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Austin Assault Defense Attorneys

Types of Assault Charges in Texas

Assault is one of the most common charges filed in Texas. Because it is a violent crime, it is taken very seriously. However, you can be found guilty of assault even if you did not injure – or even touch – the victim. There are several different types of assault. The severity of the charge and the possible punishment depends on the circumstances involved.

Texas law defines “assault” as intentionally, knowingly, or recklessly causing bodily injuries to others, or knowingly threatening another with imminent bodily injury.


Contact our Austin assault lawyers if you are facing charges. Call us today at (512) 359-3743!

Simple Assault in Texas

In Texas, a simple assault charge is a Class A misdemeanor which could result in one of the following penalties:

  • a fine not to exceed $4,000;
  • confinement in jail for a term not to exceed one year; or
  • both such fine and confinement.

The classification for this type of assault depends on what you are accused of. Threats alone will be considered a Class C Misdemeanor. However, this can be elevated in certain circumstances. For example, it is a Class A Misdemeanor if the threat is made to a victim who is elderly or disabled.

An assault that causes bodily injury is a Class A Misdemeanor. Again, this can be elevated to a third-degree felony if the victim comes from a certain class of people (such as a public servant or volunteer firefighter). This is why you need an Austin assault defense attorney from Smith & Vinson Law Firm to review the charges that you are facing.

Domestic Assault Charges in Texas

Domestic Assault occurs when both the offender and the victim are members of the same family or household. Domestic assault can be characterized as either a misdemeanor or felony, depending on your criminal history.

Assault vs. Aggravated Assault in Texas

While Assault requires intentionally, knowingly, or recklessly threatening, causing physical contact, or bodily injury to another person.

An offender commits aggravated assault when they intentionally, knowingly, recklessly, or with criminal negligence cause bodily injury to another person or used a deadly weapon.

Is Aggravated Assault a Felony in Texas?

In Texas, aggravated assault is a felony offense. Aggravated assault is a second-degree felony, punishable by between 2 and 20 years in prison and a fine of up to $10,000.

Aggravated assault can also include threats of impending serious bodily harm while acting in a manner that puts someone else in fear and reasonable belief of an imminent attack. As this type of offense is considered particularly dangerous, it carries harsher penalties than a standard assault and is classified as a felony in the state of Texas.

Sexual Assault & Aggravated Sexual Assault in Texas

Both sexual assault and aggravated sexual assault are typically rape or molestation cases. Sexual assault is a second-degree felony and aggravated sexual assault is a first-degree felony.

What Is Considered Battery in Texas?

In the Texas Penal Code, assault and battery offenses are often combined under the term "assault," with varying degrees of severity based on factors such as the extent of harm inflicted and the presence of weapons. It's important to note that legal definitions and consequences may evolve, so it is advisable to consult an experienced Austin assault defense lawyer if you are facing charges in Texas.

Here is a general overview of assault offenses in Texas:

  • Assault: In Texas, assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person. It is typically charged as a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.
  • Aggravated Assault: Aggravated assault is a more serious offense that involves causing serious bodily injury to another person, using or exhibiting a deadly weapon during the assault, or assaulting certain protected individuals such as law enforcement officers. Aggravated assault can be charged as a felony, ranging from second-degree to first-degree, depending on the circumstances. Penalties can include imprisonment and significant fines.

Assault Defenses in Texas

Just because you have been arrested for assault, does not mean you are guilty. Police will often make an arrest on very little evidence. Something as simple as a neighbor calling to report a loud argument could easily lead to an arrest for assault. If you are charged, there could be a number of defenses available, including:

  • Self-Defense
  • Defense of Others
  • Mutual Combat
  • Necessity
  • Duress
  • Insanity
  • Mistake of Fact
  • Involuntary Intoxication
  • Castle Doctrine

Central Texas Assault Attorneys

The State of Texas aggressively prosecutes cases when there is an alleged victim. This is why you need to mount an aggressive defense. The State of Texas is working against you. You need someone working for you. We will work for you. Smith & Vinson Law Firm represents clients accused of assault crimes in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and all around the Central Texas area. Contact us now for a free consultation at (512) 359-3743

What To Do If You’ve Been Charged With Assault

  • Do not talk to the police, except to provide identifying information, such as your date of birth or name. The police will say anything to elicit a response from you. They are allowed to lie to you in order to get you to say what they want. Nothing you tell them will help you; it will only be used against you. If questioned, tell them you cannot speak without an attorney present. Do not sign a waiver of your rights.
  • Call Smith & Vinson Law Firm. Once you have politely and firmly asserted your constitutional rights, you need to call an Austin assault defense attorney who will fight for you. At Smith & Vinson Law Firm, we are on call 24/7. Call us immediately so that we can begin gathering information, interviewing witnesses, and protecting your rights.
  • Do not contact the victim, even if he or she is a member of your household. If you become subject to a restraining order, follow all restrictions.
  • If you are in jail, do not talk to anyone about the case. All phone calls in and out of the facility are recorded and may be used against you. Further, anything you say to a cellmate could potentially be used against you at trial. The only person you should talk to if you are in jail is your attorney.

