County, our attorneys secured a reduction of a Continuous Family Violence felony charge to a Class C Assault by Contact with just 6 months of deferred adjudication.

Trial: If the prosecution won’t offer an acceptable resolution, we’re prepared to take your case to trial. Our firm includes a former prosecutor who knows how the other side builds their cases and how to dismantle them.

Don’t face assault charges alone. Call (940) 252-2220 today to schedule a free consultation with a Denton County assault defense lawyer.

Real Case Results in Assault Cases

While past results don’t guarantee future outcomes, our track record demonstrates our commitment to fighting for the best possible result in every case.

In one case, our attorneys represented a client charged with Assault Family Member/Household Member with Previous Conviction in Tarrant County. This was a third-degree felony that carried up to 10 years in prison. The prosecution’s case relied heavily on the alleged victim’s statement, but our investigation revealed significant inconsistencies. We challenged the evidence and ultimately secured a complete dismissal of the felony charge.

In another matter, a client faced misdemeanor assault bodily injury charges stemming from an altercation where our client was actually the victim. Through thorough investigation and witness interviews, we demonstrated that our client had acted in self-defense. The case was dismissed.

We’ve secured more than 53 dismissals in assault bodily injury cases and 43 dismissals in assault family violence cases, plus dozens more through charge reductions and deferred prosecution programs. Every case is different, but our goal is always the same: to protect your rights and fight for your future.

What Happens After an Assault Arrest in Denton County

If you’ve been arrested for assault bodily injury in Denton County, here’s what you can expect in the criminal justice process:

Arrest and Booking: After your arrest, you’ll be taken to the Denton County Jail for booking. This includes fingerprinting, photographing, and entering your information into the system.

Magistration: Within 48 hours of arrest, you’ll appear before a magistrate who will inform you of the charges, set your bond, and advise you of your rights. This is also when protective orders may be issued in family violence cases.

Bond and Release: Once bond is set, you can post bail and be released. A bondsman typically charges 10% of the bond amount. If you can’t make bond, you’ll remain in custody until your case is resolved.

Investigation and Discovery: After hiring an attorney, we’ll begin investigating your case and obtaining discovery from the prosecution. This includes police reports, witness statements, and any physical evidence.

Pretrial Negotiations: Many cases are resolved through pretrial negotiations. We’ll work to get charges reduced or dismissed, or to negotiate favorable plea terms if that’s in your best interest.

Trial: If your case can’t be resolved through negotiation, it will proceed to trial. In Denton County, misdemeanor cases are heard in the County Courts at Law, while felony cases are heard in the District Courts.

Throughout this process, you need an experienced Denton County defense lawyer advocating for you at every stage.

Why Choose Varghese Summersett

When your freedom is on the line, you need a law firm with the resources, experience, and track record to fight for you. Here’s what sets Varghese Summersett apart:

Proven Results: We’ve secured more than 1,600 dismissals and 800 charge reductions throughout Texas. Our assault defense results include 96+ dismissals across all assault charge types.

Former Prosecutors: Several of our attorneys are former prosecutors who understand how the state builds assault cases and where their weaknesses lie.

Board Certified Specialists: Our team includes attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by less than 1% of Texas lawyers.

Resources to Fight: With more than 70 team members across four Texas offices, we have the resources to thoroughly investigate your case and build the strongest possible defense.

Offices Across Texas: While we have offices in Fort Worth, Dallas, Houston, and Southlake, we regularly handle cases throughout North Texas, including Denton County.

Frequently Asked Questions

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

In Texas, the prosecutor decides whether to pursue charges, not the alleged victim. While a victim’s reluctance to cooperate can affect the case, prosecutors often proceed anyway using other evidence like 911 calls, police observations, and photographs. However, a victim’s unwillingness to testify can be a factor in negotiating a dismissal or reduction.

Will I go to jail for assault bodily injury in Denton County?

Jail time is possible but not automatic. For a Class A misdemeanor assault, you could face up to one year in jail. However, many first-time offenders receive probation, deferred adjudication, or other alternatives to incarceration. The outcome depends on your criminal history, the circumstances of the offense, and the quality of your defense.

What’s the difference between assault bodily injury and assault family violence?

Assault bodily injury becomes assault family violence when the alleged victim is a family member, household member, or someone with whom you have or had a dating relationship. The penalties are similar for a first offense, but assault family violence carries additional consequences including firearm restrictions and enhanced penalties for any future family violence offense.

Can I get an assault charge expunged from my record?

If your assault charge is dismissed or you’re found not guilty, you may be eligible for expunction, which removes the arrest from your record. If you receive deferred adjudication, you may qualify for a nondisclosure order after successfully completing probation. Our attorneys can advise you on record clearing options based on your specific situation.

How long does an assault case take in Denton County?

The timeline varies depending on the complexity of the case and court schedules. Simple misdemeanor assault cases may resolve in 2 to 4 months, while more complex cases or those going to trial can take 6 months to a year or longer. Our attorneys work to resolve cases as efficiently as possible while still achieving the best outcome.

Get Help From a Denton County Assault Lawyer Today

An assault bodily injury charge is serious, but it doesn’t have to define your future. With the right defense, charges can be reduced, dismissed, or defeated at trial. The key is acting quickly and hiring an attorney who knows how to fight.

Varghese Summersett has the experience, resources, and track record to defend you against assault charges in Denton County. We offer free consultations and are available 24/7 to take your call. Don’t wait. Call (940) 252-2220 now to speak with a Denton County assault bodily injury lawyer who will protect your rights and fight for the best possible outcome.