Dallas Assault Defense Attorney

What Is Assault in Texas?

In short: Under Texas Penal Code § 22.01, a person commits assault by (1) intentionally, knowingly, or recklessly causing bodily injury to another; (2) threatening another with imminent bodily injury; or (3) causing physical contact the person knows or should know is offensive or provocative. The classification ranges from a Class C misdemeanor to a felony depending on injury, weapon, and victim.

Notably, no physical injury is required for some forms of assault — a credible threat or an offensive touch can be enough. The seriousness escalates when the alleged victim is a public servant, security officer, or emergency responder, or when serious bodily injury or a deadly weapon is involved (which becomes aggravated assault under § 22.02).

Assault Penalty Matrix

In short: Assault by contact or threat is usually a Class C or Class A misdemeanor. Assault on a public servant or family member can be a third-degree felony. Aggravated assault — serious bodily injury or use of a deadly weapon — is a second-degree felony, rising to first-degree in certain circumstances.

Penalties reflect general Texas law and can vary by case. This is informational only, not legal advice.

When Assault Becomes Aggravated Assault

In short: Under Penal Code § 22.02, an assault becomes "aggravated" when it causes serious bodily injury or involves the use or exhibition of a deadly weapon. That single element jumps the charge from a misdemeanor to a second-degree felony — and to first-degree in cases involving family members, public servants, or drive-by conduct.

"Serious bodily injury" and "deadly weapon" are defined terms, and almost anything can qualify as a deadly weapon depending on how it was used. Whether the State can prove these elements is frequently the central battleground in an aggravated-assault case.

The First 24 Hours After an Assault Arrest

In short: Stay silent, preserve evidence and witness information, follow bond conditions, avoid contact with the alleged victim, and call a board-certified attorney before giving any statement.

1. Remain silent. Tell officers you want a lawyer, then stop talking. Self-defense explanations can wait for your attorney.
2. Identify witnesses. Names, numbers, and what they saw — memories and surveillance footage disappear quickly.
3. Preserve evidence. Photograph your own injuries and any damaged property; save threatening messages.
4. Follow every bond condition. Including any no-contact or stay-away order.
5. Call Wyde & Associates. Early work can shape the charging decision and preserve the footage that proves self-defense.

Common Defenses — Including Self-Defense

In short: Texas law expressly recognizes self-defense and defense of others (Penal Code § 9.31–9.32). Other defenses include lack of intent, mutual combat, mistaken identity, false allegations, and challenges to whether the State can prove "serious bodily injury" or a "deadly weapon."

Texas has a robust self-defense statute, including the right to use force — and in some circumstances deadly force — without a duty to retreat. Body-cam footage, 911 audio, medical records, and witness accounts often determine whether the State can disprove self-defense beyond a reasonable doubt.

How Dallas County Prosecutes Assault

In short: Misdemeanor assaults are handled in the Dallas County Criminal Courts at the Frank Crowley Courts Building; felony aggravated-assault cases go to the district courts. Eligible first-time defendants may qualify for pre-trial diversion, and many cases resolve through reduction or dismissal when the evidence is weak.

The Dallas County District Attorney's Office reviews these cases for charging and diversion eligibility. A defense built early — securing video, interviewing witnesses, and documenting self-defense — gives the best chance at a favorable charging decision before indictment.

Will an Assault Charge Stay on My Record Forever?

In short: An assault conviction generally cannot be expunged. A dismissal or acquittal may be eligible for expunction, and certain deferred-adjudication outcomes may qualify for an order of nondisclosure. The disposition controls what relief is available later.

If your case is dismissed or you are acquitted, our team can pursue criminal record clearing and ensure background-check vendors update their databases through FCRA coordinated clearance.

Why Hire a Board-Certified, Former-Judge Assault Attorney

In short: Whether the charge can be proven as a misdemeanor, a felony, or not at all often comes down to the weapon and injury elements — exactly the kind of analysis a board-certified former judge and prosecutor handles every day.

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

Assault under Penal Code 22.01 covers causing bodily injury, threatening imminent injury, or offensive contact, and ranges from a Class C to a Class A misdemeanor (or a felony for certain victims). Aggravated assault under 22.02 requires serious bodily injury or the use or exhibition of a deadly weapon, making it a second-degree felony — or a first-degree felony in certain circumstances.

Is self-defense a valid defense to assault in Texas?

Yes. Texas Penal Code 9.31–9.32 recognizes self-defense and defense of others, and in some situations allows the use of deadly force without a duty to retreat. Whether the State can disprove self-defense beyond a reasonable doubt often turns on video, 911 audio, and witness testimony — which is why preserving that evidence early matters.

Can an assault charge be dismissed?

Yes, it's possible. Cases with weak evidence, self-defense facts, or an uncooperative complaining witness may be dismissed or reduced. Eligible first-time defendants in Dallas County may also qualify for pre-trial diversion, which can lead to dismissal and eligibility for expunction.

Will an assault conviction show up on a background check?

Yes. A conviction is a public record and will appear on most background checks. A conviction generally cannot be expunged, but a dismissal or acquittal may be eligible for expunction and some deferred outcomes for nondisclosure — which is why the goal is to avoid the conviction in the first place.

What does an assault defense cost?

It depends on the degree of the charge, the county, the complexity, and whether the case goes to trial. We provide a flat-fee written quote before any retainer, with no hourly surprises. Initial consultations are free.