A single altercation can lead to serious charges and lasting consequences. Don’t face them unprepared.
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Houston Assault Lawyer
Facing assault charges in Houston can happen suddenly, whether during a heated argument, a bar fight, or an unexpected escalation. Violent crimes remain common, with the Houston Police Department reporting over 5,000 aggravated assault cases in April 2025 alone, highlighting the seriousness of these offenses. If you are under investigation or formally charged, taking immediate action is crucial. A skilled attorney can safeguard your rights, work to minimize penalties, and protect your future. At Juan L. Guerra, Jr. & Associates, we understand Houston’s legal system, neighborhoods, and strategies for building a strong, individualized defense against assault charges.
What's the Difference Between Assault and Battery?
Assault and battery are related but distinct legal concepts, often charged together in criminal cases:
Assault
In Texas law, assault generally refers to an act that threatens or attempts to cause bodily injury to another person. The key is that the victim feels threatened or is placed in fear of imminent harm, even if no physical contact occurs. For example, raising a fist and threatening to strike someone can be considered assault. (See Texas Penal Code §22.01)
Battery
While Texas doesn’t use “battery” as a separate term in its statutes, the concept is covered under assault causing bodily injury, actual physical contact, or harm to another person. Punching, slapping, or hitting someone constitutes this.
What to Do After an Assault in Houston?
Being accused of assault is serious, and your actions immediately after the incident can significantly impact your case:
- Stay Calm and Avoid Further Confrontation
Do not engage with the alleged victim or escalate the situation. Anything you say or do could be used against you.
- Do Not Discuss the Incident with Anyone but Your Lawyer
Avoid posting online, texting, or sharing your side of the story with others. Prosecutors may use these statements as evidence.
- Understand Your Charges
Assault charges in Texas range from misdemeanors to serious felonies, depending on the circumstances. Know what you’re facing before making any moves.
- Preserve Evidence and Witnesses
If there are witnesses or details that support your side of the story, gather and protect that information for your defense.
- Hire a Houston Assault Defense Attorney Immediately
A skilled lawyer can intervene early, protect your rights during questioning, and build a defense strategy tailored to your case.
What Are The Types of Assault Charges?
Assault charges in Texas range from minor incidents to serious offenses, each with specific penalties and long-term consequences. Knowing the distinctions and working with an experienced Houston assault attorney can protect your rights, preserve evidence, and guide you toward the best outcome.
- Simple Assault (Misdemeanor Charges): Involves threats, unwanted contact, or minor injury. Even as a misdemeanor, it can lead to fines, jail time, and a permanent criminal record.
- Aggravated Assault (Felony Charges): Includes causing serious bodily injury or using a deadly weapon (firearm, knife, or vehicle). Carries penalties of 2–20 years in prison and fines up to $10,000.
- Domestic Violence / Family-Related Assault: Assault against a spouse, partner, child, or household member. May trigger protective orders, mandatory counseling, firearm restrictions, and felony charges for repeat offenses.
- Assault With a Deadly Weapon or Serious Bodily Injury: Any case involving a weapon or severe injury. Felony charges carry long prison sentences and long-term consequences for licenses, immigration, and reputation.
- Sexual Assault (Non-Consensual Acts): Unwanted sexual contact without consent. Severe penalties include long prison terms, lifetime sex offender registration, and permanent reputational damage.
- Assault Against a Public Servant: Targeting police officers, firefighters, paramedics, judges, or other government employees performing official duties. Automatically treated as a felony in Texas.
- Assault With Strangulation or Impeding Breath: Involves choking or restricting airflow, commonly in domestic incidents. Classified as a third-degree felony with 2–10 years in prison.
- Injury to a Child, Elderly, or Disabled Person: Causing harm to vulnerable individuals results in more severe charges, ranging from third-degree to first-degree felony, with penalties up to life imprisonment in extreme cases.
- Continuous Family Violence: Committing two or more domestic assaults within 12 months. Felony charges apply regardless of whether previous incidents led to arrests or convictions.
- Bar Fights and Public Altercations: Assaults arising from disputes in bars, clubs, or public spaces, often fueled by alcohol or misunderstandings. Charges vary based on severity and injuries caused.
- Road Rage and Traffic-Related Assault: Aggressive driving that escalates to physical threats or injury can result in criminal assault charges under Texas law.
- Workplace or School-Related Assault: Altercations occurring in professional or educational settings, leading to criminal charges and potential employment or academic consequences.
- Police Assault / Resisting Arrest Allegations: Accusations of assaulting law enforcement or resisting arrest are treated seriously and often result in enhanced penalties.
