Fort Worth Assault Lawyers | Board Certified Criminal Defense

An assault charge in Fort Worth can mean jail time, a permanent criminal record, and consequences that follow you for years. Whether you’re facing a Class C misdemeanor or a first-degree felony, the outcome depends on the defense strategy behind it. At Varghese Summersett, our Fort Worth assault lawyers have helped thousands of clients fight assault charges in Tarrant County, securing more than 1,600 dismissals and 800 charge reductions across all criminal cases.

If you or someone you love has been charged with assault, you need a lawyer who knows how Tarrant County prosecutors build these cases and how to dismantle them.

Varghese Summersett is a Fort Worth criminal defense firm with more than 100 years of combined legal experience. Our team includes board-certified criminal law specialists, former prosecutors, and trial lawyers who have handled assault cases at every level in Tarrant County courts. We have four offices across Texas, a team of more than 70 professionals, and a track record that speaks for itself. In 2025 alone, our attorneys secured the dismissal of an aggravated assault with a deadly weapon charge in Tarrant County (Case No. 1825757) and obtained a reduction of a continuous family violence felony to a Class C assault by contact with deferred adjudication.

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What Is Assault Under Texas Law?

Texas defines assault more broadly than most people expect. Under Texas Penal Code § 22.01, you do not have to physically strike someone to face an assault charge in Texas. The statute covers three types of conduct:

Causing bodily injury. Intentionally, knowingly, or recklessly causing physical pain, illness, or any impairment of physical condition to another person, including a spouse. Under Texas Penal Code § 1.07(a)(8), even minor pain satisfies the legal definition of bodily injury.

Threatening imminent bodily injury. Intentionally or knowingly threatening another person with imminent bodily harm. No physical contact is required.

Offensive or provocative contact. Intentionally or knowingly causing physical contact that you know or should know the other person will find offensive or provocative. This can include spitting, poking, or any unwanted touching.

What Must the Prosecution Prove in a Texas Assault Case?

The burden of proof in every Texas criminal case rests entirely on the State. The defendant has no obligation to prove innocence. To secure a conviction for assault under Texas Penal Code § 22.01, prosecutors must prove every element of the offense beyond a reasonable doubt.

For an assault causing bodily injury, the prosecution must prove that the defendant (1) intentionally, knowingly, or recklessly (2) caused bodily injury (3) to another person. For assault by threat, the State must show the defendant (1) intentionally or knowingly (2) threatened another person (3) with imminent bodily injury. For offensive contact, the State must prove the defendant (1) intentionally or knowingly (2) caused physical contact (3) that the defendant knew or should have known the other person would regard as offensive or provocative.

Each element matters. If a skilled defense attorney can create reasonable doubt about even one element, the entire case can fall apart. This is why hiring an experienced Fort Worth criminal defense attorney early in the process is so critical.

What Are the Different Levels of Assault Charges in Fort Worth?

Class C Misdemeanor Assault

The lowest level of assault in Texas is a Class C misdemeanor, which typically involves threats of bodily harm or offensive physical contact without actual injury. Examples include threatening language, spitting on someone, or unwanted touching that causes no physical pain. A Class C misdemeanor assault carries a fine of up to $500 but no jail time.

Even this charge creates a permanent criminal record that can affect employment, professional licenses, and firearm rights.

Class B Misdemeanor Assault

Under Texas Penal Code § 22.01(c)(2), assault can be charged as a Class B misdemeanor when a non-participant commits assault against a sports participant during or in retaliation for their performance. A Class B misdemeanor carries up to 180 days in jail and a fine of up to $2,000.

Class A Misdemeanor Assault

The most common assault charge in Fort Worth is a Class A misdemeanor. This applies when someone intentionally, knowingly, or recklessly causes bodily injury to another person. A conviction carries up to one year in county jail and a fine of up to $4,000.

Class A misdemeanor assault also applies to offensive contact against elderly or disabled individuals under Texas Penal Code § 22.04, even when no injury results.

When Does Assault Become a Felony in Texas?

A misdemeanor assault charge can escalate to a felony faster than most people realize. Texas law contains numerous enhancements that transform a Class A misdemeanor into a serious felony carrying prison time.

Third-Degree Felony Assault

Under Texas Penal Code § 22.01(b), assault becomes a third-degree felony (2 to 10 years in state prison, up to $10,000 fine) when committed against:

• Public servants (police officers, firefighters, judges) while performing their duties or in retaliation
• Security officers or emergency services personnel performing their duties
• Family members, household members, or dating partners when the defendant has a previous family violence conviction
• Family members or household members by choking, strangling, or otherwise impeding breathing or blood circulation
• Process servers, hospital personnel, or government contractors performing their duties
• Pregnant individuals to force an abortion

Second-Degree Felony Assault

Under Texas Penal Code § 22.01(b-2), assault against a peace officer or judge while performing their duties (or in retaliation) is a second-degree felony. This carries 2 to 20 years in prison and a fine of up to $10,000.

