If you’ve been arrested for assault in Houston, you’re likely scared, confused, and wondering what happens next. An assault charge does not have to end in a conviction. In fact, data from the Texas Office of Court Administration shows that nearly 80% of misdemeanor assault cases and 59% of felony assault cases in Harris County result in dismissal rather than conviction.
Assault charges are extremely common in Houston, largely because of how broadly Texas defines assault under Texas Penal Code Section 22.01. The law covers intentionally causing bodily injury, threatening imminent harm, or making offensive physical contact. Because of this broad scope, incidents that may seem like minor disputes can quickly turn into criminal charges. A shove during an argument, a heated confrontation at a bar, or a domestic dispute where no serious injury occurs can still lead to an assault arrest.
The consequences of an assault conviction are severe, ranging from fines to decades in prison. Whether you face a Class C misdemeanor for offensive contact or a first-degree felony for aggravated assault, experienced legal representation can make the difference between a conviction and a case dismissal.
At Varghese Summersett, our Houston assault lawyers understand the complexities of Texas assault law and the aggressive prosecution tactics used in Harris County. We’ve successfully defended clients against all levels of assault charges, from simple misdemeanors to complex first-degree felonies where our clients’ freedom was at stake. If you or a loved one is facing an assault charge, time is of the essence. Call us today at (281) 805-2220 for a free consultation.
What Constitutes Assault Under Texas Law?
Texas Penal Code Section 22.01 defines assault in three distinct ways. A person commits assault if they:
- intentionally, knowingly, or recklessly cause bodily injury to another person;
- intentionally or knowingly threaten another with imminent bodily injury; or
- intentionally or knowingly cause physical contact with another when they know or should reasonably believe the contact will be regarded as offensive or provocative.
Recent case law has clarified these definitions significantly. In Sutton v. State (April 2024), a Texas appellate court confirmed that even minor injuries like small bruises satisfy the “bodily injury” requirement under Section 22.01. This ruling demonstrates how prosecutors can pursue assault charges even when injuries appear minimal. In fact, no visible injury is necessary. Even pain qualifies as bodily injury.
The key elements prosecutors must prove include the defendant’s mental state (intentional, knowing, or reckless), the nature of the contact or threat, and in bodily injury cases, that actual physical pain or impairment occurred. Understanding these elements allows our defense team to identify weaknesses in the prosecution’s case from the outset.
Houston Assault Charges and Penalties
In Texas, assault charges can be minor or extremely serious. The outcome depends on the level of harm caused, the type of victim, or whether a weapon or other aggravating factor was involved. Here’s a breakdown:
Assault by Contact (Class C Misdemeanor)
Definition: Intentionally or knowingly causing physical contact with another person when he or she knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Statute: Sec. 22.01(a)(3) of the Texas Penal Code
Penalty: Fine up to $500, no jail time
Examples: Spitting on someone, poking someone in the chest during an argument, grabbing someone by the collar
Assault Causing Bodily Injury (Class A Misdemeanor)
Definition: Intentionally, knowingly, or recklessly causing bodily injury to another person.
Statute: Sec. 22.01(a)(1) of the Texas Penal Code
Penalty: Up to 1 year in county jail, maximum $4,000 fine
Examples: Punching someone and leaving a bruise, slapping a partner during a fight, pushing someone down causing minor injuries
Note: This charge can be increased to a felony if certain conditions apply.
Felony Assault with Bodily Injury (Third-Degree Felony)
Definition: An assault that would normally be a misdemeanor becomes a third-degree felony if it involves certain protected victims or circumstances. This includes assaulting a public servant (police officer, firefighter, paramedic, etc.) while performing official duties, assaulting a pregnant woman, or assaulting a family member, partner, or spouse in a domestic violence context with a prior family violence conviction.
Statute: Sec. 22.01(b)(2) of the Texas Penal Code
Penalty: 2 to 10 years in prison, maximum $10,000 fine
Examples: Hitting a police officer during an arrest, assaulting a pregnant girlfriend during an argument, striking a family member during a domestic dispute when you have a prior family violence conviction
Aggravated Assault (Second-Degree Felony)
Definition: An assault becomes aggravated when it causes serious bodily injury to another person or when a deadly weapon (such as a gun, knife, or bat) is used or displayed during the assault.