Common Injuries in Houston Assault Cases
If you’ve been accused of assault in Houston, it’s important to understand the types of injuries prosecutors often highlight to build their case. The severity of the alleged victim’s injuries can directly impact the charges you face—from a misdemeanor to a serious felony. Even minor harm can be used against you in court, so knowing what injuries are commonly claimed in assault cases helps you prepare your defense. Common injuries that may be brought up in assault allegations include:
- Bruises and Cuts
Often presented as evidence of physical contact, even if the harm is minor.
- Broken Bones
Prosecutors may use fractures to argue that “serious bodily injury” occurred.
- Head Trauma and Concussions
Any strike to the head can elevate charges and lead to harsher penalties.
- Internal Injuries
Damage to internal organs or bleeding may be framed as life-threatening.
- Emotional and Psychological Harm
Claims of anxiety, PTSD, or emotional distress can strengthen the case against you.
- Long-term or Permanent Disability
Severe injuries could result in aggravated assault charges, carrying prison time.
Fault Scenarios in Houston Assault Cases
In Houston, determining fault in assault cases depends on the circumstances, intent, and any applicable defenses under Texas law. Common fault scenarios include:
- Intentional Assault (Texas Penal Code § 22.01): A person causes bodily injury, threatens imminent injury, or makes offensive contact intentionally, knowingly, or recklessly.
- Aggravated Assault (Texas Penal Code § 22.02): Assault involving serious bodily injury or use/exhibition of a deadly weapon.
- Self-Defense (Texas Penal Code § 9.31): Justified force is allowed when reasonably necessary to protect oneself against unlawful force.
- Defense of a Third Person (Texas Penal Code § 9.33): Force can be used to protect someone else from imminent harm if intervention is immediately necessary.
- Mutual Combat: When both parties willingly engage in a fight, self-defense claims are generally not valid, and both may be liable.
- Family Violence (Texas Penal Code § 25.11): Assault against a family or household member can result in enhanced penalties, especially if repeated within a 12-month period.
Deadline for Assault Claims in Houston
If you’ve been accused of assault in Houston, it’s important to understand that prosecutors have a limited amount of time to bring charges against you. This time limit is called the statute of limitations, and it varies depending on the severity of the offense:
Misdemeanor Assault
Generally, prosecutors must file charges within 2 years of the alleged incident.
Felony Assault
For more serious charges, such as aggravated assault, the deadline can extend to 3 years or more, depending on the circumstances.
Types of Compensation Available for Assault Victims in Houston
Assault cases in Houston often leave victims facing not only physical injuries but also significant financial and emotional burdens. Texas law provides multiple avenues of compensation to help victims rebuild their lives and hold the offender accountable. Common forms of compensation include:
- Medical Expenses
Coverage for emergency room visits, hospital stays, surgeries, rehabilitation, medications, and long-term care related to the assault.
- Lost Wages
Compensation for income lost due to missed work and reduced earning capacity in the future if injuries prevent victims from returning to their previous employment.
- Pain and Suffering
Financial recovery for the physical pain, emotional distress, and overall diminished quality of life caused by the attack.
- Emotional and Psychological Trauma
Damages for the costs of therapy, counseling, and other mental health treatments needed to cope with the aftermath.
- Punitive Damages
In cases involving intentional or particularly harmful conduct, courts may award additional damages designed to punish the offender and discourage similar acts in the future.
Frequently Asked Questions
Ask everything you need to know about our services.
A: Charges may be dismissed if there’s weak evidence, a rights violation, or a valid self-defense claim. An assault defense lawyer can file motions to challenge the case.
A: In Texas, only the State can drop charges. Even if the victim wants to recant, prosecutors may continue. An assault attorney can negotiate or push for dismissal with strong evidence.
A: Police investigate, then the DA decides whether to file charges. If filed, you may face arrest or court. Early legal representation is critical.
Houston Legal Help
JLG Law and Associates will contact you for a Free Legal Consultation
Consult an Experienced Assault Attorney in Houston
Being charged with assault in Houston can have serious consequences, including criminal penalties, fines, and long-term effects on your personal and professional life. Prosecutors often act quickly, and without experienced legal representation, you risk harsh outcomes. At Juan L. Guerra, Jr. & Associates, we thoroughly investigate every detail of your case, gather critical evidence, challenge the prosecution’s claims, and defend your rights aggressively.
We offer a free, confidential consultation to review your case and explain your options. Whether your charge involves simple assault, aggravated assault, domestic violence, or other related offenses, we develop a defense strategy tailored to your situation. From negotiating reduced charges to taking your case to trial if necessary, our mission is to protect your freedom, safeguard your record, and provide a skilled Houston assault lawyer in your corner.
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