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Assault
Assault
In the state of Texas, assault encompasses a significant threat or act of violence occurring between members of a family or household. Even if the alleged offender is not part of the household, charges of family violence can be brought forward if there is a past or current marital or dating relationship with the victim. An individual accused may face assault with family violence charges, regardless of injury as the incident involved any form of physical contact.
If you are facing accusations of assault, stalking, or harassment, prompt retention of legal counsel is imperative to your case’s success. The consequences of these offenses can be severe, and notably, family violence cases do not qualify for expunction. Even a plea to deferred adjunction will permanently remain on your criminal record.
If you have been falsely accused of family violence, our attorneys are prepared to defend your rights. Our experience in criminal defense enables us to defend our clients with skill and success.
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Frequently Asked Questions
What is considered assault under Texas law?
Under Texas Penal Code §22.01, assault includes:
● Intentionally causing bodily injury,
● Threatening someone with imminent harm, or
● Making unwanted physical contact that’s offensive or provocative.
Even a shove or verbal threat can result in criminal charges. Facing assault charges in Texas? Call Schneider Law Firm today for a free legal consultation.
What’s the difference between simple assault and aggravated assault in Texas?
● Simple assault (Class A misdemeanor) usually involves minor injuries or threats.
● Aggravated assault (felony) includes serious bodily injury or the use of a deadly weapon.
Aggravated assault charges carry much harsher penalties, including years in prison. Don’t let one moment ruin your future. Contact the Schneider Law team now!
What are the penalties for assault in Texas?
Penalties vary depending on the severity of the charge:
● Class C Misdemeanor: Up to a $500 fine (e.g., threat with no contact)
● Class A Misdemeanor: Up to 1 year in jail and $4,000 fine
● Felony Assault: 2–20 years in prison and up to $10,000 fine
Additional consequences may include protective orders, probation, or a permanent criminal record. Charged with assault in Fort Worth or the surrounding area? Book a free case evaluation today.
Can assault charges be dropped in Texas?
Yes, but it’s not automatic. Even if the alleged victim wants to drop the charges, the prosecutor decides whether to move forward. A skilled attorney can help challenge the evidence or negotiate for a dismissal or reduced charge. Want your charges dismissed? Our attorneys know what it takes. Contact us now for a case review.
Can I be charged with assault if I was defending myself?
Yes, unfortunately. Texas allows self-defense, but you must prove that:
● You had a reasonable belief of danger,
● Your response was proportional, and
● You weren’t the aggressor.
Many people are wrongly charged while trying to protect themselves. Charged for self-defense? Let our defense lawyers in Texas fight to clear your name.
Will an assault conviction stay on my record?
Yes. An assault conviction can remain on your criminal record permanently, which may affect:
● Job opportunities
● Professional licenses
● Housing
● Gun ownership
In some cases, you may be eligible for expunction or nondisclosure (record sealing). Worried about your record? Talk to us about clearing your criminal history.
What is Assault by Impeding Airway or Strangulation in Texas?
In Texas, Assault by Impeding Airway (also known as strangulation) occurs when a person intentionally, knowingly, or recklessly impedes the normal breathing or circulation of another by applying pressure to the throat or neck, or by blocking the nose or mouth. It is considered a serious felony offense due to the potential for severe injury or death.
Is Assault by Strangulation a Felony in Texas?
Yes. Assault by impeding the airway is classified as a third-degree felony, but it can be enhanced to a second-degree felony if the accused has prior convictions or if certain aggravating factors are present.
Can You Be Charged Without Visible Injuries?
Yes. Even if there are no visible marks or injuries, law enforcement may still file charges based on the alleged victim’s statement or other circumstantial evidence. These cases often rely heavily on testimony and police interpretation.
How can Schneider Law Firm help with assault charges?
We bring decades of criminal defense experience handling assault, aggravated assault, and domestic assault cases. Our team will:
● Analyze the evidence,
● Build a strong defense strategy,
● Protect your rights in court or in plea negotiations.
We fight to protect your future. Schedule a free consultation with Schneider Law Firm today.
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