Benson Varghese
Founder & Managing Partner
- Board Certified in Criminal Law
- 100+ jury trials, state and federal
- Adjunct faculty, Baylor Law School
Fort Worth Assault LawyersBoard Certified Criminal Defense
An assault charge is not an assault conviction. Your fight is ours.
Proven · Tarrant County Our Fort Worth assault lawyers have secured more than 1,600 dismissals and 800 charge reductions across our criminal practice, backed by 100+ jury trials and Board Certified criminal law specialists.
1,600+ Dismissals 800+ Charge Reductions 100+ Jury Trials
If you are facing an assault charge in Fort Worth, you need a defense team that knows how Tarrant County prosecutors build these cases and how to take them apart. We defend assault charges here every day, from a Class C misdemeanor to a first-degree felony, and the outcome almost always comes down to the strategy behind the defense.
Varghese Summersett is a Fort Worth criminal defense firm with more than 100 years of combined experience, Board Certified criminal law specialists, and former Tarrant County prosecutors on the team. Our office at 300 Throckmorton Street sits steps from the courthouse, so we are in front of these judges and prosecutors constantly.
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What You Need to Know
- An alleged victim cannot drop your charges. Only the prosecutor can, which is why getting a lawyer in early changes outcomes.
- We have secured more than 1,600 dismissals and 800 charge reductions, including complete dismissals of aggravated assault charges that carried decades in prison.
- The State has to prove every element beyond a reasonable doubt. Break one element and the case can fall apart.
- Bond, court, and prosecutor behavior are local. We are in Tarrant County courts constantly, and our bond analysis of 6,400+ assault cases tells us what to expect.
- Talk to a lawyer before you talk to police. A single statement can undermine your strongest defense.
Dismissed · Aggravated Assault
Facing 20 Years. Dismissed.
The Charge
Our client was charged with aggravated assault with a deadly weapon in Tarrant County (Case No. 1825757). That is a second-degree felony carrying 2 to 20 years in prison. A conviction would have meant a felony record for life and the loss of firearm rights, voting rights, and far more.
Our Approach
Attorney Tiffany Burks did not treat the State's version as the only version. We ran our own investigation, pressed the evidence behind the deadly-weapon and injury elements, and built the case for why the State could not prove what it had charged.
That is the difference between a lawyer who manages a plea and a lawyer who tests whether the State can actually win. We assume the State has to earn every element, and we make it do so.
The Outcome
The felony charge was dismissed in full. Our client walked away without a conviction and without the prison exposure that came with it. That is the standard we hold the State to in every assault case we touch.
An arrest is an accusation. It is not proof, and it is not a conviction.
Benson Varghese, Managing PartnerHow We Beat Assault Charges in Fort Worth.
The right defense depends on the facts, and knowing which one fits your case is the whole job. These are the defenses we use most in Tarrant County assault cases. Open each one to see how it works.
Self-defense (§ 9.31)
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. When the other person started it, the case against you can become a case against your accuser.
Defense of others (§ 9.33)
Texas Penal Code § 9.33 lets you use force to protect a third person under circumstances that would justify self-defense. We establish what you reasonably believed in the moment, not what the State reconstructs afterward.
Consent (§ 22.06)
Under Texas Penal Code § 22.06, the alleged victim's effective consent can be a valid defense when the conduct did not threaten or cause serious bodily injury. This comes up in mutual-combat situations and recognized risks of an activity.
Lack of intent
The State has to prove you acted intentionally, knowingly, or recklessly. Purely accidental contact is a complete defense. We challenge the State's evidence about your state of mind at the time of the alleged offense.
False accusations
Assault charges often grow out of false accusations, especially in custody disputes, divorces, and breakups. Texts, social media, and a careful timeline can expose the motive behind the claim.
The State cannot prove its case
The prosecution must prove every element beyond a reasonable doubt. When the evidence is thin, contradictory, or unlawfully obtained, we move to suppress it or push for dismissal. This is the principle behind the aggravated assault dismissal above.
Talk to a lawyer before you speak to police. A single statement can undermine the strongest defense. Call (817) 203-2220 for a free consultation.
Assault Cases We Have Won.
These are representative outcomes our attorneys have obtained in Tarrant County assault cases. The names are our lawyers. The results are real.