Statute: Sec. 22.02(a) of the Texas Penal Code
Penalty: 2 to 20 years in prison, maximum $10,000 fine
Examples: Stabbing someone during a fight, breaking someone’s arm or causing major injury, pointing a gun at a person even without pulling the trigger
First-Degree Felony Aggravated Assault
Definition: Aggravated assault is enhanced to a first-degree felony if the actor uses a deadly weapon and causes serious bodily injury to a family member, household member, or dating partner; the assault is committed against a public servant, security officer, or witness/informant in retaliation; or the assault is a drive-by shooting that causes serious bodily injury.
Statute: Sec. 22.02(b) of the Texas Penal Code
Penalty: 5 to 99 years or life in prison, up to $10,000 fine
Examples: Shooting a spouse or partner and causing serious bodily injury, stabbing a family member with a knife during a fight, shooting at an occupied house during a drive-by and injuring someone inside, attacking a police officer with a deadly weapon while on duty
| Charge Type | Statute | Classification | Penalty Range |
|---|---|---|---|
| Assault by Contact | Sec. 22.01(a)(3) | Class C Misdemeanor | Fine up to $500, no jail |
| Assault Causing Bodily Injury | Sec. 22.01(a)(1) | Class A Misdemeanor | Up to 1 year jail, $4,000 fine |
| Assault with Special Circumstances | Sec. 22.01(b)(2) | Third-Degree Felony | 2-10 years prison, $10,000 fine |
| Aggravated Assault | Sec. 22.02(a) | Second-Degree Felony | 2-20 years prison, $10,000 fine |
| First-Degree Aggravated Assault | Sec. 22.02(b) | First-Degree Felony | 5-99 years/life prison, $10,000 fine |
Beyond jail time and fines, an assault conviction creates lasting problems. A family violence conviction permanently prohibits you from owning firearms under federal law (18 U.S.C. § 922(g)(9)). A conviction can affect your employment, professional licenses, immigration status, and child custody rights.
What Do the Numbers Say About Assault Cases in Harris County?
The statistics tell a story that every assault defendant needs to hear: most assault cases in Harris County do not end in conviction. According to data from the Texas Office of Court Administration spanning January 2021 through September 2025, the dismissal rate for assault cases far exceeds the conviction rate.
For misdemeanor assault cases in Harris County, the conviction rate averages just 20.7%. That means approximately 79.3% of disposed misdemeanor assault cases result in dismissal rather than conviction. For felony assault cases, the conviction rate is higher at 41.1%, but the majority of cases (58.9%) still end in dismissal.
These numbers aren’t accidents. They reflect the reality that assault cases are often built on shaky evidence, inconsistent witness statements, or situations where the defendant had a legitimate defense.
Harris County Misdemeanor Assault Trends (2021-2025)
Harris County has seen dramatic shifts in how misdemeanor assault cases move through the system. The data reveals a court system working aggressively to clear backlogs while new filings continue to rise.
Pending Cases Have Dropped Sharply: Active misdemeanor assault cases averaged 1,562 throughout the period, but the trend shows a remarkable 48.1% decrease when comparing the first 12 months of data to the most recent 12 months. The backlog peaked at 2,181 active cases in October 2021 and has since declined to just 931 cases by November 2025. That’s a reduction of more than 1,200 pending cases.
New Filings Are Rising: Despite the declining backlog, new misdemeanor assault filings have actually increased by 22.4% over the study period. The average monthly filing rate was 222 cases, ranging from a low of 146 cases in February 2021 to a peak of 299 cases in April 2024. More people are being charged with misdemeanor assault, but the courts are processing cases faster than they come in.
| Misdemeanor Assault Metric | Average | Low | High | Trend |
|---|---|---|---|---|
| Active Cases | 1,562 | 931 (Nov 2025) | 2,181 (Oct 2021) | ↓ 48.1% |
| Monthly Filings | 222 | 146 (Feb 2021) | 299 (Apr 2024) | ↑ 22.4% |
| Monthly Disposals | 214 | 125 (Feb 2021) | 311 (Apr 2024) | ↑ 22.1% |
| Monthly Convictions | 39 | 20 | 53 | ↑ 13.1% |
The clearance rate (disposals divided by filings) averaged 96.9% over the entire period, though it has declined to 81.6% in the most recent 12 months. This suggests that while the courts cleared the pandemic backlog efficiently, the gap between filings and disposals has narrowed.
