Fort Bend Assault Lawyer

An assault charge in Fort Bend County can change everything. Your job, your family, your freedom are all on the line. Whether you’re facing a misdemeanor or a felony, the time to act is now. Our team includes Mike Hanson, a former Fort Bend County prosecutor and Board Certified Juvenile Law Specialist who handles both criminal and juvenile cases in this county every day.

Varghese Summersett is one of Texas’s most respected criminal defense firms, with 70+ legal professionals, five board-certified attorneys, and a track record of more than 1,600 dismissals and 800+ charge reductions across Texas. When the stakes are this high, experience matters, and our team’s deep knowledge of Fort Bend County courts gives you a real advantage.

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What Are the Different Types of Assault Charges in Texas?

Texas law defines assault in several ways under Texas Penal Code § 22.01. The charge you face depends on the relationship between the parties, the severity of the alleged harm, and whether a weapon was involved. Understanding the differences matters, because each carries its own penalties and its own defense strategy.

The table below shows every assault-related charge covered on this page, the offense level, and the maximum punishment range. Use it as a starting point, then read the detailed explanations below to understand what the State must prove for each one.

Charge	Statute	Level	Maximum Punishment
Assault by Contact	§ 22.01(a)(3)	Class C Misdemeanor	$500 fine; no jail
Assault Causing Bodily Injury	§ 22.01(a)(1)	Class A Misdemeanor	1 year jail; $4,000 fine
Assault Family Violence (first offense)	§ 22.01(a)(1)	Class A Misdemeanor	1 year jail; $4,000 fine
Assault Family Violence (with prior conviction)	§ 22.01(b)(2)(A)	Third-Degree Felony	2–10 years; $10,000 fine
Assault by Strangulation / Impeding Breathing	§ 22.01(b)(2)(B)	Third-Degree Felony	2–10 years; $10,000 fine
Assault on a Pregnant Person	§ 22.01(b)(8)	Third-Degree Felony	2–10 years; $10,000 fine
Assault on an Elderly or Disabled Person	§ 22.01(c)(1)	State Jail Felony	180 days–2 years state jail; $10,000 fine
Assault on a Public Servant	§ 22.01(b)(1)	Third-Degree Felony	2–10 years; $10,000 fine
Assault on a Peace Officer or Judge	§ 22.01(b-2)	Second-Degree Felony	2–20 years; $10,000 fine
Indecent Assault	§ 22.012	Class A Misdemeanor	1 year jail; $4,000 fine; sex offender registration
Deadly Conduct (reckless endangerment)	§ 22.05(a)	Class A Misdemeanor	1 year jail; $4,000 fine
Deadly Conduct (discharge of firearm)	§ 22.05(b)	Third-Degree Felony	2–10 years; $10,000 fine
Terroristic Threat	§ 22.07	Class B Misdemeanor to Third-Degree Felony	180 days to 10 years depending on circumstances
Aggravated Assault	§ 22.02(a)	Second-Degree Felony	2–20 years; $10,000 fine
Aggravated Assault (enhanced circumstances)	§ 22.02(b)	First-Degree Felony	5–99 years or life; $10,000 fine

Assault by Contact

This is the least serious form of assault in Texas. It occurs when a person intentionally or knowingly makes physical contact with another that the person knows or should reasonably believe the other will find offensive or provocative. No injury is required. Only the unwanted, offensive contact itself. Assault by contact is a Class C misdemeanor, punishable by a fine of up to $500 with no jail time. While it sounds minor, a conviction still creates a criminal record.

Assault Causing Bodily Injury

This charge applies when a person intentionally, knowingly, or recklessly causes bodily injury to another. Under Texas law, “bodily injury” includes physical pain, illness, or any impairment of physical condition. Even a bruise or complaint of pain can satisfy this element. Assault causing bodily injury is a Class A misdemeanor, carrying up to one year in county jail and a fine of up to $4,000.