Aggravated Assault: First and Second-Degree Felonies

Texas Penal Code § 22.02 defines aggravated assault, which occurs when a person commits assault and either causes serious bodily injury or uses or exhibits a deadly weapon. “Serious bodily injury” under Texas Penal Code § 1.07(a)(46) means injury creating a substantial risk of death, serious permanent disfigurement, or protracted loss of function of any bodily member or organ.

Aggravated assault is generally a second-degree felony (2 to 20 years in prison). It becomes a first-degree felony (5 to 99 years or life) when it involves using a deadly weapon and causing serious bodily injury to a family member, committing the offense against a public servant, security officer, or witness, or when the defendant has prior family violence convictions.

If you’re facing aggravated assault charges, visit our dedicated Fort Worth aggravated assault defense page for detailed information about your options.

How Much Is Bond for Assault in Tarrant County?

Bond amounts for assault charges in Fort Worth vary based on the severity of the charge, your criminal history, and the specific circumstances of the case. Based on an analysis Varghese Summersett completed of over 52,000 bonds in Tarrant County:

Charge	Typical Bond Range	Most Common Bond
Assault Bodily Injury (Class A Misdemeanor)	$500 – $5,000	$1,000
Assault Bodily Injury – Family Member	$500 – $5,000	$1,000
Assault – Impeding Breath/Circulation (Choking)	$5,000 – $25,000	$10,000
Assault – Family Member with Previous Conviction	$5,000 – $25,000	$10,000
Assault on Peace Officer/Judge	$2,500 – $25,000	$5,000
Aggravated Assault with Deadly Weapon	$10,000 – $75,000+	$10,000

These figures are based on Tarrant County data and represent typical ranges. Your specific bond amount may be higher or lower depending on the facts of your case. A Fort Worth bail bonds lawyer can advocate for a reasonable bond at your initial hearing.

What Defenses Can Beat an Assault Charge in Fort Worth?

Texas law provides several powerful defenses to assault charges. The right defense depends on the facts of your case, and an experienced attorney will know which strategy gives you the best chance at a favorable outcome.

Self-defense. Under 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. The force you use must be proportional to the threat you faced.

Defense of others. Texas Penal Code § 9.33 allows you to use force to protect a third person under circumstances that would justify self-defense. Your attorney must establish what you reasonably believed at the time of the incident.

Consent. Under Texas Penal Code § 22.06, the alleged victim’s effective consent can be a valid defense if the conduct did not threaten or cause serious bodily injury. This defense often arises in cases involving recognized risks of an occupation, medical treatment, or scientific experimentation.

Lack of intent. Because the prosecution must prove you acted intentionally, knowingly, or recklessly, purely accidental contact is a complete defense. Your attorney can challenge the State’s evidence regarding your mental state at the time of the alleged offense.

False accusations. Assault charges sometimes stem from false accusations, particularly in family violence situations involving custody disputes, divorce proceedings, or personal vendettas. A thorough investigation can expose inconsistencies and ulterior motives.

Talk to a lawyer before you speak to police. A single statement to officers can undermine even the strongest defense. Call Varghese Summersett at (817) 203-2220 to schedule a free consultation.

How Does Varghese Summersett Investigate Assault Cases?

A strong defense starts long before the courtroom. When you hire Varghese Summersett, our Fort Worth assault lawyers begin a thorough investigation designed to uncover weaknesses in the prosecution’s case and build a strategy tailored to your situation.

Witness interviews and sworn statements. Our attorneys locate and interview witnesses as soon as possible. Their accounts may support your version of events or reveal inconsistencies in the alleged victim’s story. Sworn statements preserve testimony that can be used to challenge credibility at trial.

Physical evidence and surveillance footage. Video from security cameras, smartphones, and body-worn police cameras can be pivotal in assault cases. Our team moves quickly to secure and preserve this footage before it is deleted or overwritten.

Police reports and body camera review. Assault cases often involve police interaction. Our attorneys review every report and recording for signs of unlawful search, arrest, or Miranda violations. Any constitutional violation may lead to suppressed evidence or a dismissed case.

Medical records and expert analysis. When injuries are alleged, we independently evaluate the medical evidence. Consulting with medical experts can reveal whether the injuries are consistent with the claimed events or could have another explanation.

Credibility challenges. Your defense may depend on the jury’s assessment of the accuser. Our lawyers investigate the background, motives, and prior statements of the alleged victim, identifying inconsistencies or biases that undermine their reliability.

Trial preparation. If negotiations do not produce a just result, our attorneys build a comprehensive trial strategy based on your specific facts, whether that means arguing self-defense, lack of intent, or mistaken identity.

Real Results: Assault Cases Varghese Summersett Has Won

Our firm’s results in assault cases demonstrate the difference aggressive, skilled defense makes.