- DismissedAttorney Tiffany Burks secured the complete dismissal of an aggravated assault with a deadly weapon charge (Case No. 1825757), a felony that carried 2 to 20 years in prison.
- ReducedAttorney Audrey Hatcher negotiated a continuous family violence felony (Case No. 1855388) down to a Class C assault by contact with six months of deferred adjudication, avoiding a felony conviction and prison.
- DismissedAttorney Alex Thornton obtained a dismissal on a felony assault of a family or household member with a previous conviction (Case No. 1839896).
- DismissedAll counts dismissed in a case involving multiple assault causing bodily injury charges (Case Nos. 1859648 to 1859652).
- RejectedBefore charges were filed, our attorneys presented evidence to the Tarrant County District Attorney on an assault impeding breath case. The DA rejected the case and no charges were ever filed.
- DismissedAssault of a pregnant person (Case No. 1869088), a third-degree felony, dismissed after our investigation revealed problems with the State's case.
- ReducedAggravated assault with a deadly weapon (Case No. 1854290) reduced to assault causing bodily injury with one year of deferred adjudication.
Past results do not guarantee future outcomes. Every case is decided on its own facts.
How We Investigate Your Case.
A strong defense starts long before the courtroom. The moment you hire us, we start digging for the weaknesses in the State's case and the evidence that helps you. Here is what that looks like.
Witness interviews and sworn statements
We locate and interview witnesses fast, before memories fade or stories change. Their accounts may back up your version of events or expose inconsistencies in the accuser's story, and sworn statements lock in testimony we can use at trial.
Surveillance, phone, and body camera footage
Video from security cameras, smartphones, and body-worn police cameras is often decisive in an assault case. We move quickly to secure and preserve it before it is deleted or overwritten.
Police reports and constitutional review
We review every report and recording for an unlawful search, arrest, or Miranda violation. Any constitutional violation can lead to suppressed evidence or a dismissed case.
Medical records and expert analysis
When injuries are alleged, we evaluate the medical evidence independently. The right expert can show whether the injuries match the story the State is telling or point to another explanation entirely.
Credibility and motive
Your defense can come down to whether a jury believes the accuser. We investigate background, motive, and prior statements to surface the inconsistencies and biases that undermine their reliability.
Trial preparation
If negotiation does not produce a just result, we are ready to try the case. We build the trial strategy around your specific facts, whether that is self-defense, lack of intent, or mistaken identity.
What Bond Costs for Assault in Tarrant County.
If you are arrested, your first question is how to get out of jail. We can answer it with data, not guesswork. Varghese Summersett has analyzed more than 52,000 Tarrant County bonds, including over 6,400 assault-related bonds set in 2025. Here is what the numbers show.
| Charge | Typical Bond Range | Most Common Bond |
|---|---|---|
| Assault Bodily Injury (Class A misdemeanor) | $500 to $5,000 | $1,000 |
| Assault Bodily Injury, Family Member | $500 to $5,000 | $1,000 |
| Assault, Impeding Breath or Circulation (choking) | $5,000 to $25,000 | $10,000 |
| Assault, Family Member with Previous Conviction | $5,000 to $25,000 | $10,000 |
| Assault on Peace Officer or Judge | $2,500 to $25,000 | $5,000 |
| Aggravated Assault with a Deadly Weapon | $10,000 to $75,000+ | $10,000 |
Broken out by the exact statute charged, our analysis of the 6,400 assault bonds set in 2025 showed these most common and average amounts. This is proprietary data you will not find on any other firm's page.
| Charge (Penal Code) | Most Common Bond | Average Bond |
|---|---|---|
| Assault causing bodily injury (§ 22.01(a)(1)) | $1,000 | ~$1,850 |
| Assault family member, bodily injury (§ 22.01(a)(1)) | $1,000 | ~$2,050 |
| Assault family member, impeding breath (§ 22.01(b)(2)(B)) | $10,000 | ~$13,700 |
| Assault family member, previous conviction (§ 22.01(b)(2)(A)) | $10,000 | ~$16,500 |
| Assault on a public servant (§ 22.01(b)(1)) | $5,000 | ~$9,000 |
| Assault on a peace officer or judge (§ 22.01(b-2)) | $5,000 | ~$15,000 |
| Assault of a pregnant person (§ 22.01(b)(8)) | $5,000 | ~$10,200 |
| Aggravated assault, deadly weapon (§ 22.02(a)(2)) | $10,000 | ~$35,000 |
| Aggravated assault, serious bodily injury (§ 22.02(a)(1)) | $15,000 | ~$45,600 |
Your bond can run higher or lower depending on your record, the severity of the alleged injuries, your ties to the community, and whether the alleged victim sought a protective order. A Fort Worth bail bonds lawyer can argue for a reasonable bond at your first hearing.