Assault Family Violence

When the alleged victim is a family member, household member, or someone in a dating relationship with the accused, the charge becomes assault family violence. The punishment range is the same as assault causing bodily injury: Class A misdemeanor, up to one year in jail and $4,000 in fines, for a first offense. A prior family violence conviction, however, can elevate the charge to a third-degree felony, punishable by two to ten years in prison. This enhancement is automatic and carries life-changing consequences for your parental rights, professional licenses, and firearm ownership.

Aggravated Assault

Aggravated assault under Texas Penal Code § 22.02 occurs when a person causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of an assault. “Serious bodily injury” means injury that creates a substantial risk of death, permanent disfigurement, or long-term loss of function of a body part or organ. Aggravated assault is a second-degree felony: two to twenty years in prison and up to a $10,000 fine. Under certain circumstances (such as when the victim is a public servant or the offense occurs in a domestic relationship involving a weapon), it can be enhanced to a first-degree felony carrying five to 99 years.

Assault by Strangulation or Impeding Breathing

One of the most aggressively prosecuted assault charges in Fort Bend County involves impeding a family or household member’s breathing or blood circulation by applying pressure to the throat or neck, or blocking the nose or mouth. Under Texas Penal Code § 22.01(b)(2)(B), this is a third-degree felony even on a first offense, carrying two to ten years in prison and up to a $10,000 fine. If the defendant has a prior family violence conviction, it becomes a second-degree felony. This enhancement catches many people off guard because the underlying physical contact can be brief. Prosecutors take these cases seriously, and so do we.

Assault on a Public Servant

Assaulting a police officer, firefighter, EMS personnel, judge, or other public servant while they are lawfully performing their duties is a third-degree felony under Texas Penal Code § 22.01(b)(1), carrying two to ten years in prison. If the victim is a peace officer or judge and the assault is committed with a deadly weapon or causes serious bodily injury, the charge elevates further under § 22.01(b-2). These cases arise frequently from arrest situations and bar altercations where the defendant had contact with law enforcement. Even accidental contact during a struggle can be charged as assault on a public servant.

Assault on a Pregnant Person

Texas law provides a separate enhancement when the alleged victim is pregnant and the defendant knew or should have known about the pregnancy. Under Texas Penal Code § 22.01(b)(8), assault causing bodily injury to a pregnant person becomes a third-degree felony. This charge is prosecuted in domestic violence contexts and can result in prison time even when the underlying injury would ordinarily be a misdemeanor.

Assault on an Elderly or Disabled Person

Causing bodily injury to a person 65 years of age or older, or to an individual the defendant knows is disabled, is treated more seriously under Texas Penal Code § 22.01(c)(1). What would ordinarily be a Class A misdemeanor becomes a state jail felony (180 days to two years in a state jail facility). These cases arise in caregiving contexts, nursing homes, and family disputes involving elderly relatives.

Deadly Conduct

Deadly conduct under Texas Penal Code § 22.05 covers two distinct situations. The first involves recklessly engaging in conduct that places another person in imminent danger of serious bodily injury, is a Class A misdemeanor. The second involves knowingly discharging a firearm in the direction of one or more individuals or a habitation, building, or vehicle, is a third-degree felony regardless of whether anyone was injured. Deadly conduct is frequently charged in road rage incidents, neighborhood disputes, and situations where a gun was discharged but no one was struck. It carries serious felony consequences that many people underestimate.

Terroristic Threat

You don’t have to physically touch anyone to face assault-related charges in Texas. Under Texas Penal Code § 22.07, a terroristic threat occurs when a person threatens to commit any offense involving violence to a person or property with the intent to place any person in fear of imminent serious bodily injury, to cause reaction by emergency services, to impair a public official’s ability to carry out their duties, or to cause public fear. The charge ranges from a Class B misdemeanor to a third-degree felony depending on the specific circumstances and the identity of the alleged victim. Threatening a family or household member is a Class A misdemeanor. Threatening a public servant or causing an emergency response is a third-degree felony. Text messages, voicemails, and social media posts are often the central evidence in these cases.

