Assault Defense

It is a crime in Texas to Assault another person. If you are charged with assault you could face harsh criminal and civil penalties. If you have been accused of Assault in Texas you could be facing steep fines, jail time, probation, community service, mandatory counseling including anger management and the batterer’s intervention program. Furthermore, If you are convicted of Assault in Texas it could affect your job, your ability to be a parent, your ability to own a fire arm, or your ability to work. The Udeshi Law Firm has the experience and the resources to help guide you thought this crucial time to help provide the best possible defense to your Assault case.


In Texas, the Crime of Assault can range in punishment from Class “C” Misdemeanors all the way up to a Aggravated Felonies depending on the circumstances and the specifics facts that are alleged. Generally, Assault in Texas is defined as:

      • intentionally, knowingly, or recklessly causing bodily injury to another person.
      • intentionally or knowingly threatening another person with imminent bodily injury, or
      • intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.

(Tex. Penal Code Ann. § 22.01).

Furthermore, the type of Assault a person is charged with can generally be determined by the amount of injury that was caused to the victim. Class “C” Assaults are assaults that cause the victim to experience offensive contact. This type of assault usually dies not cause any injury to the victim. Class “A” Assaults are assaults that cause Bodily Injury to the victim. These injuries are usually characterized by bruises or scratches or scrapes. Felony Assaults are assaults that cause serious bodily injury to the victim. These injuries can be characterized by broken bones, loss of limb, or disfigurement.

The penalties for simple Assaults in Texas are as follows:

      1. Class C misdemeanor – a fine up to $500.
      2. Class B misdemeanor – up to 180 days in jail and a fine up to $2000.
      3. Class A misdemeanor – up to one year in jail and a fine of up to $4000.

The penalties for Aggravated Assault in Texas are as follows:

      1. Second degree felony – from two to 20 years in prison and a fine of up to $10,000
      2. First degree felony – from five to 99 years in prison and a fine up to $10,000


Family Violence Assaults, or Domestic Assaults are assault where the victim and the accused are family members, household member, spouses, romantic partners, former spouses, persons related by marriage, or persons who used to be in a dating relationship. These assaults can be charged as misdemeanors or felonies, depending on the circumstances, the facts alleged, and criminal history of the accused.

These assaults usually carry an affirmative finding of family violence if convicted and these findings can have long-lasting consequences. For example, it is against the law for someone who has an affirmative finding of family violence to own a firearm or join the military. Furthermore, having an Affirmative Finding of Family Violence on your criminal record could also preclude you from becoming a joint managing conservator to a child and could prevent an applicant from completing an adoption.


If you are convicted for assault, it becomes part of your permanent criminal record. If you are later charged with another crime, the district attorney and the court will usually consider your prior conviction and subject you to more serious punishments in the new case.

A stain on your record for an assault can affect you negatively when starting a dating relationship, looking for a job, rent a house or apartment, and even being a parent. The attorneys at Udeshi Law Firm are experienced at dealing with Assault cases in Texas and can help ypoui navigate and all options including representation at trial.