Houston Assault Attorney
As a Houston assault attorney with Board Certification in Criminal Law and experience as a former prosecutor, Jose Ceja builds every assault defense around one priority: keeping the charge off your record.
Jose Ceja is a Board-Certified Criminal Defense Attorney and former prosecutor representing people charged with assault in Houston and throughout Harris County. Hablamos español y estamos listos para ayudarle con su caso.
Assault charges in Texas range from a Class C misdemeanor to a first-degree felony. The specific charge depends on who was involved, what happened, and whether a weapon was used. Regardless of where your case falls on that spectrum, the consequences — criminal penalties, a permanent record, firearm restrictions, and immigration exposure — are serious enough to require experienced legal representation from the start.
Quick Summary: Assault Charges in Texas
- Assault in Texas includes threats, offensive contact, and causing injury
- Charges range from a Class C misdemeanor to a first-degree felony
- Cases become felonies based on injury, prior history, or protected victims
- Family violence allegations carry additional consequences, including firearm restrictions
- Many assault cases can be defended through self-defense, lack of intent, or credibility challenges
What Constitutes Assault Under Texas Law
Under Texas Penal Code §22.01, a person commits assault if they:
- Intentionally, knowingly, or recklessly cause bodily injury to another person
- Threaten another person with imminent bodily injury
- Cause physical contact with another person in a way that is offensive or provocative
Texas does not have a separate “battery” offense. What other states call “assault and battery” is treated as a single charge under Texas law — historically, battery meant physically striking someone while assault meant threatening to do so. Texas merged both into one statute. The charge covers everything from a shove or a verbal threat to a bar fight or a domestic dispute.
Assault Charges in Houston: By the Numbers
Assault is one of the most frequently charged offenses in Harris County. Understanding the scope of the problem helps explain why prosecutors take these cases seriously — and why the defense strategy matters from day one.
Aggravated assault is the most commonly charged violent crime in Texas, ranking fourth among all reported offenses statewide, according to the Texas DPS 2023 Crime in Texas Report.
- Houston accounts for more reported crime incidents than any other city in Texas — 16.1% of all statewide incidents in 2023 per Texas DPS.
In Harris County, 38 intimate partner homicides were documented in 2023, the highest concentration of any county in the state, per the Texas Council on Family Violence.
- Texas law enforcement responded to more than 218,000 family violence incidents in a single year, with 14% classified as aggravated assault, per the Texas DPS Crime in Texas report.
Misdemeanor vs. Felony Assault
Most assault charges begin as misdemeanors, but several factors can elevate them to felonies.
Class C Misdemeanor
Threatening someone with bodily injury or making offensive physical contact. Punishable by a fine up to $500 with no jail time. This charge elevates to a Class A misdemeanor if the victim is elderly or disabled.
Class A Misdemeanor
Assault causing bodily injury. Carries up to one year in county jail and a fine up to $4,000
Assault escalates to a felony when aggravating circumstances are present:
Third-degree felony
Assault against a public servant or emergency personnel (other than a peace officer or judge); assault by strangulation or suffocation in a domestic context; assault family violence with a prior conviction; or assault against a person the defendant knows is pregnant. Punishable by 2 to 10 years in prison.
Second-degree felony
Aggravated assault causing serious bodily injury or committed with a deadly weapon; or assault against a peace officer or judge while they are lawfully discharging official duties. Punishable by 2 to 20 years in prison.
First-degree felony
Aggravated assault under certain aggravating circumstances, including against a family member using a deadly weapon, in retaliation against a witness, or in a drive-by shooting causing serious bodily injury. Also applies when the assault causes traumatic brain or spinal cord injury resulting in a persistent vegetative state or irreversible paralysis. Punishable by 5 to 99 years in prison.
Assault Charges We Handle
Aggravated Assault
Aggravated assault is charged under Texas Penal Code §22.02 when the assault causes serious bodily injury or involves the use or exhibition of a deadly weapon. A deadly weapon does not have to be a firearm — knives, blunt objects, vehicles, and even hands or feet can qualify depending on how they were used. An unloaded gun still qualifies as a deadly weapon under Texas law. Aggravated assault is a second-degree felony in most cases and a first-degree felony under certain circumstances.
Assault of a Police Officer
Assaulting a peace officer or judge while they are lawfully performing official duties is a second-degree felony — the same punishment range as most aggravated assault cases. Assaulting other public servants, firefighters, emergency medical personnel, or security officers is a third-degree felony. Harris County prosecutors treat these cases as high priority.
Assault Family Violence
Assault family violence applies when the alleged victim is a family member, household member, or current or former dating partner. A first offense is typically a Class A misdemeanor, but it can be elevated to a third-degree felony if the defendant has a prior conviction for family violence assault, a prior protective order violation, or if the assaults are continuous — meaning two or more qualifying acts within a 12-month period. A family violence finding — even on a misdemeanor — triggers a lifetime federal ban on firearm possession and makes the offense ineligible for expunction or nondisclosure. See also: can a protective order be lifted in an assault family violence case?.
Assault by Strangulation
Intentionally impeding someone’s breathing or blood circulation by applying pressure to the throat or neck, or blocking the nose or mouth, is a third-degree felony when committed in a domestic context. Prosecutors treat strangulation allegations as serious cases, and these charges frequently come with emergency protective orders, no-contact bond conditions, and significant prison exposure.