Indecent Assault

Indecent assault under Texas Penal Code § 22.012 occurs when a person intentionally touches the anus, breast, or any part of the genitals of another person without consent and with the intent to arouse or gratify sexual desire, or exposes or attempts to expose those body parts under the same circumstances. Unlike sexual assault, indecent assault does not require penetration. It is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. While it is a misdemeanor, a conviction carries sex offender registration requirements in Texas, making aggressive defense essential from the outset.

If you’re unsure which charge you’re facing or what it means for your future, speak with our Fort Bend criminal defense team before you say anything to law enforcement.

What Must the Prosecution Prove in an Assault Case?

One of the most critical and most misunderstood aspects of criminal law is who carries the burden of proof. In every Texas assault case, that burden rests entirely on the State. You are presumed innocent. You do not have to prove anything.

To convict you of assault causing bodily injury under § 22.01, the prosecution must prove beyond a reasonable doubt that you:

• Intentionally, knowingly, or recklessly caused
• Bodily injury
• To another person

For aggravated assault under § 22.02, the State must additionally prove that you either caused serious bodily injury or used or exhibited a deadly weapon. Each of those elements must be established beyond a reasonable doubt, the highest legal standard in the American justice system. A skilled defense attorney challenges every element, every piece of evidence, and every witness account that the prosecution relies on to reach that threshold.

Defenses are most powerful when they attack specific elements. Did the act cause “bodily injury” as the law defines it? Was the weapon actually a “deadly weapon” in the way it was used? Was the contact intentional, or accidental? These are the questions a strong defense turns on.

What Are Typical Bond Amounts for Assault in Fort Bend County?

Based on an analysis Varghese Summersett completed of over 10,241 bonds in Fort Bend County, here are the typical bond amounts for assault-related charges:

Charge	Level	Most Common Bond
Assault Causing Bodily Injury (§ 22.01(a)(1))	Class A Misdemeanor	$2,000
Assault, Family Member (§ 22.01(a)(1))	Class A Misdemeanor	$2,000
Assault, Elderly or Disabled (§ 22.01(c)(1))	State Jail Felony	$1,500
Assault on a Public Servant (§ 22.01(b)(1))	Third-Degree Felony	$50,000
Assault on a Peace Officer/Judge (§ 22.01(b-2))	Second-Degree Felony	$10,000
Assault, Pregnant Person (§ 22.01(b)(8))	Third-Degree Felony	$50,000
Assault by Strangulation/Impeding Breath (§ 22.01(b)(2)(B))	Third-Degree Felony	$10,000
Assault, Family Member with Prior Conviction (§ 22.01(b)(2)(A))	Third-Degree Felony	$30,000
Deadly Conduct (§ 22.05(a))	Class A Misdemeanor	$5,000
Deadly Conduct: Discharge Firearm (§ 22.05(b))	Third-Degree Felony	$10,000
Terroristic Threat, Family/Household (§ 22.07(c)(1))	Class A Misdemeanor	$5,000
Terroristic Threat, Imminent SBI (§ 22.07(c))	Class A Misdemeanor	$5,000
Indecent Assault (§ 22.012)	Class A Misdemeanor	$3,000
Aggravated Assault with Deadly Weapon (§ 22.02(a)(2))	Second-Degree Felony	$50,000
Aggravated Assault, Family/Household with Weapon (§ 22.02(b)(1)(A))	First-Degree Felony	$50,000

Bond amounts in Fort Bend County depend on the specific circumstances of the case, your criminal history, and the judge’s assessment of flight risk. An experienced attorney can file a motion to reduce bond and argue for conditions that allow you to return home while your case is pending.

How Are Assault Cases Processed in Fort Bend County?

The path through the court system differs depending on whether your charge is a misdemeanor or a felony.