Harris County Felony Assault Trends (2021-2025)
The felony assault data reveals even more dramatic changes. Harris County has achieved one of the most significant backlog reductions in the state for serious assault cases.
Massive Backlog Reduction: Active felony assault cases averaged 8,458 throughout the period but showed a striking 60.2% decline from the first 12 months to the most recent 12 months. The active caseload peaked at 13,306 cases in August 2021 and plummeted to 4,176 cases by November 2025. That’s a reduction of more than 9,000 pending felony assault cases.
Fewer Felony Filings: Unlike misdemeanor cases, felony assault filings have actually decreased by 15.9% over the study period. Filings peaked at 1,647 cases in September 2021 and declined to a low of 439 cases in November 2024. This could reflect changes in charging practices, increased use of diversion programs, more plea negotiations at the misdemeanor level, or actual reductions in serious assault incidents.
Accelerated Case Processing: Total case disposals for felony assault increased dramatically by 59.8% over the study period. Disposals ranged from 454 cases in February 2021 to 1,649 cases in March 2023. The clearance rate averaged 128.7% overall and reached 137.3% in the most recent 12 months. Harris County is disposing of felony assault cases at a rate significantly higher than new filings.
| Felony Assault Metric | Average | Low | High | Trend |
|---|---|---|---|---|
| Active Cases | 8,458 | 4,176 (Nov 2025) | 13,306 (Aug 2021) | ↓ 60.2% |
| Monthly Filings | 1,005 | 439 (Nov 2024) | 1,647 (Sep 2021) | ↓ 15.9% |
| Monthly Disposals | 1,210 | 454 (Feb 2021) | 1,649 (Mar 2023) | ↑ 59.8% |
| Monthly Convictions | 351 | 138 | 474 | ↑ 30.4% |
How Harris County Compares to the Rest of Texas
Harris County handles a disproportionate share of Texas assault cases relative to its population (approximately 20% of the state). But the county’s patterns diverge from statewide trends in important ways.
Harris County’s Share of Statewide Assault Cases:
| Metric | Misdemeanor | Felony |
|---|---|---|
| Share of Statewide Active Cases | 8.5% | 15.8% |
| Share of Statewide New Filings | 16.7% | N/A |
| Share of Statewide Convictions | 9.8% | 26.1% |
The most striking figure: Harris County accounts for more than one-third (35.5%) of all felony assault dismissals in Texas. This suggests either unique challenges in prosecuting these cases in Houston or different prosecutorial practices compared to other Texas counties. For defendants, it means the odds of dismissal are better in Harris County than almost anywhere else in the state.
Harris County vs. Statewide Trends (Misdemeanor Assault):
| Misdemeanor Assault Trend | Harris County | Statewide |
|---|---|---|
| Active Case Reduction | ↓ 48.1% | ↓ 23.4% |
| Filing Increase | ↑ 22.4% | ↑ 32.3% |
| Conviction Increase | ↑ 13.1% | ↑ 43.7% |
| Total Disposal Increase | ↑ 22.1% | ↑ 75.7% |
Harris County vs. Statewide Trends (Felony Assault):
| Felony Assault Trend | Harris County | Statewide |
|---|---|---|
| Active Case Reduction | ↓ 60.2% | ↓ 28.6% |
| Filing Change | ↓ 15.9% | ↓ 0.9% |
| Conviction Increase | ↑ 30.4% | ↑ 26.7% |
| Total Disposal Increase | ↑ 59.8% | ↑ 52.7% |
Harris County has outpaced the rest of Texas in reducing its active caseload, particularly for felony cases. The county reduced its felony assault backlog by 60.2% compared to just 28.6% statewide. However, Harris County has lagged behind the state in increasing conviction rates, particularly for misdemeanor cases (13.1% increase vs. 43.7% statewide).
The COVID-19 Impact and Court Recovery
The data begins in January 2021, during the height of the COVID-19 pandemic’s impact on court operations. The initial months show relatively low filing and disposal rates with high active caseloads, representing pandemic-related backlogs.