What Happens After an Assault Arrest in Tarrant County.
Knowing the road ahead takes some of the fear out of it. Here is how an assault case typically moves through Tarrant County, and where we step in at each stage.
-
Arrest and Booking
You are taken to the Tarrant County Jail, fingerprinted, photographed, and booked. Depending on the charge, you may see a magistrate who sets bail.
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Initial Appearance
Within 48 hours of arrest, you appear before a magistrate who informs you of the charges, advises you of your rights, and may adjust your bail.
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Filing of Charges
The prosecutor reviews the evidence and decides whether to file. For felonies, the case must go to a grand jury for indictment, which is one of our earliest chances to get a case rejected.
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Arraignment
You appear in court to hear the charges and enter a plea. Most defendants plead not guilty here to preserve every option.
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Pretrial Proceedings
We receive discovery, file motions, investigate, interview witnesses, and negotiate. Most of the work that wins a case happens here.
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Resolution
Many assault cases end in a dismissal, a reduction, or a favorable agreement. If a fair resolution is not on the table, we are ready for trial.
Assault cases in Tarrant County are heard at the Tim Curry Criminal Justice Center in downtown Fort Worth for felonies, and in the Tarrant County criminal courts for misdemeanors. We are in these courtrooms constantly, and knowing how each judge and prosecutor handles assault cases is part of what local experience buys you.
Varghese Summersett · Fort Worth
One City Place Building
300 Throckmorton Street, Suite 700
Fort Worth, Texas 76102
Why Fort Worth Hires Varghese Summersett.
When you hire us, you get a team, not a single lawyer with a full calendar. Our firm has more than 70 professionals across four Texas offices, and that team includes former prosecutors who know exactly how the other side builds an assault case, because they used to build them.
We start by listening. We want to understand what actually happened, what evidence exists, and what matters most to you. From there we build a defense around your goals. Some cases call for aggressive pretrial motions that force a dismissal. Others are won through negotiation that ends in reduced charges or an alternative like deferred adjudication or the Tarrant County Domestic Violence Diversion Program. When trial is the right call, we are ready to make it.
Through all of it, you are never left guessing. You will always know what is happening, what your options are, and what we recommend.
The Lawyers Who Try These Cases.
Board Certification in Criminal Law is the highest credential a Texas criminal defense attorney can hold, and fewer than 10% of Texas attorneys earn it. We have Board Certified specialists and former Tarrant County prosecutors defending assault cases, and several of them won the results above.
Tiffany Burks
Attorney
- Felony assault trial experience
- Secured dismissal of aggravated assault (Case No. 1825757)
Audrey Hatcher
Attorney
- Family violence defense
- Reduced continuous family violence felony to a Class C (Case No. 1855388)
Assault in Texas, Explained.
If you want the legal detail behind your charge, it is here. Open the topic you need.
What counts as assault under Texas law?
Texas defines assault more broadly than most people expect. Under Texas Penal Code § 22.01, you do not have to strike anyone to face an assault charge in Texas. The statute covers three kinds of conduct:
- Causing bodily injury to another person, including a spouse. Under § 1.07(a)(8), even minor physical pain qualifies as bodily injury.
- Threatening someone with imminent bodily injury. No contact required.
- Offensive or provocative contact, such as spitting, poking, or any unwanted touching you should know the person would find offensive.
What does the prosecution have to prove?
The burden rests entirely on the State, and it never shifts to you. To convict, prosecutors must prove every element beyond a reasonable doubt. For assault causing bodily injury, that means you (1) intentionally, knowingly, or recklessly (2) caused bodily injury (3) to another person. Break the chain on any single element and the case can collapse, which is why early defense work matters so much.
What are the misdemeanor levels of assault?
Class C misdemeanor: threats or offensive contact with no injury. Fine up to $500, no jail, but still a permanent record. More on misdemeanor assault.
Class B misdemeanor: assault on a sports participant by a non-participant under § 22.01(c)(2). Up to 180 days jail, up to $2,000 fine.