Misdemeanor assault cases are typically filed directly by law enforcement or the District Attorney’s office. After an arrest or citation, the case is filed with the county clerk, and you will be arraigned in county court. From there, the case moves through pre-trial hearings and either a plea agreement or trial. For family violence misdemeanors, the Fort Bend County DA takes these cases seriously. Do not assume the complainant can simply “drop the charges.” The State, not the alleged victim, decides whether to prosecute.

Felony assault cases follow a different process. After arrest and booking, the case is presented to a grand jury, which decides whether to indict. If indicted, the case proceeds to district court in Fort Bend County. You’ll face arraignment, pre-trial motions, and either a negotiated resolution or trial before a judge or jury. Early intervention before indictment can make all the difference.

One topic that comes up often in family violence cases is the Affidavit of Non-Prosecution (ANP). An ANP is a statement signed by the alleged victim indicating they do not wish to pursue charges. Prosecutors in Fort Bend County routinely proceed despite ANPs. The ANP is one factor they consider, but it does not guarantee dismissal. That said, it can be persuasive in the right circumstances, and your attorney can use it as part of a broader strategy.

What Defenses Can Be Used Against Assault Charges?

Every assault case is different, and the right defense depends on the specific facts. That said, several defenses arise frequently in assault cases handled by Varghese Summersett.

Self-defense is the most common. Texas law gives you the right to use force to protect yourself from another’s use or attempted use of unlawful force, as long as your response was proportionate. If the alleged victim was the aggressor, that changes everything. Defense of others follows the same logic: you acted to protect a third party from imminent harm.

Lack of intent is another powerful defense, particularly in cases involving reckless conduct. If the contact was accidental or the defendant lacked the mental state the law requires, the State cannot prove its case. In aggravated assault cases, challenging the severity of the injury (whether it truly constitutes “serious bodily injury” under the statute) can mean the difference between a felony and a misdemeanor.

Factual defenses include mistaken identity (the wrong person was accused), inconsistencies in witness testimony, and exculpatory digital evidence such as surveillance footage, text messages, or social media activity that contradicts the complainant’s account. Constitutional defenses, such as suppression of evidence obtained through an illegal search or seizure, can also dismantle the prosecution’s case before trial.

Reach out to our team at Varghese Summersett to protect your record and your rights. Schedule a free consultation.

Can Assault Charges Be Dismissed in Fort Bend County?

Yes, and Varghese Summersett has secured dismissals and favorable outcomes in assault cases across Texas. While each case turns on its own facts, the following pathways most commonly lead to a dismissal or reduction of charges:

1. Lack of Probable Cause: If the initial arrest or charges weren’t supported by sufficient evidence, the case can be challenged from the start.
2. Witness Credibility Problems: A complainant or witness who made inconsistent statements, has a motive to lie, or whose account contradicts physical evidence gives the defense significant leverage.
3. Exculpatory Digital Evidence: Text messages, social media posts, surveillance video, and ring camera footage have changed the outcome of many assault cases.
4. New or Overlooked Witnesses: Third-party witnesses who support the defendant’s version of events can be decisive.
5. Violation of Constitutional Rights: Evidence obtained through unlawful searches, improper interrogation, or other constitutional violations can be suppressed.
6. Insufficient Evidence: If the State cannot meet its burden of proof beyond a reasonable doubt on every element, the case should not go forward.
7. Prosecutorial Misconduct: Withholding evidence, improper conduct, or procedural violations can result in dismissal.
8. Successful Diversion Program: Fort Bend County offers programs, including anger management and counseling, that can result in dismissal upon successful completion for eligible defendants.
9. Statute of Limitations: In limited circumstances, the time for filing charges may have expired.
10. Affidavit of Non-Prosecution: While not dispositive, a signed ANP, combined with other mitigating factors, can persuade a prosecutor to dismiss or significantly reduce charges.

What Are the Consequences of an Assault Conviction?

An assault conviction in Fort Bend County carries consequences that extend well beyond the courtroom. The immediate penalties (fines, jail, probation, mandatory classes) are just the beginning.

