Fort Worth Assault Lawyer: Your Complete Guide to Texas Assault Charges
Facing assault charges in Fort Worth can be overwhelming. Whether you’ve been charged with a misdemeanor or felony assault, the consequences can follow you for life. An assault conviction can result in jail time, substantial fines, a permanent criminal record, and collateral consequences that affect your employment, housing, and future opportunities.
Understanding Texas assault law and securing experienced legal representation is critical to protecting your rights and your future. In this article, our Fort Worth assault lawyers explain the law, the different types of assault charges, and possible defenses.
What Is Assault Under Texas Law?
Texas assault law is codified in Texas Penal Code § 22.01, which defines assault more broadly than many people realize. You don’t have to physically strike someone to be charged with assault in Texas. The statute establishes three distinct ways a person can commit assault:
- Causing bodily injury – Intentionally, knowingly, or recklessly causing bodily injury to another person, including a spouse
- Threatening imminent bodily injury – Intentionally or knowingly threatening another person with imminent bodily injury
- Offensive or provocative contact – Intentionally or knowingly causing physical contact with another person when you know or should reasonably believe that the other person will regard the contact as offensive or provocative
Under Texas Penal Code § 1.07(a)(8), “bodily injury” means physical pain, illness, or any impairment of physical condition. This definition is intentionally broad, meaning that even minor pain or temporary impairment can satisfy the legal standard for bodily injury.
Understanding the Different Types of Assault Charges in Fort Worth
Class C Misdemeanor Assault
The least serious assault charge in Texas is a Class C misdemeanor, which typically involves threats of bodily harm or offensive physical contact without actual injury. Examples include threatening language, spitting on someone, or unwanted touching that doesn’t cause pain or injury. A Class C misdemeanor assault is punishable by a fine of up to $500.
However, even this seemingly minor charge can have serious consequences. An assault conviction of any kind becomes part of your permanent criminal record, potentially affecting employment opportunities, professional licenses, and your ability to own firearms.
Class B Misdemeanor Assault
Under limited circumstances outlined in Texas Penal Code § 22.01(c)(2), assault can be charged as a Class B misdemeanor. This typically applies when a person who is not a sports participant commits assault against a sports participant either while they’re performing their duties or in retaliation for their performance. A Class B misdemeanor is punishable by up to 180 days in jail and a fine of up to $2,000.
Class A Misdemeanor Assault
The most common assault charge in Texas is Class A misdemeanor assault, which applies when someone intentionally, knowingly, or recklessly causes bodily injury to another person. This is the baseline charge for assault causing any physical pain or impairment. A conviction carries up to one year in county jail and a fine of up to $4,000.
Class A misdemeanor assault can also apply to offensive contact against elderly or disabled individuals, as defined by Texas Penal Code § 22.04, even if no injury occurs.
When Assault Becomes a Felony in Texas
What many people don’t realize is how quickly a misdemeanor assault charge can be elevated to a felony under Texas law. The legislature has created numerous enhancements that transform what would otherwise be a Class A misdemeanor into a serious felony offense.
Third-Degree Felony Assault
Under Texas Penal Code § 22.01(b), assault becomes a third-degree felony when committed against specific protected classes or under certain circumstances. A third-degree felony carries 2 to 10 years in state prison and a fine of up to $10,000.
Third-degree felony assault applies when the assault is committed against:
- Public servants (police officers, firefighters, judges) while lawfully discharging official duties or in retaliation for their performance of duty
- Security officers or emergency services personnel while performing their duties
- Family members, household members, or dating partners when the defendant has a previous assault conviction involving family violence
- Family members, household members, or dating partners by impeding their normal breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth (strangulation)
- Process servers while performing their duties
- Hospital personnel while on hospital property
- Government contractors or employees working in certain facilities
- Pregnant individuals to force them to have an abortion
Recent legislative sessions have continued to expand the categories of protected individuals, including utility employees performing their duties, reflecting the Texas Legislature’s commitment to protecting public servants and essential workers.