2021: Courts began reopening and processing accumulated cases. Active caseloads peaked by mid-to-late 2021, with misdemeanor assault cases hitting 2,181 in October and felony assault cases reaching 13,306 in August.
2022-2023: Aggressive case processing led to increased disposals. Both convictions and dismissals rose substantially. The active caseload began its steady decline. Felony disposals peaked at 1,649 cases in March 2023.
2024-2025: The system reached a new equilibrium. Active caseloads dropped to at or near pre-pandemic levels. High dismissal rates persist, meaning defendants continue to benefit from the same factors that have always made assault cases difficult to prosecute.
What Drives Harris County’s High Dismissal Rates?
Several factors contribute to Harris County’s persistently high dismissal rates for assault cases:
Victim Non-Cooperation: Assault cases, particularly those involving family violence, often collapse when alleged victims become unwilling to cooperate with prosecution. This is especially common in domestic violence situations where victims may reconcile with defendants or face pressure not to testify.
Evidence Issues: Many assault cases lack sufficient physical evidence or corroborating witnesses, particularly in “he said, she said” situations or cases where injuries are minor or absent.
Witness Unavailability: In a county as large and mobile as Harris County, witnesses frequently move away or become impossible to locate over time.
Prosecutorial Discretion: Prosecutors exercise discretion to dismiss cases where conviction is unlikely, where defendants have completed diversion programs, or where circumstances suggest dismissal serves justice better than continued prosecution.
These statistics matter because they show that being arrested for assault is not the end of your case. With aggressive defense representation, your case could become one of the thousands dismissed each year in Harris County.
Can the Alleged Victim Drop Assault Charges in Houston?
No. Only the Harris County District Attorney’s Office has the authority to dismiss assault charges. The alleged victim cannot “drop” the case. This is one of the biggest misconceptions in criminal defense.
When police respond to a disturbance and make an arrest, the case becomes The State of Texas versus the defendant. The alleged victim becomes a witness for the state. They do not control whether the case moves forward.
What Is an Affidavit of Non-Prosecution (ANP)?
An Affidavit of Non-Prosecution is a sworn statement from the alleged victim explaining what happened and asking the prosecutor not to pursue charges. It is sometimes called an “ANP” or “drop charges affidavit.”
An ANP is one tool in the defense toolbox, but it is not a magic solution. Harris County prosecutors are often skeptical of these affidavits. They may believe the alleged victim is being pressured, manipulated, or is afraid of the defendant. In many domestic violence cases, prosecutors move forward with charges even when the alleged victim signs an ANP and insists they want the case dismissed.
That said, victim non-cooperation remains one of the primary reasons assault cases are dismissed. The Texas Office of Court Administration specifically identifies victim non-cooperation as a major factor driving Harris County’s high dismissal rates. When alleged victims refuse to testify, fail to appear for court, or provide statements that undermine the prosecution’s theory, cases become much harder to prove beyond a reasonable doubt.
An effective ANP must be carefully prepared. It should explain the circumstances honestly, address why the alleged victim does not want prosecution, and provide context the prosecutor might not otherwise have. Our attorneys work with alleged victims to prepare affidavits that prosecutors take seriously. We present these documents in a way that maximizes their impact while avoiding the mistakes that cause prosecutors to ignore them.
How Houston Prosecutors Handle Assault Cases
Harris County prosecutors have adopted increasingly aggressive approaches to assault cases, particularly following legislative changes effective September 2025. New bail laws under SB9 and HB75 have created stricter bail assessments for violent felonies, making pretrial release more difficult for defendants facing assault charges.
Prosecutors frequently seek enhancements in cases involving repeat offenders or family violence situations. The recent Daniel Loya v. State case (February 2025) demonstrates this trend, where the court upheld aggravated assault charges with enhanced sentencing for a defendant with prior convictions.
Under Article 20.19 of the Texas Code of Criminal Procedure, an indictment is returned as a true bill only if at least nine grand jurors concur in the finding. This creates an opportunity for skilled defense attorneys to present evidence to the grand jury that may prevent indictment altogether.
Most assault cases in Houston result in plea negotiations rather than trial. However, the strength of your legal representation significantly impacts the plea offers prosecutors extend. Our team’s reputation for thorough preparation and trial success often leads to more favorable plea agreements or case dismissals.