A criminal record for assault can cost you your job, your professional license, your housing application, and your right to own a firearm. For non-citizens, even a misdemeanor assault conviction can trigger serious immigration consequences, including deportation or denial of naturalization. If custody of your children is an issue, an assault record, particularly one involving family violence, will be front and center in those proceedings.

A family violence finding is particularly damaging. It follows you permanently and can be used to enhance any future assault charge from a misdemeanor to a felony. These are not theoretical risks. They are outcomes we see regularly. That’s why taking any assault charge seriously, from the very beginning, is so important.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to handle your Fort Bend assault case, you get a full team behind you, not a solo practitioner. Our criminal defense practice is built around early intervention, thorough investigation, and aggressive advocacy at every stage of the case.

Mike Hanson is a former Fort Bend County prosecutor and Board Certified Juvenile Law Specialist who handles criminal and juvenile cases throughout this county. His time on the other side of the courtroom gives him a clear understanding of how Fort Bend prosecutors build their cases and where they’re most vulnerable.

From the moment you call us, we get to work. We conduct an independent investigation, review all available evidence, identify constitutional issues, and engage with prosecutors before charges are filed when possible. We are transparent communicators, and you will know where your case stands and what your options are at every step. If your case needs to go to trial, we are ready.

The firm’s track record speaks for itself: more than 1,600 dismissals, 800+ charge reductions, five board-certified attorneys, and over 100 years of combined legal experience across our team. We measure our success by yours.

Award-Winning Legal Excellence

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Watch: 5 Ways to Beat an Assault Charge in Texas

Frequently Asked Questions About Fort Bend Assault Charges

Can the alleged victim drop assault charges in Fort Bend County?

No. The alleged victim does not have the power to drop criminal charges. In Texas, The State brings the charges, not the individual. A complainant can sign an Affidavit of Non-Prosecution (ANP) expressing their desire not to proceed, but the Fort Bend County District Attorney’s office decides whether to continue the prosecution. Prosecutors often proceed despite an ANP, particularly in domestic violence cases.

Will I go to jail for a first-offense assault charge in Fort Bend County?

Jail is possible but not inevitable for a first-offense misdemeanor assault. Many first-time defendants resolve their cases through deferred adjudication, anger management, or diversion programs that can avoid a permanent conviction. Felony assault is more serious and may involve time in custody. The outcome depends heavily on the facts, your history, and the quality of your legal representation.

What is the difference between assault and aggravated assault in Texas?

Assault involves intentionally, knowingly, or recklessly causing bodily injury to another person. Aggravated assault involves either causing serious bodily injury (injury that carries a risk of death, permanent disfigurement, or lasting loss of function) or using or exhibiting a deadly weapon during the assault. Aggravated assault is a second-degree felony in most cases, carrying two to twenty years in prison, compared to the misdemeanor penalties for standard assault.

How long does an assault case take to resolve in Fort Bend County?

Misdemeanor assault cases often resolve within a few months, depending on the complexity of the evidence and the DA’s caseload. Felony cases, particularly those involving grand jury indictments and contested facts, can take six months to a year or longer. Early intervention by an experienced attorney can significantly speed up the process by engaging prosecutors before formal charges are filed.

Can I get an assault charge expunged or sealed in Texas?

If your assault charge was dismissed, you may qualify for an expunction under Texas law, which removes the arrest from your record entirely. If you successfully completed deferred adjudication, you may qualify for an Order of Nondisclosure, which seals the record from public view. Family violence charges, however, are generally not eligible for nondisclosure. Speak with our team to understand your options based on the specific outcome of your case.

If you or someone you love is facing assault charges in Fort Bend County, don’t wait. The decisions you make in the first hours and days can shape the entire trajectory of your case. Call Varghese Summersett at (281) 805-2220 for a free consultation. You can also reach us for personal injury cases in Fort Bend County.