An assault charge in Texas moves fast. If you have been arrested or believe charges are coming, the time to get an Abilene assault defense lawyer is now, not after your first court date. The Law Offices of David M. White handles assault defense in Abilene, Taylor County, and across West Texas.
Call 325-437-3311 for a free consultation, or submit your case details online, and we will call you back.
David M. White is a Texas criminal defense attorney who has represented clients in Taylor County courts on assault charges ranging from Class C misdemeanors to first-degree felonies. He is licensed by the State Bar of Texas and focuses his practice on criminal defense in Abilene and the surrounding West Texas region. When you call, you speak directly with him about your case.
What Texas Law Defines as Assault
Under Texas Penal Code § 22.01, assault covers three categories of conduct: intentionally causing bodily injury to another person, intentionally threatening someone with imminent bodily injury, or making physical contact that the other person would reasonably find offensive or provocative.
No serious injury is required. A heated argument that turns physical, a push, or even a credible verbal threat can produce a criminal charge. That broad definition catches people off guard, and it’s why the charge needs to be taken seriously from the start.
If any of these situations apply to you, the right time to speak with a defense attorney is now; call 325-437-3311 for a free consultation.
Assault Charges We Handle in Abilene
Texas assault charges range from a Class C misdemeanor to a first-degree felony. Where your case falls on that spectrum depends on the facts, the alleged victim’s identity, and whether a weapon was involved.
Not sure what level you’re facing? Call 325-437-3311. We’ll review it with you at no cost.
Class C and Class A Misdemeanor Assault
Class C misdemeanor assault involves offensive contact or a threat without physical injury. Class A misdemeanor assault applies when bodily injury results and the alleged victim is not a family member or public servant. Both create a criminal record that shows up on background checks.
Felony Assault
Assault becomes a third-degree felony under Texas Penal Code § 22.01 when specific conditions are met, including when the alleged victim is a family member and a prior family violence conviction exists, or when the alleged victim is a public servant acting in that capacity.
Aggravated Assault
Texas Penal Code § 22.02 defines aggravated assault as causing serious bodily injury or using or exhibiting a deadly weapon during an assault. It is typically charged as a second-degree felony, with sentences ranging from 2 to 20 years. Against certain protected individuals, it becomes a first-degree felony carrying a sentence of 5 to 99 years.
Family Violence Assault
Assault charges involving a household member or intimate partner carry consequences that extend beyond the criminal sentence. A family violence finding affects firearm rights under federal law, can be used to enhance future charges, and is admissible in child custody proceedings. These cases require a defense that accounts for both tracks.
What Happens After an Assault Arrest in Texas
Having an attorney involved at every stage of a Taylor County assault case materially affects the outcome. After an arrest, your case moves through several stages: a bond hearing, arraignment, pre-trial discovery, and then either a negotiated resolution or trial. Most people facing assault charges have never been through this before. Here is what the process generally looks like in Taylor County.
Arrest, Bond, and Release Conditions
Bond is typically set at a magistrate hearing within 24 to 48 hours of arrest. In family violence cases, a no-contact order is frequently imposed as a condition of release, which can prevent you from returning to your own home. Getting an attorney involved before or immediately after the bond hearing gives you the best position on release conditions.
How Cases Move Through Taylor County Courts
After the arraignment, the case enters the pre-trial phase. The prosecution turns over discovery, including police reports, witness statements, body camera footage, and any other evidence collected. Your attorney reviews that material for weaknesses and evaluates whether dismissal, a charge reduction, or trial is the right path for your situation.
Misdemeanor cases in Taylor County generally resolve faster than felonies, but timelines vary depending on the facts and the court’s docket.
Call 325-437-3311 to speak with our Abilene assault defense lawyer about where your case stands.
Defenses That Apply to Assault Charges
A charge is not a conviction, and Texas law recognizes several defenses that can apply depending on the facts. Self-defense, consent, and challenges to the credibility of the evidence are among the most common. An attorney can evaluate which defenses fit your situation.
Self-Defense and Defense of Others
Texas law permits the use of force when a person reasonably believes it is immediately necessary to protect themselves or someone else from unlawful force. Once self-defense is raised, the prosecution must disprove it beyond a reasonable doubt. How the incident is framed and what evidence exists often determines whether this defense holds up.
Consent
Physical contact that would otherwise qualify as assault may, in limited circumstances, be consented to by the other party. This arises most often in mutual altercation situations where both parties were willing participants.
Credibility of the Evidence
Many assault cases rest entirely on conflicting accounts with no independent witnesses. Police reports frequently capture only one version of events. A careful review of the evidence for inconsistencies, gaps in documentation, and issues with witness credibility is a standard part of evaluating these cases.
Assault Defense Questions Answered by Our Abilene Attorneys
Can an assault charge in Texas be reduced or dismissed?
Yes, depending on the strength of the evidence and the facts of the case. Reductions to a lesser charge are possible through negotiation, and in some cases, charges are dismissed when the evidence does not support them. An attorney can assess what outcomes are realistic given your specific situation.
What if the alleged victim does not want to press charges?
In Texas, the decision to prosecute belongs to the district or county attorney, not the alleged victim. Prosecutors in Taylor County can and sometimes do proceed even when a complaining witness declines to participate or recants. An attorney familiar with how local prosecutors handle these cases should be involved from the start.
Will an assault conviction appear on a background check?
Yes. Even a Class C misdemeanor conviction creates a record that appears on standard background checks. Certain outcomes, like deferred adjudication, may qualify for nondisclosure under Texas law. Expungement of an assault conviction is generally limited to cases where charges are dismissed or a not-guilty verdict is reached.
Can I get an assault charge expunged from my record in Texas?
Expungement in Texas is available when charges are dismissed or a not-guilty verdict is reached. If you completed deferred adjudication, you may qualify for an order of nondisclosure, which seals the record from most public searches. A conviction generally cannot be expunged. An attorney can review your case outcome and tell you which options apply.
Your Next Step Starts with One Call
Assault charges do not wait, and the options available to you narrow as the case moves forward. The sooner an attorney is involved, the better positioned you are. The Law Offices of David M. White offers free consultations to people facing assault charges in Abilene and across West Texas.
Call 325-437-3311 or submit your information online, and we will call you back to get started. Se habla español.