What Happens After an Assault Arrest in Houston
After an assault arrest, you will typically be taken to jail and go before a magistrate within 48 hours for a bond hearing. Bond conditions in assault cases commonly include a no-contact order with the alleged victim, prohibition on firearm possession, and in serious cases GPS monitoring. Violating any bond condition can result in bond revocation and additional charges. Your first court appearance is the arraignment, where a plea is entered. From there, the defense attorney obtains the full file — police reports, body camera footage, 911 recordings, and witness statements — and evaluates the options. In felony cases, the prosecutor must present the case to a grand jury before an indictment can be filed. We regularly prepare grand jury packets in aggravated assault cases, presenting our client’s perspective directly to grand jurors before they vote on whether to indict. Do not wait to hire an attorney. Decisions made in the first days after an arrest — including what you say and to whom — can significantly affect how your case resolves.
Common Defenses to Assault Charges
At Ceja Law Firm, we review every piece of evidence before building a defense strategy.
Self-defense or defense of others
Texas law permits the use of reasonable force when a person reasonably believes it is necessary to protect themselves or someone else from harm. See our full discussion of Texas self-defense laws.
Consent
Texas law recognizes consent as a statutory defense to assault in certain contexts, such as mutual combat or contact that is a known risk of a person’s occupation or a recognized medical procedure. If there is evidence that the alleged victim effectively consented to the contact, the charge may be challenged on that basis.
False allegations
Assault charges frequently arise from personal disputes and contentious separations where a party has a motive to fabricate or exaggerate. We investigate the alleged victim’s credibility and look for inconsistencies in the evidence.
Lack of intent
The prosecution must prove you acted intentionally, knowingly, or recklessly. Accidental contact does not meet the legal standard for assault.
Insufficient evidence
No visible injuries, no independent witnesses, conflicting accounts, or unreliable video footage can support a motion to dismiss or a not-guilty verdict at trial.
Immigration Consequences
If you are not a U.S. citizen, an assault conviction can affect your immigration status. Assault family violence convictions are deportable offenses under federal law. Aggravated assault may qualify as an aggravated felony, which carries mandatory bars to re-entry and naturalization. Deferred adjudication — which does not result in a conviction under Texas law — is still treated as a conviction for immigration purposes.
Ceja Law Firm does not provide immigration legal services, but we factor immigration consequences into our defense strategy from the beginning.
How Assault Cases Are Defended
At Ceja Law Firm, assault cases are approached in three steps:
1. Case Review
We analyze the charges, the facts, and your priorities — protecting your record, your immigration status, your career, or all three.
2. Evidence Investigation
We obtain the full file and identify weaknesses in the state’s case.
3. Defense and Resolution
We pursue dismissal, reduction, or diversion where possible. If the case requires trial, we are ready.
Frequently Asked Questions About Assault Charges in Texas
Simple assault under §22.01 covers threats, offensive contact, and injuries that do not rise to the level of serious bodily injury. Aggravated assault under §22.02 applies when the assault causes serious bodily injury — meaning a substantial risk of death, permanent disfigurement, or protracted loss or impairment of a body part — or when a deadly weapon is used or exhibited during the assault.
No. Texas does not have a standalone battery offense. What other states call “assault and battery” is charged as a single assault offense under Texas Penal Code §22.01. The statute covers both threatening harm and physically carrying it out.
No. Under Texas law, a weapon qualifies as deadly based on its capacity to cause death or serious bodily injury, not whether it actually did. An unloaded firearm, a knife, a blunt object, or even a vehicle can all qualify as deadly weapons depending on how they were used. The state does not have to prove the weapon was fired or made contact — only that it was used or exhibited in a way capable of causing serious harm.
Yes. Dismissals happen when evidence is insufficient, when the alleged victim recants or declines to cooperate, or when the defense identifies legal deficiencies in the charge. A dismissal does not happen automatically — it requires an attorney who actively pursues it from the moment of arrest. See also: what is an affidavit of non-prosecution and can it get an assault case dismissed?.
The decision to prosecute belongs to the district attorney, not the alleged victim. Harris County prosecutors can and do proceed over a victim’s objection. A victim’s lack of cooperation or recantation affects the strength of the case, but it does not automatically result in dismissal.
It depends on the offense. A misdemeanor assault conviction does not automatically prohibit firearm possession under federal law. However, a misdemeanor assault family violence conviction triggers a lifetime federal ban under 18 U.S.C. §922(g)(9). All felony assault convictions also result in firearm prohibition.
If your case was dismissed or you were acquitted, you may qualify for expunction — complete destruction of the arrest record. Deferred adjudication may qualify for nondisclosure, but not in family violence cases. A conviction cannot be expunged. Learn more: how to expunge your case in Houston.
Not necessarily. Many misdemeanor assault cases resolve without jail time through deferred adjudication probation, negotiated pleas to lesser offenses, or conditional dismissal programs. The outcome depends heavily on the facts and your attorney’s ability to negotiate.
Talk to a Houston Assault Attorney
If you’re facing an assault charge in Houston, it’s important to understand your options early. These cases are often more defensible than they appear, but the outcome can depend on how the case is handled from the beginning. Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has handled assault cases throughout Houston, Harris County, Fort Bend County, Galveston County, Brazoria County, and Montgomery County. Contact Ceja Law Firm today for a free, confidential consultation.
When you need a Houston assault attorney with the credentials and courtroom experience to fight these charges, Ceja Law Firm is ready — call today for a free, confidential consultation.
Don’t face an assault charge without Board-Certified defense. Ceja Law Firm serves clients throughout Houston and Harris County. Hablamos español. Call today for a free, confidential consultation.