Second-Degree Felony Assault
Under Texas Penal Code § 22.01(b-2), assault against a peace officer or judge while lawfully discharging official duties or in retaliation for their official duties is elevated to a second-degree felony. This charge carries a punishment of 2 to 20 years in state prison and a fine of up to $10,000.
Aggravated Assault: First and Second-Degree Felonies
Texas Penal Code § 22.02 defines aggravated assault, which occurs when a person commits assault as defined in § 22.01 and either:
- Causes serious bodily injury to another person, or
- Uses or exhibits a deadly weapon during the commission of the assault
“Serious bodily injury” under Texas Penal Code § 1.07(a)(46) means injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Aggravated assault is generally a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. However, aggravated assault becomes a first-degree felony — carrying 5 to 99 years or life in prison — when it involves certain aggravating factors such as:
- Using a deadly weapon and causing serious bodily injury to a family member, household member, or dating partner
- Committing the offense against a public servant, security officer, or witness
- Prior convictions for family violence
The Critical Importance of Hiring a Fort Worth Assault Lawyer
When facing assault charges in Fort Worth, the stakes couldn’t be higher. Prosecutors in Tarrant County take assault charges seriously and often pursue maximum penalties, particularly in cases involving family violence, public servants, or repeated offenses. Here’s why you need an experienced Fort Worth assault lawyer:
Understanding Complex Legal Defenses
Texas law provides several defenses to assault charges, but they must be properly raised and supported with evidence. Common defenses include:
Self-Defense – Under Texas Penal Code § 9.31, a person is justified in using force against another when and to the degree the person reasonably believes the force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force. However, the force used must be proportional to the threat.
Defense of Others – Texas Penal Code § 9.33 allows the use of force to protect a third person if the circumstances would justify self-defense. This defense requires careful legal analysis of what the defendant reasonably believed at the time.
Consent – Under Texas Penal Code § 22.06, the victim’s effective consent can be a defense to assault charges if the conduct did not threaten or inflict serious bodily injury, or if the victim knew the conduct was a risk of their occupation, recognized medical treatment, or a scientific experiment.
Lack of Intent – The prosecution must prove that you acted intentionally, knowingly, or (in some cases) recklessly. If the contact was purely accidental, you may have a complete defense.
Navigating the Tarrant County Criminal Justice System
Fort Worth assault cases are prosecuted in Tarrant County courts, which include both county courts for misdemeanor offenses and district courts for felony cases. An experienced Fort Worth assault lawyer understands the local procedures, knows the prosecutors and judges, and can navigate the system effectively on your behalf.
The criminal process typically involves:
- Arrest or citation
- Initial appearance and bond setting
- Arraignment
- Pre-trial negotiations and motion practice
- Trial preparation and jury selection (if necessary)
- Trial or plea agreement
- Sentencing
At each stage, critical decisions must be made that can dramatically affect the outcome of your case. An experienced lawyer can identify weaknesses in the prosecution’s case, negotiate favorable plea agreements when appropriate, or aggressively defend your case at trial.
Protecting Your Future
It’s important to understand that the consequences of an assault conviction extend far beyond criminal penalties. An assault conviction can:
- Prevent you from obtaining or maintaining professional licenses
- Disqualify you from certain employment opportunities
- Impact child custody and visitation rights in family law matters
- Affect your immigration status if you’re not a U.S. citizen
- Prohibit you from owning or possessing firearms
- Result in protective orders that restrict where you can live and work
- Create a permanent criminal record that cannot be sealed or expunged in most cases
An experienced Fort Worth assault lawyer can work to minimize these collateral consequences, potentially negotiating reduced charges, deferred adjudication, or other alternatives that protect your record and your future.