In one instant, a heated argument can turn into an assault conviction and a criminal record. If you are facing assault charges, don’t wait. Call Smith & Vinson Law Firm. Jarrod Smith and Brad Vinson are Texas defense lawyers available 24/7 to protect your rights. Let us fight for you.

Austin Assault Defense Lawyers

If you have been arrested or charged with an assault offense in Austin, Round Rock, Georgetown, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas contact Smith & Vinson Law Firm.

At Smith & Vinson Law Firm, we take your assault charges seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that will fight for you from day one to get the best possible resolution for your case.

The Importance of Hiring a Local Assault Defense Attorney

Hiring a local assault defense attorney can be crucial for several reasons:

  • Knowledge of Local Laws and Practices: A local attorney will have a deep understanding of the specific laws and legal procedures related to assault cases in your jurisdiction. They will be familiar with local court rules, judges, prosecutors, and how cases are typically handled in that area.
  • Relationships with Local Officials: A local attorney is likely to have established relationships with local law enforcement, prosecutors, and judges. This can be beneficial in negotiating plea deals, navigating the court system, and potentially influencing the outcome of your case.
  • Accessibility and Availability: A local attorney is more likely to be accessible and available to meet with you in person to discuss your case. They can also respond more quickly to any developments or emergencies that may arise during the legal process.
  • Understanding of Local Community Dynamics: A local attorney will have a better understanding of the local community dynamics, including any cultural or social factors that may impact your case. This can be valuable in building a defense strategy that takes these factors into account.
  • Cost and Efficiency: Hiring a local attorney can be more cost-effective and efficient, as they won't have to travel long distances to handle your case. This can result in lower legal fees and a more streamlined legal process.

Overall, hiring a local assault defense attorney can provide you with the expertise, resources, and support you need to navigate your assault case effectively and increase your chances of a favorable outcome.

Protecting Your Future with Experienced Assault Defense Lawyers

When facing assault charges, it is crucial to have skilled and knowledgeable defense attorneys by your side. At Smith & Vinson Law Firm, our team of Austin assault defense lawyers has a deep understanding of Texas assault laws and a proven track record of successfully defending clients against a wide range of assault charges.

By choosing our experienced assault defense lawyers, you can expect:

  • Aggressive defense strategies tailored to your specific case
  • Thorough investigation to uncover any inconsistencies or weaknesses in the prosecution's case
  • Strategic negotiation skills to potentially reduce or dismiss charges
  • Strong courtroom advocacy to protect your rights and fight for a favorable outcome
  • Compassionate guidance and support throughout the entire legal process

Don't let assault charges jeopardize your future. Contact our Central Texas assault attorneys today for a free consultation and let us help you navigate the complex legal system and build a strong defense on your behalf.

Contact our office today for a free initial consultation with our Austin assault defense lawyers. We can be reached at (512) 359-3743.

Our Client Reviews

Earning Our Reputation by Protecting Yours
  • Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.
    - Linda W.
  • What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.
    - Former Client
  • When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.
    - Nikki C.
  • After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.
    - Former Client

    A Proven Track Record

    Check Out Our Recent Case Results
    • Cases Rejected Pre-Indictment Three Counts of Aggravated Assault of a Deadly Weapon
    • Allowed to Remain on Parole Parole Revocation Hearing

      Our client had been released on parole and was a model parolee, when one day he fell asleep and his nephew tampered with his ankle monitor. The client’s parole officer was furious and applied for a warrant for his arrest on a parole violation. The parole officer made a big show of his belief that our client was a danger to society and was attempting to cut his ankle monitor and run.

    • Case Dismissed Assault Family Violence

      Our client was drinking and watching sports with his girlfriend when they got into a heated argument. The argument escalated, and our client left in order to avoid further trouble. A neighbor called the police and our client’s girlfriend made a statement alleging that our client had assaulted her.

    • Case Dismissed Assault Family Violence

      Our client was a mother who had allowed her adult son and family to move in with her due to some hardship. After a family dinner a heated discussion between our client and her daughter in law turned into a physical altercation.

    • Not Guilty Sexual Assault

      NOT GUILTY on Sexual Assault and two other lesser included charges. Our client said from day one he was an innocent man. We believed him.

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