What Are the Best Defenses to Assault Charges in Texas?

 Posted on January 29, 2025 in Practical Advice

Recently, three juveniles and two first responders suffered injuries from an apparent free-for-all in Forney, near the North Forney High School. As he attempted to break up the fight, a Forney ISD officer was attacked from behind, as multiple suspects attempted to grab the officer’s gun.

During this attempt, the gun was discharged, and while no one was hit, the deputy and three juveniles were hit in the leg by discharge fragments. The incident occurred after school hours and was not on the school premises. Because so many people were involved, no assault arrests have yet occurred.  

There are three types of assault in the state of Texas, ranging from misdemeanor assault to felony assault, with a wide array of punishments and penalties. Assault is always a serious offense, even when it is charged as a misdemeanor. If you are charged with assault, it is important that you speak to a Conroe, TX criminal defense lawyer.

What Are the Different Types of Assault in Texas?

Assault in Texas can include actual physical harm or just a threat of violence. Depending on the severity of the situation, there are three types of assault a person can be charged with. These include:

• Assault by Contact is filed when no person is injured in the incident but has been threatened with violence or is offended by physical contact instigated by the defendant. This offense is a Class C misdemeanor, punishable by a fine of up to $500.
• Assault with Bodily Injury is a Class A misdemeanor that occurs when another person is injured from the assault. This offense carries a punishment of a fine as large as $4,000 and up to one year in jail.
• Aggravated Assault occurs when the victim suffers serious bodily harm or the perpetrator of the assault uses a deadly weapon. This offense is a second-degree felony and can result in from two to 20 years in prison. Aggravated assault may also be charged when the assault is against a protected class (paramedic, police officer, firefighter, senior citizen, public servant) and is a third-degree felony.  

What Are the Most Common Defenses to Assault?

While each case is different, and a criminal defense attorney will tailor the defense to the specific facts and circumstances of the case, some defenses are more common than others. One of these defenses is actual innocence, i.e., the defendant has an alibi for the time of the assault or a witness misidentified the defendant.

The allegations of assault against the defendant could be false, as sometimes happens in domestic violence cases. A spouse may want to gain an advantage in a divorce or child custody case, so he or she makes up false assault allegations. An attorney will work to highlight inconsistencies in the victim’s testimony or show that he or she is simply not credible.

Self-defense can be a defense to assault charges, so long as the force used against the other person was not excessive and self-defense was necessary to protect the defendant from serious and immediate harm. Defense of property and defense of others are similar to self-defense. While the Texas Judicial System allows individuals to protect others and their property from harm, the response cannot be excessive.

Violations of a defendant’s constitutional rights can result in assault charges being lowered or dropped altogether in some cases. Constitutional rights violations can include illegal searches and seizures, coerced confessions, failure to follow proper legal procedure, and failure to Mirandize the defendant or allow him or her to contact a lawyer.   

Contact a Montgomery County, TX Assault Lawyer

It is virtually always in your best interests to hire a knowledgeable, aggressive Conroe, TX assault attorney from Pullan & Young. Attorney Pullan was formerly an Assistant District Attorney, and Attorney Young is a former prosecutor. This background gives every client an advantage in the courtroom. Call 936-647-1540 today to schedule your free consultation.