Harris County Assault Lawyer | Varghese Summersett

If you’ve been arrested for assault in Harris County, your future is on the line. A conviction can mean jail time, a permanent criminal record, and lasting damage to your career, reputation, and family relationships. The good news: many assault cases can be dismissed, reduced, or won at trial with the right defense strategy.

At Varghese Summersett, our lawyers have helped hundreds of clients facing assault charges throughout Harris County. We know how Harris County prosecutors build these cases, and we know how to challenge them. If you’re facing charges, the decisions you make now will shape everything that follows.

Why Assault Charges in Harris County Are So Serious

Harris County is the largest county in Texas and one of the busiest criminal jurisdictions in the country. Prosecutors handle thousands of assault cases each year, and they take these charges seriously. Even a misdemeanor assault conviction can follow you for life, showing up on background checks and affecting employment, housing, and professional licensing opportunities.

Many people don’t realize that assault charges often arise from misunderstandings, false accusations, or situations where both parties share responsibility. A heated argument that gets physical, a bar fight, or even defending yourself can lead to an arrest. The person who calls 911 first isn’t always the victim, but that’s often how police treat the situation.

If you’ve been arrested, you need an attorney who will investigate what actually happened and fight for the truth.

What Assault Means Under Texas Law

Under Texas Penal Code § 22.01, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, threaten someone with imminent bodily injury, or cause physical contact they know or should know the other person will find offensive or provocative.

This definition covers a wide range of conduct. You don’t have to throw a punch to be charged with assault. Grabbing someone’s arm, pushing them, or even spitting on them can result in criminal charges. Threatening to hurt someone can be enough if the threat is credible and immediate.

The specific type of assault charge in Texas you face depends on several factors, including whether you caused injury, what relationship you have with the alleged victim, and whether any weapons were involved.

Assault by Contact (Class C Misdemeanor)

The lowest level assault charge involves offensive or provocative physical contact without injury. This is the same level as a traffic ticket, punishable by a fine up to $500 with no jail time. However, it still creates a criminal record.

Assault by Threat (Class C Misdemeanor)

Threatening someone with imminent bodily injury is also a Class C misdemeanor. The threat must be immediate and credible. Saying “I’m going to hurt you someday” probably isn’t enough, but saying “I’m going to hit you right now” while raising your fist likely is.

Assault Bodily Injury (Class A Misdemeanor)

Assault causing bodily injury is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. “Bodily injury” means physical pain, illness, or any impairment of physical condition. Even minor injuries like redness, bruising, or scratches qualify.

Assault Family Violence (Class A Misdemeanor or Higher)

When assault involves a family member, household member, or someone you’re in a dating relationship with, it becomes assault family violence. A first offense is typically a Class A misdemeanor, but a second family violence assault becomes a third-degree felony, even if the first case resulted in deferred adjudication.

Family violence charges carry additional consequences including potential protective orders, firearm restrictions, and immigration consequences for non-citizens.

Aggravated Assault (Second-Degree Felony)

Under Texas Penal Code § 22.02, assault becomes aggravated when it causes serious bodily injury or involves a deadly weapon. Serious bodily injury means injuries that create a substantial risk of death, cause permanent disfigurement, or result in protracted loss or impairment of any body part or organ.

A deadly weapon isn’t limited to guns and knives. Courts have found cars, boots, baseball bats, and even hands and feet to be deadly weapons depending on how they were used. If prosecutors can show you used any object in a way capable of causing death or serious injury, you could face aggravated assault charges.

Aggravated assault is typically a second-degree felony punishable by 2 to 20 years in prison. If the alleged victim is a family member or public servant, it becomes a first-degree felony with a potential sentence of 5 to 99 years.

Penalties for Assault in Harris County

Texas assault penalties depend on the classification of the offense:

• Class C Misdemeanor: Fine up to $500, no jail time
• Class B Misdemeanor: Up to 180 days in jail, fine up to $2,000
• Class A Misdemeanor: Up to 1 year in jail, fine up to $4,000
• Third-Degree Felony: 2 to 10 years in prison, fine up to $10,000
• Second-Degree Felony: 2 to 20 years in prison, fine up to $10,000
• First-Degree Felony: 5 to 99 years or life in prison, fine up to $10,000

Beyond these direct penalties, a conviction can result in probation with strict conditions, mandatory anger management classes, community service, and restitution to the alleged victim. For family violence cases, you may be prohibited from owning firearms under federal law.