In one recent Tarrant County case, attorney Tiffany Burks secured the complete dismissal of an aggravated assault with a deadly weapon charge (Case No. 1825757). This felony charge carried a potential sentence of 2 to 20 years in prison. Through strategic defense work, the case was dismissed entirely.

In another Tarrant County case, attorney Audrey Hatcher negotiated a continuous family violence felony charge (Case No. 1855388) down to a Class C assault by contact with just six months of deferred adjudication. The client avoided a felony conviction and prison time.

Attorney Alex Thornton also obtained a dismissal on a felony assault of a family/household member with a previous conviction (Case No. 1839896), and separately secured a 180-day Nolle Prosequi on an assault by contact (family violence) case in Watauga Municipal Court.

Past results do not guarantee future outcomes.

What Are the Collateral Consequences of an Assault Conviction?

The penalties for assault go far beyond fines and jail time. An assault conviction in Texas can prevent you from obtaining or maintaining professional licenses, disqualify you from certain jobs, and damage your ability to secure housing. If your case involves family violence, a conviction can affect child custody and visitation rights, prohibit you from possessing firearms under both state and federal law, and result in protective orders restricting where you live and work.

For non-U.S. citizens, an assault conviction can trigger deportation proceedings or bar you from naturalization. In many cases, a conviction cannot be sealed or expunged from your record.

These stakes make early legal intervention essential. Protect your rights and your record. Call (817) 203-2220 now.

What Should You Expect From Varghese Summersett?

When you hire Varghese Summersett to defend your assault case, you get a team, not just one lawyer. Our firm has more than 70 professionals working across four Texas offices. Every case receives attention from attorneys with deep experience in Tarrant County’s criminal courts, where we appear regularly and know the prosecutors, judges, and procedures inside and out.

We start by listening. We want to understand exactly what happened, what evidence exists, and what matters most to you. From there, we build a defense strategy tailored to your goals. Some cases call for aggressive pre-trial motions that lead to dismissal. Others benefit from careful negotiation that results in reduced charges or alternative programs like deferred adjudication or the Tarrant County Domestic Violence Diversion Program. And when trial is the right path, we are prepared to fight before a jury.

Throughout the process, we keep you informed. You will always know what is happening in your case, what your options are, and what we recommend. We return calls, answer questions, and treat you with the respect you deserve during one of the most stressful experiences of your life.

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Watch: 11 Proven Defenses Against Texas Assault Charges

Frequently Asked Questions About Assault Charges in Fort Worth

Can I get assault charges dropped in Fort Worth?

Yes, assault charges can be dropped or dismissed in Fort Worth. Common paths to dismissal include demonstrating self-defense, exposing inconsistencies in the accuser’s story, filing motions to suppress illegally obtained evidence, or negotiating with prosecutors. In Tarrant County, some first-time family violence cases may qualify for diversion programs that lead to dismissal upon successful completion. An experienced assault lawyer can evaluate your case and identify the strongest path forward.

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

Simple assault under Texas Penal Code § 22.01 involves causing bodily injury, threatening imminent harm, or making offensive contact. Aggravated assault under § 22.02 occurs when the assault causes serious bodily injury or involves the use or display of a deadly weapon. Simple assault is typically a misdemeanor, while aggravated assault is a felony carrying 2 to 20 years in prison (or up to life for first-degree felony aggravated assault).

Will I go to jail for a first-time assault charge in Texas?

Jail time is possible but not automatic for a first-time assault charge. Class C misdemeanor assault carries only a fine. For a Class A misdemeanor, judges may impose probation, deferred adjudication, or community service rather than jail for first-time offenders. The specific outcome depends on the severity of the charge, the facts of the case, and the quality of your legal representation. Having an experienced Fort Worth assault lawyer significantly improves your chances of avoiding jail.

How long does an assault case take in Tarrant County?

Misdemeanor assault cases in Tarrant County typically take 3 to 6 months to resolve, though some can be resolved sooner through pre-trial negotiation. Felony assault cases, particularly aggravated assault charges, may take 6 months to over a year depending on the complexity of the case, the strength of the evidence, and whether the case goes to trial. Your attorney can give you a more specific timeline after reviewing your case.

Do I need a lawyer for a misdemeanor assault charge?

Absolutely. Even a misdemeanor assault conviction creates a permanent criminal record that affects employment, professional licensing, firearm rights, and more. Family violence assault convictions carry additional consequences, including firearm prohibitions under federal law and potential impact on custody matters. A skilled assault lawyer can work to get charges reduced or dismissed, protecting your record and your future.

Contact a Fort Worth Assault Lawyer Today

If you’ve been charged with assault in Fort Worth or anywhere in Tarrant County, every day without a lawyer is a day the prosecution is building its case against you. Evidence disappears. Witnesses forget. Deadlines pass. The sooner you have an experienced defense team working for you, the more options you have.

Don’t wait. Schedule a free consultation with Varghese Summersett today. Call (817) 203-2220 or contact us online. Your future is worth fighting for.