Charged with Assault in Houston? Get Experienced Legal Defense
Assault is one of the most commonly charged offenses in Texas and can range from a minor misdemeanor to a serious felony carrying potential jail or prison time. Beyond legal penalties, an assault conviction can have long-lasting consequences, including damage to your reputation, career limitations, immigration consequences, and restrictions on firearm possession.
Attorney Jose Ceja is a Board-Certified Criminal Defense Lawyer, Texas Super Lawyer and former prosecutor with extensive experience handling all types of assault cases. If you are facing an assault charge in Houston or the surrounding areas, call Ceja Law Firm today for a free consultation to discuss your legal options.
Assault Charges in Texas: When is It Charged as a Misdemeanor?
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.
Most misdemeanor assault charges fall into one of two categories:
- Class A Misdemeanor – Assault causing bodily injury (up to 1 year in jail and a $4,000 fine).
- Class C Misdemeanor – Threats of bodily injury or offensive contact (fine up to $500).
A misdemeanor assault charge can escalate to a felony if certain aggravating factors are present.
When is Assault Charged as a Felony?
Certain circumstances can elevate an assault charge to a felony:
- Assault against a family member, household member, or dating partner with a prior conviction → Third-degree felony (2–10 years in prison).
- Assault involving strangulation or suffocation in a domestic violence case → Third-degree felony.
- Assault against a police officer, security officer, emergency personnel, or public servant → Third-degree felony.
- Aggravated assault (causing serious bodily injury or involving a deadly weapon) → Second-degree or first-degree felony.
Convictions for felony assault can have life-altering consequences, making it critical to seek aggressive legal defense.
Defending Against Assault Charges
At Ceja Law Firm, we analyze every aspect of your case and build a defense strategy tailored to your specific situation. Common defenses to assault charges include:
1. Self-Defense or Defense of Others
Texas law allows individuals to use reasonable force to protect themselves or others from harm. If you reasonably believed you were in imminent danger, you may have a valid self-defense claim.
2. False Allegations
Assault charges often stem from misunderstandings, revenge motives, or false accusations. We investigate inconsistencies in witness statements, motive to lie, and lack of physical evidence.
3. Lack of Intent
To secure a conviction, the prosecution must prove that you acted intentionally, knowingly, or recklessly. If the contact was accidental, the charge could be dismissed or reduced.
4. Insufficient Evidence
A strong defense strategy involves challenging weak evidence, unreliable witnesses, or lack of medical records proving bodily injury.
Frequently Asked Questions About Assault Charges in Texas
What Happens If I Violate My Bond Conditions?
Violating bond conditions can lead to bond revocation, additional charges, or stricter monitoring. Common bond conditions include:
- No contact with the alleged victim
- No firearm possession
- Travel restrictions
- GPS monitoring in serious cases
How Long Will My Case Take?
Assault cases in Houston can take several months to over a year to resolve, depending on the complexity of the case, evidence availability, and whether the case goes to trial.
Can an Assault Charge Be Expunged?
You may be eligible for an expunction (complete record destruction) if:
- Your case was dismissed.
- You were found not guilty at trial.
Alternatively, if you successfully complete deferred adjudication, you may qualify for a non-disclosure (record sealing), though this is not available for family violence cases.
What Are the Immigration Consequences of an Assault Charge?
If you are a non-U.S. citizen, an assault conviction could lead to deportation, denial of re-entry, or ineligibility for citizenship. Domestic violence-related charges and aggravated assault offenses may be classified as crimes involving moral turpitude (CIMTs) or aggravated felonies under immigration law. It is critical to work with both a criminal defense attorney and an immigration attorney to protect your legal status.
(Ceja Law Firm does not provide immigration legal services but works to minimize the impact of criminal charges on immigration cases.)
Why Hire Ceja Law Firm for Your Assault Case?
- Board-Certified Criminal Defense Attorney – Recognized by the Texas Board of Legal Specialization.
- Former Prosecutor – Unique insight into prosecution tactics.
- Aggressive Trial Advocacy – Ready to take your case to trial if necessary.
- Proven Results – Successful dismissals and reduced charges in assault cases.
Contact Our Houston Assault Attorney Today
If you have been charged with assault in Houston, do not face the legal system alone. Ceja Law Firm is committed to protecting your rights, your freedom, and your future. Call today for a free consultation.
Jose Ceja is Board Certified in Criminal Law and handles assault cases throughout Texas, including Houston, Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Liberty County, Montgomery County, Walker County, and Waller County.