How Can Assault Cases Be Dismissed in Harris County?
With nearly 80% of misdemeanor assault cases and 59% of felony assault cases ending in dismissal in Harris County, the path to getting your case thrown out is well-traveled. An experienced Houston assault lawyer will explore every option.
Lack of Probable Cause: Police must have probable cause to make an arrest. If the officer arrested you based on incomplete information, a biased witness statement, or assumptions rather than evidence, a motion to dismiss may succeed.
Self-Defense: Under Texas Penal Code Section 9.31, you have the right to use reasonable force to protect yourself against another person’s unlawful use of force. Texas “Stand Your Ground” principles eliminate any duty to retreat before using defensive force in many situations. If the evidence shows you were defending yourself, prosecutors may dismiss the case or a jury may acquit you.
Defense of Others: Section 9.33 of the Texas Penal Code allows you to use force to protect a third person if you reasonably believe they are in danger. Parents protecting children or bystanders stopping an attack can assert this defense.
Castle Doctrine: Texas law recognizes the “Castle Doctrine” under Section 9.32, which creates a presumption that deadly force was reasonable when defending your home, vehicle, or workplace against unlawful entry.
Witness Credibility Issues: Many assault cases depend on the alleged victim’s testimony. If the alleged victim has a motive to lie, has made inconsistent statements, or has a history of making false allegations, this weakens the prosecution’s case significantly.
Contradicting Evidence: Text messages, social media posts, surveillance video, or photographs can contradict the alleged victim’s version of events. We conduct thorough investigations to find evidence that supports your defense.
Challenging Intent: Since assault requires intentional, knowing, or reckless conduct, demonstrating that contact was accidental or that the defendant lacked the required mental state can result in case dismissal or charge reduction.
Insufficient Evidence of Bodily Injury: In cases involving alleged bodily injury, our team frequently challenges whether the evidence actually establishes the required physical pain or impairment. Medical records, photographs, and expert testimony become crucial in these challenges.
Constitutional Violations: If police violated your Fourth Amendment rights through an illegal search or seizure, or your Fifth Amendment rights by taking statements without proper Miranda warnings, evidence may be suppressed. Without that evidence, the case may collapse.
Grand Jury No-Bill (Felony Cases): Felony assault cases in Harris County must go through a grand jury before formal indictment. Our attorneys can submit a grand jury packet presenting your side of the story. If the grand jury declines to indict, the case is no-billed and cannot proceed. Harris County has dramatically increased felony assault case processing in recent years, reducing its active felony assault backlog by more than 60% since 2021. This aggressive processing means cases move quickly, making early intervention and grand jury advocacy even more critical.
Diversion Programs: Harris County offers diversion programs for some assault defendants, particularly first-time offenders. Completing the program requirements can result in a dismissal.
Federal vs. State Assault Charges in Houston
While most Houston assault cases proceed under Texas state law, certain circumstances can trigger federal jurisdiction. Federal assault charges may apply when incidents occur on federal property, involve federal officers, include interstate elements, or fall under federal hate crime statutes.
Federal assault cases involve different procedures and typically carry stiffer penalties than state charges. Federal prosecutors have greater resources and different rules regarding bail, evidence, and sentencing guidelines. If you face potential federal charges, you need attorneys experienced in both state and federal criminal defense.
At Varghese Summersett, our attorneys have successfully defended clients in both state and federal courts. We understand the strategic differences between these jurisdictions and how to navigate the complexities of each system effectively.
What to Expect After an Assault Arrest in Houston
Being arrested for assault in Houston can be overwhelming, but understanding the legal process ahead can help you make informed decisions and protect your rights.
1. Arrest, Booking, and Bail
After an arrest, you’ll be taken into custody for booking, a process that includes fingerprinting, photographs, and formal charges. A judge will then determine bail, which may be affected by recent bail reforms. These reforms have made pretrial release more difficult, especially for felony assault charges. Judges now conduct more in-depth risk assessments and may impose conditions like electronic monitoring.
2. Initial Appearance and Bail Conditions
Your first court appearance is a critical opportunity to address bail. Having experienced counsel at this stage can make a significant difference in the amount of bail set and the conditions of your release. At Varghese Summersett, our seasoned trial lawyers are prepared to advocate on your behalf from day one.
