Dallas Assault Lawyer | Assault Defense

Dallas Assault Lawyer Serving All of Dallas County

One of the most frustrating aspects of assault charges in Dallas is that even if the alleged victim doesn’t want to press charges, the police and prosecutors commonly push forward. It takes an unwavering Dallas assault lawyer to push back hard enough to get to the right result – which for us means avoiding time in custody and avoiding a conviction.

Most assault cases have two things in common: anger and regret. Once things calm down and cooler heads prevail, most people wish they could turn back time, do things differently. Unfortunately, neither life nor the law works like that.

Assault charges can be very serious and follow you for the rest of your life. That’s why it’s imperative to contact an experienced Dallas assault lawyer as soon as possible to find out what to expect and how to move forward after your arrest. Depending on the degree and severity of the charge, your future and, possibly, your freedom could be at stake.

In this article, we explain the types of misdemeanor and felony assault charges in Texas, as well as potential consequences and possible defenses. We’ve had decades of experience handling North Texas assault cases and we will work diligently to find the best possible strategy and outcome for you.

What constitutes assault in Dallas?

Assault encompasses a wide array of conduct under Texas Penal Code Chapter 22. Assault can be as simple as threatening to beat someone up or as serious as sending someone to the hospital with grave injuries. The degree and severity of the charge depend on the defendant’s mental state, the extent of the injury or threat of injury, and the characteristics of the alleged victim, such as their age and health.

Assault Charges 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 (ABI-FM)	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 (Family Member, 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 Felony 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

Misdemeanor Assault in Texas

There are four basic categories of misdemeanor assault in Texas:

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

Offense Level: Class C Misdemeanor
The Crime: Assault by threat occurs when someone intentionally or knowingly threatens a person with imminent bodily injury – this can be verbal or non-verbal.
Example: Threatening to beat up a neighbor during a disagreement over a fence
The Consequences: Assault by threat is punishable by up to a $500 fine. While jail time isn’t a punishment, you could still be left with an assault conviction on your record. A Dallas assault lawyer can help you resolve the case in a manner that will keep it off of your permanent record.

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

Offense Level: Class C Misdemeanor
The Crime: Assault by contact occurs when someone intentionally or knowingly causes physical contact with another that is offensive or provocative.
Example: Spitting in someone’s face during an altercation at a sporting event
The Consequences: Assault by contact is punishable by a maximum $500 fine. While jail time is not possible, it could leave a conviction on your record if it is not settled in a way that will keep your record clean.

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

Offense Level: Class A Misdemeanor
The Crime: Assault bodily injury occurs when someone intentionally, knowingly or recklessly causes bodily injury to another person.
Example: Pushing down a person during an altercation causing them to skin their elbows and knees
The Consequences: Assault bodily injury is punishable by up to a year in jail and a maximum $4,000 fine.

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

Offense Level: Class A Misdemeanor
The Crime: Assault bodily injury against a family member occurs when someone intentionally, knowingly, or recklessly causes bodily injury to a family member.
Example: Forcefully grabbing a spouse’s arm during an altercation, causing pain
The Consequences: Assault bodily injury against a family member is punishable by up to a year in jail and a maximum $4000 fine.

Felony Assault Charges in Texas

A misdemeanor assault charge can be elevated to a felony if the assault caused injury to a specific category of victims, such as police officers or judges. You can also be charged with felony assault if serious bodily injury was intentionally caused; if a deadly weapon was used or threatened; or if the assault involved repeated acts of family violence.

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

Offense Level: Second Degree Felony
The Crime: Aggravated assault occurs when a person:

• intentionally, knowingly or recklessly cause serious bodily injury to another person; or
• uses or exhibits a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim will likely find offensive.

Example: Pointing a gun at another driver and threatening to shoot during a road rage incident
The Consequences: Aggravated assault is punishable by 2 to 20 years in prison and a maximum $10,000 fine. However, if the aggravated assault is committed against a security officer, a public servant, a witness in a court case, an intimate partner, or if it involved discharging a firearm out of a vehicle and towards an occupied building or other vehicle the charge can be enhanced to 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)
The Crime: Aggravated assault against a family member occurs when an individual commits aggravated assault against a person he or she is dating, previously dated, someone in their family or a spouse.
Example: Hospitalizing an ex-girlfriend after striking her with or against an object
The Consequences: Generally a second degree felony punishable by up to 20 years in prison and a maximum $10,000 fine. The charge can be elevated to a first-degree felony, punishable by 5 years to up to life in prison and a maximum $10,000 fine, if a deadly weapon or injuries were involved.

