Assault Defense Attorney in Waco, Texas

Offensive contact and threats of imminent bodily injury are generally fine-only Class C misdemeanors. Causing bodily injury, even physical pain or a bruise, is generally a Class A misdemeanor, with up to one year in county jail and a fine of up to $4,000. We review whether the alleged conduct fits the definition.

Assault becomes aggravated when it causes serious bodily injury or a deadly weapon is used or shown. It is generally a second-degree felony, punishable by two to twenty years in prison, and some offenses against family members or public servants are first-degree felonies. Felony cases go to the McLennan County district courts.

Some facts raise an assault to a felony. Assault on a public servant performing an official duty is generally a third-degree felony, and assault on a peace officer or judge on duty is generally a second-degree felony. Family violence assault is generally a third-degree felony when there is a prior family violence conviction or when it involves choking or impeding breathing. We check whether each enhancement is supported.

When the alleged victim is a family member, household member or dating partner, the court can enter a family violence finding, even in a Class C or deferred adjudication case. That finding can restrict firearm possession under state and federal law, can make a future charge a felony, supports a protective order and can carry serious immigration consequences.

Texas law allows force when a person reasonably believes it is immediately necessary to protect themselves or someone else from unlawful force. Whether it applies depends on who acted first, what was said and whether the force was proportionate. Once properly raised, the state generally must disprove it, so we gather the evidence early.