3. Felony Cases and the Grand Jury
In felony assault cases, your case will typically go before a grand jury within 90 days of arrest. Although defendants do not testify or present evidence directly, your attorney plays a vital role during this period, gathering facts, identifying witnesses, and preparing legal defenses to potentially influence the outcome or reduce charges before indictment.
4. Discovery and Defense Preparation
The discovery phase includes police reports, medical records, witness statements, and possibly video footage. Our legal team goes beyond what’s in the prosecution’s file. We conduct our own investigations, interview key witnesses, and consult with experts when necessary to challenge the evidence and build the strongest possible defense.
5. Case Resolution: Plea or Trial
After numerous court settings, which often involve pretrial motions, negotiations, and hearings, your case will move toward resolution. This can occur either through a negotiated plea deal or by taking the case to trial.
An experienced Houston assault lawyer can often negotiate reduced charges or favorable sentencing terms, particularly when weaknesses in the prosecution’s case are uncovered. If a plea agreement cannot be reached, your case will proceed to trial, where a jury will determine guilt or innocence.
At Varghese Summersett, our trial attorneys are known for their tenacity and courtroom results. Whether your case is resolved through negotiation or litigation, we are prepared to fight for the best possible outcome every step of the way.
Why Early Intervention Matters in Assault Cases
The earlier you hire an assault defense attorney, the more options you have. Waiting until after you’re formally charged limits what we can do.
Pre-Filing Investigation: If you’ve been arrested but charges haven’t been filed yet, we can contact the prosecutor’s office immediately. We present exculpatory evidence, context about the situation, and argue why charges shouldn’t be filed. In some cases, this prevents the case from ever being filed.
Pre-Indictment Strategy (Felony Cases): For felony assault allegations, there’s a window between arrest and grand jury presentation. We use this time to conduct our own investigation, prepare a grand jury packet, and advocate for a no-bill.
Preserving Evidence: Digital evidence disappears quickly. Surveillance footage gets overwritten. Witnesses’ memories fade. The sooner we start investigating, the more evidence we can preserve.
Witness Coordination: If the alleged victim wants to provide an Affidavit of Non-Prosecution or other witnesses can support your defense, early intervention allows us to document their statements before they’re contacted by prosecutors.
Bond Conditions: An attorney can advocate for reasonable bond conditions that allow you to continue working and caring for your family while the case is pending.
How Assault Convictions Affect Your Future
Assault convictions create lasting consequences beyond the immediate penalties of fines and imprisonment. A criminal record can impact employment opportunities, professional licensing, housing applications, and educational prospects.
Firearm Prohibition: Family violence assault convictions trigger additional consequences under federal law, including lifetime prohibition on firearm possession under 18 U.S.C. § 922(g)(9). This federal ban applies regardless of whether the underlying conviction was a misdemeanor or felony.
Professional License Issues: Professional licenses in fields such as healthcare, education, law, and finance may be suspended or revoked following assault convictions. Professional licensing boards often impose discipline even when criminal courts impose minimal penalties.
Immigration Consequences: Immigration consequences can be severe for non-citizens facing assault charges. Certain assault convictions can trigger deportation proceedings, prevent naturalization, or bar reentry to the United States.
Enhanced Future Charges: Any subsequent arrest for assault against a family member will be charged as a felony, regardless of how minor the alleged conduct or how many years have passed since your first case.
Child Custody Impact: Texas family courts consider family violence when making custody and visitation decisions. A conviction can limit your access to your children or require supervised visitation.
Why Choose Varghese Summersett for Houston Assault Defense
Varghese Summersett brings decades of combined experience defending assault charges in Houston and across North Texas. Our attorneys have an in-depth understanding of Harris County courts, including the tendencies of local prosecutors and preferences of judges, which can influence case outcomes.
Our Houston office, led by Senior Counsel Mike Hanson, offers personalized, strategic representation backed by the full resources of our firm, which has locations in Houston, Dallas, Fort Worth, and Southlake. We’ve successfully defended clients against the full spectrum of assault charges, from Class C misdemeanors to first-degree felonies.
Our results speak for themselves, including dismissals, acquittals, and favorable plea deals. We’ve suppressed illegally obtained evidence, successfully asserted self-defense at trial, and negotiated charge reductions that protect our clients’ futures.
