Assault charges are very common in Houston, largely because of the broad way the law defines assault under Texas Penal Code 22.01, which 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. For example, a shove during an argument or a heated confrontation at a bar — situations where no serious injury occurs — can still lead to an assault arrest in Houston.
The consequences of being arrested are severe, as assault charges in Houston can result in penalties 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. The sooner you contact us, the sooner we can begin working on your case to resolve it in a manner that protects your rights, reputation, and future.
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), one appellate court in Texas 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 or harm caused, the type of victim, or whether a weapon or other aggravated factor. Here’s a simplified breakdown with examples:
Assault by Contact
- 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.
- Charge: Sec. 22.01(a)(2) of the Texas Penal Code
- Penalty: Class C misdemeanor, fine up to $500
- Jail Time: None
- Examples: Spitting on someone, poking someone in the chest during an argument, grabbing someone by the collar
Assault Causing Bodily Injury
- Definition: intentionally, knowingly, or recklessly causing bodily injury to another person.
- Charge: Sec. 22.01(a)(1) of the Texas Penal Code
- Penalty: Class A misdemeanor, punishable by up to a year in county jail and maximum $4000 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
- 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 public duties; a pregnant woman; or a family member, partner, or spouse in a domestic violence context.
- Charge: Sec. 22.01(b)(2) of the Texas Penal Code
- Penalty: Third-degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine.
- Examples: hitting a police officer during an arrest, assaulting a pregnant girlfriend during an argument, slapping or striking a family member during a domestic dispute
Aggravated Assault (Serious Injury or Weapon Used or Displayed)
- 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.
- Charge: Sec. 22.02 of the Texas Penal Code
- Penalty: Second-degree felony, punishable by 2 to 20 years in prison and a 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 if you don’t pull the trigger
First-Degree Felony Aggravated Assault
- Definition: Normally, aggravated assault (serious bodily injury or use of a deadly weapon) is a second-degree felony. However, under Sec. 22.02(b) of the Texas Penal Code, it 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 (family violence context).
- The assault is committed against a public servant, security officer, or witness/informant in retaliation.
- The assault is a drive‑by shooting that causes serious bodily injury.
- Charge: Sec. 22.02(b) of the Texas Penal Code
- Penalty: First-degree felony, punishable by 5 to 99 years or life in prison, and up to a $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.
Assault in Texas can range from a $500 fine with no jail time to life in prison. The difference depends on the level of harm, who the victim is, and whether weapons or aggravating factors are involved.
| Charge Type | Statute | Level/Classification | Penalty Range | Common Examples |
|---|---|---|---|---|
| Assault by Contact | Sec. 22.01(a)(2) | Class C misdemeanor | Fine up to $500, no jail | Spitting; poking; grabbing collar |
| Assault Causing Bodily Injury | Sec. 22.01(a)(1) | Class A misdemeanor | Up to 1 year jail, $4,000 fine | Punching/bruise; slap; minor injury |
| Assault w/Special Circumstances | Sec. 22.01(b)(2) | Third-degree felony | 2–10 years prison, $10,000 fine | Hitting officer; pregnant woman; DV incident |
| Aggravated Assault | Sec. 22.02(a) | Second-degree felony | 2–20 years prison, $10,000 fine | Stabbing; major bone break; pointing gun |
| First-Degree Felony Aggravated Assault | Sec. 22.02(b) | First-degree felony | 5–99 years/life prison, $10,000 fine | Deadly weapon/serious injury to family; shooting at home; attacking officer |
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.
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.
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.
Proven Defense Strategies for Houston Assault Cases
Effective assault defense requires a comprehensive understanding of Texas law, local court procedures, and proven defense strategies. Our defense team employs multiple approaches depending on the specific circumstances of each case. Here’s an overview of proven defense strategies.
Self Defense & Defense of Others & Property
Self-defense remains one of the strongest available defenses under Texas law in assault cases. Texas Penal Code Section 9.31 says that use of force is justified when it’s immediately necessary to protect against another person’s unlawful force. Texas “Stand Your Ground” principles eliminate any duty to retreat before using defensive force in many situations.
To successfully claim self-defense, the defendant must show they reasonably believed the force was immediately necessary to protect against the other person’s use or attempted use of unlawful force. The belief must be objectively reasonable from the perspective of an ordinary person in the defendant’s situation at the time of the incident.
Texas law also 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. Additionally, Section 9.33 allows the use of force to protect third persons when you reasonably believe the force is immediately necessary to protect another person from unlawful force.
The amount of force used must be proportional to the threat faced. Non-deadly force can be used to prevent non-deadly unlawful force, while deadly force is justified only when facing imminent threat of death or serious bodily injury.
Our attorneys carefully analyze the specific circumstances of each case to determine whether self-defense applies and build compelling evidence to support this defense.
Challenging Intent
Challenging the prosecution’s proof of intent often proves successful in assault cases. 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 a charge reduction to a lesser offense.
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
Constitutional violations during arrest, search, or interrogation provide additional defense opportunities. Unlawful searches, Miranda violations, or other procedural errors can result in suppression of critical evidence, often leading to case dismissal or significant charge reductions.
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.
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.
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 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 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.
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 in 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.
Common Questions About Houston Assault Charges
Will I go to jail for an assault charge?
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. First-time offenders often avoid jail through plea negotiations or alternative sentencing.
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.
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 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.
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.
When to Contact an Experienced Houston Assault Lawyer
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. This is rarely the case. 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 North Texas, 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.