If you’re facing assault charges, talk to a lawyer before speaking to police or prosecutors. Call (281) 805-2220 for a free consultation.

What Affects Your Bond in Harris County

After an arrest for assault in Harris County, you’ll typically be taken to the Harris County Joint Processing Center for booking. A magistrate will set your bond amount based on several factors including the severity of the alleged offense, your criminal history, whether the case involves family violence, and whether you’re considered a flight risk or danger to the community.

For misdemeanor assault cases, bonds typically range from $500 to $5,000. Family violence cases often come with higher bonds and protective order conditions that prohibit contact with the alleged victim. Aggravated assault bonds can range from $30,000 to $100,000 or more, depending on the circumstances.

If you’re arrested for an assault involving family violence, Texas law requires you to remain in custody for at least four hours before release, even if you post bond immediately. This “cooling off” period is designed to prevent further violence, but it means you’ll spend at least some time in jail regardless of your ability to pay.

Having an attorney contact the magistrate before your bond hearing can sometimes result in a lower bond or more favorable release conditions. Our team is available 24/7 to help clients and their families through the arrest and bond process.

Common Defenses Against Assault Charges

Every assault case is different, but certain defense strategies apply across many situations. An experienced Harris County assault lawyer will examine the specific facts of your case to identify the strongest possible defense.

Self-Defense

Texas law allows you to use force to protect yourself from another person’s use or attempted use of unlawful force. If you were defending yourself or someone else from an attack, you may have a complete defense to assault charges. The force you used must have been proportional to the threat you faced.

Defense of Property

Under Texas Penal Code § 9.41, you can use reasonable force to protect your property from theft, criminal mischief, or unlawful interference. This defense requires showing that you reasonably believed force was immediately necessary and that you used no more force than was reasonably necessary.

False Accusation

Unfortunately, people make false assault accusations for many reasons. Custody disputes, relationship conflicts, and revenge motivations lead to fabricated claims. If the alleged victim is lying, an investigation into their background, motivations, and inconsistent statements can expose the truth.

Lack of Intent

Assault requires intentional, knowing, or reckless conduct. Accidental contact, even if it causes injury, is not assault. If you bumped into someone in a crowd or made contact while gesturing during an argument, the lack of intent may be a valid defense.

Insufficient Evidence

The prosecution must prove every element of assault beyond a reasonable doubt. If there are no witnesses, no injuries, and only conflicting accounts, the evidence may simply be insufficient to support a conviction.

How Harris County Handles Assault Cases

Harris County assault cases are prosecuted by the Harris County District Attorney’s Office, one of the largest prosecution offices in the country. Misdemeanor assault cases are typically handled in one of the Harris County Criminal Courts at Law, while felony cases go through the District Courts.

After your arrest, the case will be filed with the court and you’ll receive a court date. For misdemeanor cases, you may have multiple settings before the case is resolved. For felony cases, the prosecutor must present the case to a grand jury, which decides whether to indict. You have the right to testify before the grand jury, and in some cases, a skilled presentation can result in a “no bill,” meaning no charges are filed.

Throughout this process, your attorney will be gathering evidence, interviewing witnesses, reviewing police reports and body camera footage, and negotiating with prosecutors. Many assault cases are resolved through dismissal, reduction to a lesser charge, or deferred adjudication that keeps a conviction off your record.

Recent Case Results in Harris County

Our track record speaks for itself. Here are examples of recent assault case outcomes our attorneys have achieved:

In October 2025, our attorneys secured a complete dismissal for a client charged with Class A misdemeanor assault bodily injury in Harris County. Despite the serious allegations, we were able to demonstrate weaknesses in the prosecution’s case that led to the charges being dropped entirely.

We’ve also achieved strong results in aggravated assault cases. In December 2025, our team secured a dismissal of aggravated assault with a deadly weapon charges. In another case involving continuous violence against the family and assault impeding breath, we negotiated enrollment in a diversion program with a plea to a lesser offense, protecting our client from a felony conviction.

In a case involving continuous family violence charges (a third-degree felony), our attorneys negotiated a reduction to Class C assault by contact with just 6 months of deferred adjudication and a $500 fine. That’s a dramatic difference from the 2 to 10 years in prison our client faced.

Of course, past results don’t guarantee future outcomes. Every case is different. But these results show what’s possible when you have experienced defense attorneys fighting for you.