Class A misdemeanor: the most common assault charge, causing bodily injury to another person. Up to one year in county jail and up to a $4,000 fine. Offensive contact against an elderly or disabled person also charges as Class A.
When does assault become a felony?
Enhancements turn a misdemeanor into a felony fast. Under § 22.01(b), assault is a third-degree felony (2 to 10 years) against a public servant, emergency or security personnel, a family member by choking, a family member when you have a prior family violence conviction, or a pregnant person to force an abortion.
Under § 22.01(b-2), assault on a peace officer or judge in the line of duty is a second-degree felony (2 to 20 years).
Aggravated assault under § 22.02, causing serious bodily injury or using or exhibiting a deadly weapon, is generally a second-degree felony and rises to a first-degree felony (5 to 99 years or life) against certain protected people or in domestic-violence circumstances.
| Offense Level | Punishment Range |
|---|---|
| Class C misdemeanor (threat or offensive contact) | Fine up to $500, no jail |
| Class B misdemeanor (assault on a sports participant) | Up to 180 days jail, up to $2,000 fine |
| Class A misdemeanor (assault causing bodily injury) | Up to 1 year jail, up to $4,000 fine |
| Third-degree felony (enhanced assault) | 2 to 10 years prison, up to $10,000 fine |
| Second-degree felony (aggravated assault) | 2 to 20 years prison, up to $10,000 fine |
| First-degree felony (aggravated assault with enhancements) | 5 to 99 years or life, up to $10,000 fine |
What a Conviction Really Costs.
The penalty range is only part of the story. An assault conviction in Texas can keep you from holding a professional license, cost you a job, and make it harder to rent a home. If your case involves family violence, it can affect child custody and visitation, restrict your right to possess firearms, and put a protective order between you and the people or places in your life.
Some consequences reach past Texas law entirely. A family violence conviction can trigger a separate federal firearm prohibition, and for non-citizens an assault conviction can lead to removal proceedings or block naturalization under federal immigration law. In many cases the conviction cannot be sealed or expunged. That is why we treat early intervention as the whole ballgame. Call (817) 203-2220 before the State builds momentum.
Recognized by the Right People.
Best Lawyers in America · 2026
Listed for Criminal Defense in Fort Worth
A peer-reviewed distinction few Fort Worth criminal defense firms can claim.
Best Law Firms · 2025
Recognized by Best Lawyers
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Superb rating for criminal defense
Better Business Bureau
A+ accredited business
Texas Bar Foundation
Fellow of the Texas Bar Foundation
Fort Worth Magazine & 360 West
Attorneys named Top Attorneys, year after year
11 Proven Defenses Against Texas Assault Charges.
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What Our Clients Say.
Fort Worth Assault Questions.
Can I get assault charges dropped in Fort Worth?
Yes, assault charges can be dropped or dismissed in Fort Worth. Common paths include showing self-defense, exposing inconsistencies in the accuser's story, filing motions to suppress illegally obtained evidence, or negotiating with prosecutors. Keep in mind that the alleged victim cannot drop the charges. Only the prosecutor can dismiss a case, and prosecutors often proceed even when the victim is uncooperative, especially in family violence situations. Some first-time family violence cases in Tarrant County may qualify for a diversion program that leads to dismissal upon completion.
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 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. A Class C misdemeanor 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 outcome depends on the severity of the charge, the facts of the case, and the quality of your legal representation. 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 are resolved sooner through pretrial 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.
Do I need a lawyer for a misdemeanor assault charge?
Yes. 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. A skilled assault lawyer can work to get charges reduced or dismissed, protecting your record and your future.
Can I get an assault charge expunged or sealed in Texas?
If your case is dismissed or you are acquitted, you may be eligible for an expunction, which erases the arrest from your record. If you receive deferred adjudication and complete it successfully, you may be eligible for an order of nondisclosure, which seals your record from most public searches. Some assault offenses involving family violence may not be eligible for nondisclosure, so talk to a lawyer about your specific situation.
Benson Varghese is the founder and managing partner of Varghese Summersett. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization, has handled more than 100 jury trials in Texas state and federal courts, and serves as adjunct faculty at Baylor Law School. Read his full bio or connect on LinkedIn.
Published November 20, 2025 · Updated May 27, 2026
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