With former prosecutors and board-certified criminal law specialists on our team, we bring unparalleled insight and advocacy to every assault case we handle. Our team of more than 70 legal professionals includes attorneys who understand how the other side thinks. We use that insight to anticipate the state’s strategy and counter it effectively.
We also communicate. One of the most common complaints people have about their lawyers is being left in the dark. We return calls. We explain what’s happening. We keep you informed at every stage.
Frequently Asked Questions About Houston Assault Charges
Will I go to jail for an assault charge?
Not necessarily. Data from the Texas Office of Court Administration shows that nearly 80% of misdemeanor assault cases in Harris County are dismissed. Many cases that aren’t dismissed result in probation rather than jail time, especially for first offenders. Jail time depends on the specific charge level and your criminal history. Class C misdemeanor assault by threat carries no jail time, while felony assault charges can result in years of imprisonment.
What are the chances my assault case will be dismissed?
Statistics show dismissal is the most common outcome for assault cases in Harris County. According to Texas Office of Court Administration data, 79.3% of misdemeanor assault cases and 58.9% of felony assault cases end in dismissal rather than conviction. However, these outcomes don’t happen automatically. They require skilled defense attorneys who know how to identify weaknesses in the prosecution’s case, gather exculpatory evidence, and advocate effectively for their clients.
Can assault charges be dropped?
Yes, assault charges can be dismissed through various means, including insufficient evidence, constitutional violations, witness credibility issues, or successful plea negotiations. Experienced defense counsel significantly increases dismissal prospects. However, only the prosecutor can dismiss charges. The alleged victim cannot “drop” the case.
Should I speak to police about my assault case?
You should exercise your right to remain silent and request an attorney immediately. Statements to police rarely help your case and often provide prosecutors with additional evidence for conviction.
How long does an assault case take in Harris County?
Assault cases can take anywhere from a few weeks to over a year to resolve, depending on complexity. Harris County has significantly accelerated its case processing in recent years, reducing felony assault backlogs by more than 60%. Misdemeanor cases typically move faster than felonies. Cases that go to trial take longer than those resolved through negotiation.
Can assault charges be expunged in Texas?
If your case is dismissed or you’re acquitted, you may be eligible for expunction, which completely erases the arrest from your record. If you receive deferred adjudication, you may be eligible for an order of nondisclosure after completing probation. These options depend on the specific offense and your criminal history.
What’s the difference between assault and aggravated assault?
Assault becomes aggravated assault under Texas Penal Code Section 22.02 when it involves serious bodily injury or the use or exhibition of a deadly weapon. Aggravated assault is always a felony, while simple assault can be a misdemeanor. A knife, gun, or even a vehicle can qualify as a deadly weapon depending on how it was used.
What defenses exist for assault charges?
Common defenses include self-defense, defense of others, defense of property, lack of intent, insufficient evidence of bodily injury, false allegations, and constitutional violations during arrest or investigation.
How will an assault conviction affect my record?
Assault convictions remain on your criminal record permanently unless expunged or sealed. They can impact employment, licensing, housing, and other opportunities for years after completion of your sentence.
Contact an Experienced Houston Assault Lawyer Today
Contact an experienced Houston assault defense lawyer immediately after arrest or upon learning you’re under investigation. Early legal intervention can prevent charges from being filed, preserve crucial evidence, and protect your constitutional rights throughout the process.
If police want to question you about an assault incident, you should have legal representation present. Officers often present questioning as routine or suggest that cooperation will help your case, but statements made during these interactions frequently become prosecution evidence.
The time between arrest and formal charging provides critical opportunities for defense preparation. Experienced attorneys can contact prosecutors, present mitigating evidence, and sometimes prevent charges from being filed altogether.
Don’t wait to see what happens or assume the charges will be dropped. Assault cases move quickly through the court system, and delays in securing representation can limit your defense options and increase the likelihood of conviction.
If you face assault charges in Houston or anywhere in Harris County, your choice of legal representation may determine whether you face conviction and harsh penalties or walk away with charges dismissed.
Call Varghese Summersett today at (281) 805-2220 or contact us online to discuss your case with an experienced Houston criminal defense lawyer who will fight for your freedom and future.
