Assault & Aggravated Assault Charges in Dallas, TX
If you or someone you love is facing an assault charge in Dallas, understanding the full scope of what’s at stake is crucial. Law enforcement, prosecutors, and courts handle these cases aggressively, often pursuing maximum penalties. Even if it’s a misdemeanor charge, an assault conviction can lead to jail time, expensive fines, and a criminal record that follows you for life.
More severe assault charges—such as aggravated assault or assault involving a public servant—can result in years behind bars, the loss of certain rights, and long-term restrictions on employment, housing, and firearm ownership.
With so much at stake, you need an experienced Dallas assault lawyer who understands how to navigate the legal system, assess the prosecution’s evidence, and build a strong defense strategy tailored to your case.
Defining Assault Charges in Dallas
Under Texas Penal Code § 22.01, assault is a broad offense that can include various types of conduct, ranging from threats and offensive physical contact to violent acts resulting in serious injuries.
What Are the Forms of Assault in Texas?
- Assault Causing Bodily Injury: Intentional, knowing, or reckless actions that result in any degree of physical pain or injury to another person.
- Assault by Threat: Verbal or physical actions that reasonably place someone in fear of imminent harm, even if no physical contact occurs.
- Assault by Offensive Contact: Making unwanted or provocative physical contact that could be considered offensive, even if it does not cause pain or injury.
Each of these offenses carries different levels of severity depending on who the alleged victim is, whether a weapon was used, and whether the accused has prior convictions.
The Kinds of Assault Charges in Texas
Misdemeanor Assault Charges
Even though misdemeanor assault is considered less severe than felony charges, it can still lead to jail time, fines, and permanent legal consequences.
- Class C Misdemeanor: This is the least severe assault charge and applies to offensive contact or verbal threats of harm that do not result in injury. While it does not carry jail time, it can result in a fine of up to $500 and create a criminal record.
- Class B Misdemeanor: Assault against a sports official during or after an event escalates the charge to a Class B misdemeanor, punishable by up to 180 days in jail and a fine of $2,000.
- Class A Misdemeanor: Assault that causes bodily injury to another person is classified as a Class A misdemeanor, carrying penalties of up to one year in jail and fines up to $4,000. Assaults against elderly individuals or disabled persons can also fall under this category, leading to enhanced penalties.
Felony Assault Charges
When an assault case involves serious injuries, specific victims, or the use of weapons, the charge is elevated to a felony, which carries much harsher penalties.
- Third-Degree Felony Assault: This applies when an assault is committed against a public servant, security officer, emergency personnel, or a repeat family violence offender. A conviction carries 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony Assault: Assault that involves strangulation, choking, or the use of a deadly weapon is classified as a second-degree felony, punishable by 2 to 20 years in prison and a $10,000 fine.
- First-Degree Felony Assault: The most serious form of assault occurs when serious bodily injury is caused to a protected individual (such as a law enforcement officer or public official) or when a deadly weapon is used during a domestic dispute. This charge can result in 5 to 99 years in prison or life imprisonment, with a maximum fine of $10,000.
Aggravated Assault in Dallas, TX
What Makes an Assault “Aggravated”?
A standard assault charge becomes aggravated assault if it involves:
- Serious bodily injury, such as broken bones, internal injuries, or injuries requiring hospitalization.
- Use of a deadly weapon, such as a firearm, knife, or any object capable of inflicting life-threatening harm.
Common Examples of Aggravated Assault
- A person stabbing or shooting another individual in an altercation.
- A road rage incident where one driver intentionally rams another vehicle, causing serious injury.
- A domestic dispute where one partner strangles the other, leading to breathing difficulties or unconsciousness.
- A bar fight involving a weapon, such as a broken bottle or baseball bat.
If the alleged victim is a police officer, firefighter, or another public servant, the charge can escalate to a first-degree felony, leading to potential life imprisonment.
Consequences of an Assault Conviction in Texas
A conviction for any type of assault can lead to:
- Jail or prison time, ranging from a few months to life imprisonment.
- Permanent criminal record, affecting job opportunities, housing applications, and financial aid eligibility.
- Loss of firearm rights, particularly in domestic violence-related assault cases.
- Protective orders (restraining orders) that could restrict movement, living arrangements, and family visitation rights.
- Loss of professional licenses, making it difficult for doctors, nurses, teachers, and other licensed professionals to continue working.
Unlike some other offenses, assault charges are difficult to expunge from your record, meaning the impact of a conviction can follow you for life.