What Happens After an Arrest for Assault

Understanding the criminal process helps you know what to expect and how to prepare. Here’s what typically happens after an assault arrest in Harris County:

Arrest and Booking: After arrest, you’ll be transported to the Harris County Joint Processing Center for booking. This includes fingerprinting, photographs, and entering your information into the system. You’ll see a magistrate who will inform you of the charges and set bond.

Release on Bond: Once bond is set, you can post bail through a bondsman (typically 10% of the bond amount) or pay the full amount yourself. For family violence cases, you must wait at least four hours before release.

First Court Appearance: Your first court date will typically be an arraignment where you’ll enter a plea. In most cases, you’ll plead not guilty, which preserves all your options while your attorney investigates the case.

Discovery and Investigation: Your attorney will obtain all evidence the prosecution has, including police reports, witness statements, medical records, and any video evidence. This is also when your attorney conducts an independent investigation.

Negotiations: Based on the evidence, your attorney will negotiate with prosecutors for dismissal, reduction, or favorable plea terms. Many cases are resolved at this stage without going to trial.

Trial or Resolution: If a fair resolution can’t be reached, your case goes to trial. A jury will hear the evidence and decide whether the prosecution proved its case beyond a reasonable doubt.

Throughout this process, having an attorney who knows the Harris County court system is invaluable. Our lawyers appear in these courts regularly and have established relationships with prosecutors and judges that can benefit your case.

Protect Your Record With a Free Consultation

An assault conviction doesn’t have to be inevitable. Call our Houston office at (281) 805-2220 to discuss your case with an experienced defense attorney.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend your assault case in Harris County, you’re getting more than just a lawyer. You’re getting a team with over 70 attorneys and legal professionals across four Texas offices, including experienced former prosecutors who know how the other side thinks.

We’ve achieved over 1,600 dismissals and 800 charge reductions. Our attorneys include board-certified specialists in criminal law, the highest level of expertise recognized by the Texas Board of Legal Specialization. When your freedom and future are at stake, experience matters.

From your first call, you’ll work directly with attorneys who will take the time to understand your situation, explain your options clearly, and develop a strategy tailored to your goals. We’re available 24/7 because we know arrests don’t happen on a convenient schedule.

We’ll investigate every aspect of your case, challenge weak evidence, negotiate aggressively with prosecutors, and take your case to trial if that’s what it takes to get the best result. You’ll never be left wondering what’s happening with your case or what comes next.

Frequently Asked Questions

Can assault charges be dropped in Harris County?

Yes. Prosecutors can dismiss assault charges at any point before trial if they determine the evidence is insufficient, the alleged victim recants, or other circumstances make prosecution inappropriate. However, the alleged victim cannot simply “drop charges” once they’ve been filed. Only the prosecutor can dismiss a case. An experienced defense attorney can work to present information to prosecutors that supports dismissal.

What’s the difference between assault and aggravated assault in Texas?

Simple assault involves causing bodily injury, threatening injury, or offensive contact. Aggravated assault requires either serious bodily injury (injuries that create a risk of death, permanent disfigurement, or protracted impairment) or the use of a deadly weapon. Aggravated assault is a second-degree felony with much more severe penalties than misdemeanor assault.

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

Not necessarily. Many first-time assault defendants receive probation, deferred adjudication, or have their charges dismissed entirely. The outcome depends on the specific facts, the severity of any injuries, your criminal history, and the quality of your defense. With an experienced attorney, you have the best chance of avoiding jail time.

How long does an assault case take in Harris County?

Misdemeanor assault cases typically resolve within 3 to 6 months, though some take longer. Felony cases often take 6 months to a year or more, especially if they go to trial. The timeline depends on the complexity of the case, court schedules, and how long negotiations take.

Can I get an assault charge expunged from my record?

If your case is dismissed or you’re acquitted at trial, you may be eligible for expunction, which completely removes the arrest from your record. If you receive deferred adjudication, you may be eligible for an order of nondisclosure after completing your probation, which seals the record from most public access. Your attorney can advise you on your options for clearing your record.

Schedule Your Free Consultation Today

An assault arrest is frightening, but it doesn’t have to define your future. At Varghese Summersett, we’ve helped thousands of clients throughout Texas fight criminal charges and protect their records. Let us put that experience to work for you.

Call (281) 805-2220 now to speak with a Harris County assault defense attorney. Consultations are free and confidential. The sooner you call, the sooner we can start building your defense.