Investigating and Building Your Defense against Assault Charges
When facing assault allegations, the steps your Fort Worth assault lawyer takes early in the case can dramatically affect the outcome. A strong defense starts with a meticulous, proactive investigation that uncovers weaknesses in the prosecution’s case and builds a compelling argument for your innocence or reduced charges.
Here’s how an experienced Fort Worth assault lawyer builds a solid defense:
- Interview witnesses and obtain witness statements: A skilled Fort Worth assault attorney will locate and interview witnesses as soon as possible. Their recollections may support your version of events or raise doubts about the alleged victim’s account. Your lawyer will also obtain sworn statements that can be used to challenge inconsistencies in court.
- Collect physical evidence and surveillance footage: Any available video — from security cameras, smartphones, or body-worn police cameras — can be pivotal. Your Fort Worth assault lawyer will work quickly to secure and preserve this footage before it’s lost, deleted, or overwritten.
- Review police reports and body camera footage for constitutional violations: Assault cases often involve police interaction. Your attorney will comb through reports and video for signs of unlawful search, seizure, arrest, or Miranda violations—any of which may be grounds to suppress evidence or dismiss the case entirely.
- Obtain medical records and expert opinions: If injuries are involved, it’s essential to independently evaluate medical evidence. A seasoned Fort Worth assault lawyer will request medical records and consult with medical experts to determine whether injuries align with the alleged events or could have occurred in another manner.
- File motions to suppress evidence obtained illegally: If your rights were violated during the investigation, your attorney will file legal motions to suppress the resulting evidence. Successful suppression of key evidence often leads to dropped or reduced charges.
- Challenge the credibility and reliability of the alleged victim and witnesses: our defense may hinge on whether the jury believes the accuser. A strategic Fort Worth assault lawyer will investigate the background, motives, and prior statements of the alleged victim and any witnesses, revealing inconsistencies or biases that cast doubt on their reliability.
- Develop a comprehensive trial strategy if negotiations fail: If negotiations break down, you need an attorney who’s ready for battle in the courtroom. Your Fort Worth assault lawyer will build a trial strategy tailored to your circumstances—whether that means arguing self-defense, lack of intent, or mistaken identity.
Early intervention by an experienced lawyer can make the difference between a dismissed case and a conviction with life-altering consequences. The sooner a Fort Worth assault lawyer begins building your defense, the more opportunities there are to prevent charges from being filed, get the case dismissed, or secure a favorable plea agreement. Without aggressive legal representation, even a misdemeanor assault conviction can carry jail time, a criminal record, and lifelong consequences. Don’t wait—get experienced help now.
Why Choose Varghese Summersett for Your Fort Worth Assault Case
When your freedom and future are on the line, you need a Fort Worth assault lawyer with a proven track record of success. Varghese Summersett has been defending clients against assault charges throughout Tarrant County for years, achieving favorable outcomes in cases ranging from Class C misdemeanors to first-degree felony aggravated assault.
Our team includes board-certified criminal law specialists who understand the nuances of Texas assault law and how to build winning defenses. We thoroughly investigate every case, challenge weak evidence, and fight aggressively to protect our clients’ rights at every stage of the criminal process.
Whether through negotiation or trial, we’re committed to achieving the best possible outcome in your case. We understand that good people can face bad situations, and we believe everyone deserves a vigorous defense regardless of the charges they face.
Contact a Fort Worth Assault Lawyer Today
If you’ve been charged with assault in Fort Worth or anywhere in Tarrant County, time is critical. Evidence can disappear, witnesses’ memories fade, and important deadlines can pass. The sooner you have an experienced lawyer working on your case, the better your chances of a favorable outcome.
Don’t face these serious charges alone. Contact Varghese Summersett today for a confidential consultation about your assault case. Our experienced Fort Worth assault lawyers are ready to review your case, explain your options, and begin building your defense. Call us at 817-203-222- or contact us online to schedule your consultation.
Your future is too important to leave to chance. Let Varghese Summersett’s experienced legal team fight for you.