Defending Against Assault Charges in Dallas
Building a strong legal defense is crucial to protecting your rights and minimizing potential consequences. Depending on the circumstances of your case, possible defense strategies may include:
- Self-Defense: If you used reasonable force to protect yourself from imminent harm, this can serve as a strong defense.
- Defense of Others: If you intervened to protect another person from being harmed, the charges against you may be challenged.
- Lack of Intent: If the contact was accidental or misinterpreted, it may not meet the legal definition of assault.
- False Accusations: In cases of domestic disputes, child custody battles, or personal vendettas, false accusations are common. An experienced defense attorney can challenge the credibility of the accuser and expose inconsistencies in their testimony.
- Lack of Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If the evidence is weak or based solely on unverified claims, your charges could be reduced or dismissed.
How a Dallas Assault Lawyer Can Help You
If you or a loved one is facing assault charges in Texas, you need a skilled and aggressive legal defense to protect your future. Attorney Mike Howard provides:
- Thorough case investigation to uncover weaknesses in the prosecution’s argument.
- Aggressive courtroom advocacy to fight unjust charges and seek reduced penalties.
- Negotiation skills to pursue charge reductions, dismissals, or alternative sentencing options.
If you or someone you love has been accused of assault in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas assault lawyer Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.
A Different Kind of Defense Attorney
We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of Dallas assault lawyer you’ve come to the right place.
Get Your 30 Minute Case Evaluation
(214) 296-2221
Our Criminal Defense Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
Assault Resources & Information
See our criminal defense resource center for more information on from Dallas assault lawyer Mike Howard on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more. Talk with our Dallas violent crime lawyers to learn more about your options.
Defending Against Assault Charges in Dallas
First and foremost, the prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!
The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas defense attorney, it can be a powerful weapon.
Choosing the Right Assault Lawyer
Searching for assault lawyers in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.
First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you, who make big promises. No attorney should ever make a guarantee about a case. Absolutely avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.
What Makes Mike Howard Different
Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.
Dallas Assault Attorney Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas assault attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
Client-Centered
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, their options, and whether expungement may be available to clear their record. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas assault lawyer has a reputation as a skilled trial lawyer who fights for their clients, however, it can make all the difference in the world.
A Proven Track Record
Aggravated Assault
Our client was out with a group of friends when one of them drunkenly harassed our client’s female friend. Our client told the drunk to back off and the drunk took a swing at our client. The drunk ended up stumbling as he walked away and broke his thumb when he fell. He lied to the police, claiming our client attacked him for no reason and beat him mercilessly. Even though all five witnesses backed up our client, police filed charges against our client. We were able to get the case dismissed.
Assault – Impeding Breathing
My client was a world champion professional boxer. He was wrongly accused of brutally beating up an ex-girlfriend, including impeding breathing. However, the woman had no injuries and was looking for a payout. We took the case to trial and exposed her true motives in court. The jury found my client not guilty.
Assault Family Violence
An ex-girlfriend was angry that my client had moved on. She set out to ruin his life with a wrongful accusation. We took the case to trial and the jury found my client not guilty.
Aggravated Assault
Our client was over-charged for an unfortunate incident. We worked with the accuser and the prosecutor to get the charges reduced from a felony to a misdemeanor and avoided a felony conviction. In the end, we got our client a short misdemeanor deferred probation. At the end of that, his case was dismissed.
Assault Family Violence
My client was a doctor who had been married 40+ years. His wife suffered from mental health problems. When she had episodes she would become violent and abusive. My client had to call the police during one of these episodes but only wanted her to get help. Unfortunately, when she realized she might be going to jail she falsely accused him of hitting her. The police told my client someone had to go to jail, him or her. Ever the loving husband, my client chose to go to jail. We were able to convince the district attorney to reject this family violence assault case completely.
Assault Family Violence
My client was living with a controlling girlfriend. One night they got into an argument and he tried to walk away. She wouldn’t stop following him. He went into the bathroom and tried to close the door to clear his head. She called the police and falsely claimed he assaulted her closing the door. We got the domestic violence case dismissed.
Start with a Assault Case Evaluation
Together, we can get your life back.
When you’re ready to take the next steps, attorney Mike Howard is here to discuss your situation and design a plan to deal with Dallas assault allegations. Trust our experience, empathy, and ability to help put charges behind you.
Get Your 30 Minute Case Evaluation
(214) 296-2221
Located in the Element Towers West Building at 3010 LBJ Freeway, Dallas, Texas, attorney Mike Howard handles criminal cases across Dallas, Collin, Denton, and Tarrant Counties at the state level and in the Northern and Eastern Districts at the federal level.
