Denton Assault Attorney

Law Regarding Assaultive Offenses

The law regarding assaultive offenses in Texas can be found in Chapter 22 of the Texas Penal Code.

These laws apply to conduct that occurs in Denton County, whether an allegation arises from an argument at home, a bar fight on Fry Street, or a dispute that escalates during a traffic stop. While the statute provides the framework for what can be charged, local prosecutors in Denton have discretion in how to file and pursue each case. A domestic violence attorney Denton residents trust will evaluate not only what the law says on paper but also how it is being applied in the local courts in your specific situation.

Assaultive offenses against people in protected classes can be found in Texas Penal Code Section 22.04 such as Injury to a Child, Injury to an Elderly Individual, or Injury to a Disabled Individual.

What is Assault by Contact?

In Texas, assault by contact is a criminal offense that entails physical contact with another person intentionally or knowingly in a way that the offender knows or should reasonably think will be regarded as offensive. This offense is normally charged as a Class C misdemeanor, which carries a fine. 

Even though it is the lowest-level assaultive offense, a conviction for assault by contact can still appear on a background check and create problems with employment, schooling, or professional licensing. Many people are surprised to learn that a heated argument on the Denton Square or at a University of North Texas event can result in a citation that must be addressed in court. By consulting with an assault attorney Denton defendants can review options for dismissals, reductions, or other resolutions that may reduce the long-term impact of this type of charge.

About Assault Causing Bodily Injury - Family Violence in Texas

The single most common assault charge prosecuted in Denton County, Texas is a variation of Class A Assault called Assault Causing Bodily Injury -Family Violence. Misdemeanor assaults can be charged as Family Violence cases pursuant to Texas Family Code Section 71.003 when certain relationships exist between the defendant and the alleged victim.

For example, if the alleged victim is related by blood or affinity to the defendant, if the alleged victim and the defendant are former spouses, if the alleged victim and the defendant are parents of the same child, if there is a foster child and parent relationship between the alleged victim and the defendant, if there is or has been a dating relationship between the alleged victim and the defendant, and if the alleged victim and the defendant have shared a household.

Although Family Violence cases are usually charged as Class A misdemeanors, the affirmative finding that Family Violence did occur has very serious consequences. Non-citizens convicted of Assault Family Violence can be denied Lawful Permanent Resident Status or be deported. Family violence convictions can cause individuals to lose professional licenses and can prevent skilled tradesmen from being bonded.

In addition to immigration and employment issues, a family violence finding can affect child custody cases in Denton County family courts and may lead to long-term protective orders that restrict contact with your children or other family members. Judges often look closely at the facts of the incident, any prior reports, and the steps a person has taken since the arrest, such as counseling or classes. Working with a domestic abuse attorney Denton residents can rely on allows you to demonstrate to the court that you are taking the situation seriously and addressing any concerns that may have contributed to the allegation.

Firearm Restrictions and Assault Family Violence

Under federal law, a person convicted of Assault Family Violence in a Texas state court cannot possess a firearm for the rest of his or her life. If a person is charged a second time with Assault Family Violence after having been convicted or having received deferred adjudication on an initial Class A Family Violence charge, the offense can be charged as a third-degree felony.

Fortunately, there are defenses to charges of Assault Family Violence. Often there is little or no physical evidence in Assault Family Violence cases. If the case is not dismissed before trial, the credibility of the accuser can often be effectively challenged at trial. Also, Chapters 8 and 9 of the Texas Penal Code deal with justifications and defenses to criminal charges, and additionally, there are other defenses recognized in case law. The most common defense available in assault cases is the defense of "self-defense."

Because the stakes are so high, including possible felony enhancement and permanent loss of gun rights, it is critical to begin building a defense immediately after an arrest. This may include preserving photographs, text messages, and social media posts, as well as identifying witnesses who saw what actually happened. A domestic violence lawyer Denton defendants hire will also consider whether the initial 911 call or later statements to police are consistent and whether the evidence supports a lawful claim of self-defense or defense of others.