Continuous Family Violence (Texas Penal Code § 25.11)

Offense Level: Third Degree Felony
The Crime: Continuous family violence occurs when an individual commits assault against a family member at least twice within a 12-month period. A person can be convicted even if the prior assaults did not result in a conviction or arrest. The assaults also do not have to have been committed against the same victim.
Example: Hitting a girlfriend in the face twice within a year
The Consequences: Continuous family violence is punishable by 2 to 10 years in prison and a maximum $10,000 fine.

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

Offense Level: Third Degree Felony (Second Degree for subsequent offense)
The Crime: Assault by strangulation against a family member, also called assault impeding breath, occurs when a person intentionally, knowingly or recklessly impedes the normal breathing or circulation of the blood of another person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
Example: Squeezing the throat of a spouse during an altercation or covering their face with a pillow during an altercation
The Consequences: Generally, a first-time offense is punishable by 2 to 10 years in prison and a maximum $10,000 fine. However, if you already have a family violence conviction on record, it is automatically elevated to a second-degree felony, punishable by 2 to 20 years in prison and a maximum $10,000 fine.

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

Offense Level: State Jail Felony to First Degree Felony
The Crime: A person commits this offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, causes a child, elderly individual, or disabled individual serious bodily injury; serious mental deficiency, impairment, or injury; or bodily injury.
Example: A passenger punching an elderly bus driver during a dispute on the bus
The Consequences: The punishment range varies from a state jail felony to a first-degree felony based on the intent of the alleged offender and the extent of injuries sustained by the alleged victim.

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

Offense Level: Third Degree Felony
The Crime: Enhanced assaults occur when a person intentionally, knowingly or recklessly causes bodily injury to a specific category of people, including public servants, government contractors, security officers, emergency personnel, pregnant women, or a peace officer or a judge.
Example: Kicking a police officer during a street protest
The Consequences: Punishable by 2 to 10 years in prison and a maximum $10,000 fine.

Eight Compelling Defenses to Assault Charges

1. Self-Defense (Texas Penal Code § 9.31)

A person is justified in using force against another when they reasonably believe the force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force. This defense requires evidence that:

• You reasonably believed you were in immediate danger
• The use of force was necessary to protect yourself
• The amount of force used was reasonable given the circumstances

2. Defense of Others (Texas Penal Code § 9.33)

Similar to self-defense, you may be justified in using force to protect a third person if:

• You reasonably believe intervention is immediately necessary to protect the third person
• You would be justified in using force to protect yourself in the same situation
• You reasonably believe your intervention is necessary to protect the third person

3. Defense of Property (Texas Penal Code § 9.41)

You may be justified in using force to protect property when:

• You reasonably believe force is immediately necessary
• You are protecting your own property from theft or criminal mischief
• The force used is proportional to the threat

4. Lack of Intent

Assault charges require proving specific mental states (intentionally, knowingly, or recklessly). If the contact was accidental or unintentional, this could be a complete defense to the charges.

5. Mutual Combat/Consent

In some cases, both parties may have agreed to engage in the physical confrontation. While this isn’t always a complete defense, it can be a mitigating factor, especially in cases involving sporting events or other controlled environments.

6. False Allegations

Unfortunately, some assault allegations are fabricated for various reasons, including:

• Custody disputes
• Divorce proceedings
• Revenge
• Personal gain
• Attention seeking

7. Mistaken Identity

In cases where the alleged assault occurred during chaotic situations or poor lighting conditions, mistaken identity can be a viable defense if:

• The identification procedures were flawed
• There are conflicting witness descriptions
• There is evidence placing you elsewhere at the time

8. Insufficient Evidence

The prosecution must prove every element of an assault charge beyond a reasonable doubt. Common evidence issues include:

• Lack of witnesses
• Inconsistent statements
• No physical evidence
• Unreliable witness testimony
• Missing video footage
• Chain of custody issues with evidence

Facing Assault Charges? Talk to our Dallas Assault Lawyer today.

Assault charges stem from altercations that many people later regret, especially when they end up in handcuffs. Unfortunately, a fit of rage and momentary lapse in judgment can have long-lasting consequences. In addition to possible jail time and a criminal record, an assault conviction can impede your ability to get a good job, obtain a loan or possess a firearm. You will need an experienced Dallas assault lawyer to challenge the evidence, negotiate the best resolution and, if all else fails, take your case to trial. When your family, finances, and freedom are at stake, don’t leave anything to chance.

Call 214-903-4000 today to speak with a skilled Dallas assault lawyer at our office today.