Assault Causing Bodily Injury in Texas

Class A misdemeanor assault occurs if a person intentionally, knowingly, or recklessly caused "bodily injury" to the complainant. Texas Penal Code Section 22.01(a)(1). The Texas Penal Code defines "bodily injury" very broadly to mean any "physical pain, illness, or any impairment of physical condition.

Many people mistakenly believe that they will not be convicted in cases where there are no bones broken, blood, scratches, bruises, or red marks. This means that at trial, the prosecutor has to only prove that the alleged victim experienced pain. The same assault offense elements apply in cases where it is a police officer who is assaulted, but because the alleged victim is a public servant, those cases are often charged as a third-degree felony Assault on a Public Servant.

In practice, these cases often turn on how credible jurors find the complaining witness and whether there is objective evidence, such as photographs, medical records from local hospitals, or neutral eyewitnesses. Video from patrol cars, businesses near the Denton County Courthouse, or nearby residences can also play a major role in confirming or challenging the story told in the police report. When you work with an assault lawyer Denton residents trust, you have someone closely reviewing every piece of available evidence and advising you about whether negotiation, pretrial motions, or trial offers the best path forward.

Domestic Violence And Assault Process In Denton County

After an arrest for family violence or aggravated assault in Denton County, most people are taken to the Denton County Jail before they ever see a judge. Bond amounts, no-contact orders, and emergency protective orders may be set quickly, sometimes without the accused person fully understanding what has happened. We help clients and their families interpret these initial conditions, work with local bondsmen when appropriate, and prepare for the first court appearance at the Denton County Courts at Law or District Court.

As the case moves forward, there may be multiple settings for announcements, plea negotiations, and pretrial motions before any trial date is scheduled. During this time we obtain and review discovery, request supplemental evidence, and may recommend counseling or classes that can both address underlying issues and improve how you are viewed by the court. A domestic abuse lawyer Denton residents turn to can also communicate with prosecutors about weaknesses in the case, such as conflicting statements, lack of physical evidence, or possible self-defense, to advocate for dismissals or reductions where appropriate.

Aggravated Assault in Texas

The offenses of Aggravated Assault Causing Serious Bodily Injury and Aggravated Assault With a Deadly Weapon are set forth in Texas Penal Code Section 22.02 and considered second degree felonies.

A person commits the offense of Aggravated Assault Causing Serious Bodily Injury if he or she commits an assault that causes "serious bodily injury" which is a legal term defined as bodily injury that creates:

A person commits the office of Aggravated Assault with a Deadly Weapon if he or she uses or exhibits a deadly weapon during the commission of an assault. "Deadly weapon" means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Aggravated assault charges often involve lengthy potential prison sentences, high bail amounts at the Denton County Jail, and intense scrutiny from law enforcement and prosecutors. These cases frequently require independent investigation, consultation with medical professionals, and, in some situations, the assistance of use-of-force or ballistics specialists. An aggravated assault defense attorney Denton defendants retain will carefully analyze whether the alleged injuries truly meet the legal definition of “serious bodily injury” and whether the object claimed to be a deadly weapon was actually used in a manner that meets the statutory standard.

Injury to a Child, to an Elderly Person or to a Disabled Person

Charges of Injury to a Child, Injury to an Elderly Individual, or Injury to a Disabled Person are felonies, although the degree of felony depends upon the actor's level of intent and the extent of injury to the alleged victim.

These cases are often emotionally charged and may involve parallel investigations by Child Protective Services or Adult Protective Services in addition to criminal charges. Statements made in family court or to investigators can later be used in a criminal proceeding, so it is important to receive guidance before answering detailed questions about the incident. A domestic abuse lawyer Denton families work with can coordinate between the different courts and agencies to help protect both your liberty and your relationship with your loved ones.