Dallas Assault Lawyer | The Law Office of Mike Howard

Assault & Aggravated Assault Charges in Dallas, TX

If you or someone you love is facing an assault charge in Dallas, understanding the full scope of what’s at stake is crucial. Law enforcement, prosecutors, and courts handle these cases aggressively, often pursuing maximum penalties. Even if it’s a misdemeanor charge, an assault conviction can lead to jail time, expensive fines, and a criminal record that follows you for life.

More severe assault charges—such as aggravated assault or assault involving a public servant—can result in years behind bars, the loss of certain rights, and long-term restrictions on employment, housing, and firearm ownership.

With so much at stake, you need an experienced Dallas assault lawyer who understands how to navigate the legal system, assess the prosecution’s evidence, and build a strong defense strategy tailored to your case.

Defining Assault Charges in Texas

Under Texas Penal Code § 22.01, assault is a broad offense that can include various types of conduct, ranging from threats and offensive physical contact to violent acts resulting in serious injuries.

What Are the Forms of Assault in Texas?

Assault Causing Bodily Injury: Intentional, knowing, or reckless actions that result in any degree of physical pain or injury to another person.
Assault by Threat: Verbal or physical actions that reasonably place someone in fear of imminent harm, even if no physical contact occurs.
Assault by Offensive Contact: Making unwanted or provocative physical contact that could be considered offensive, even if it does not cause pain or injury.

Each of these offenses carries different levels of severity depending on who the alleged victim is, whether a weapon was used, and whether the accused has prior convictions.

The Types of Assault Charges in Texas

Misdemeanor Assault Charges

Even though misdemeanor assault is considered less severe than felony charges, it can still lead to jail time, fines, and permanent legal consequences.

Class C Misdemeanor: This is the least severe assault charge and applies to offensive contact or verbal threats of harm that do not result in injury. While it does not carry jail time, it can result in a fine of up to $500 and create a criminal record.
Class B Misdemeanor: Assault against a sports official during or after an event escalates the charge to a Class B misdemeanor, punishable by up to 180 days in jail and a fine of $2,000.
Class A Misdemeanor: Assault that causes bodily injury to another person is classified as a Class A misdemeanor, carrying penalties of up to one year in jail and fines up to $4,000. Assaults against elderly individuals or disabled persons can also fall under this category, leading to enhanced penalties.

Felony Assault Charges

When an assault case involves serious injuries, specific victims, or the use of weapons, the charge is elevated to a felony, which carries much harsher penalties.

Third-Degree Felony Assault: This applies when an assault is committed against a public servant, security officer, emergency personnel, or a repeat family violence offender. A conviction carries 2 to 10 years in prison and a fine of up to $10,000.
Second-Degree Felony Assault: Assault that involves strangulation, choking, or the use of a deadly weapon is classified as a second-degree felony, punishable by 2 to 20 years in prison and a $10,000 fine.
First-Degree Felony Assault: The most serious form of assault occurs when serious bodily injury is caused to a protected individual (such as a law enforcement officer or public official) or when a deadly weapon is used during a domestic dispute. This charge can result in 5 to 99 years in prison or life imprisonment, with a maximum fine of $10,000.

Aggravated Assault in Dallas, TX

What Makes an Assault “Aggravated”?

A standard assault charge becomes aggravated assault if it involves:

Serious bodily injury, such as broken bones, internal injuries, or injuries requiring hospitalization.
Use of a deadly weapon, such as a firearm, knife, or any object capable of inflicting life-threatening harm.

Common Examples of Aggravated Assault

A person stabbing or shooting another individual in an altercation.
A road rage incident where one driver intentionally rams another vehicle, causing serious injury.
A domestic dispute where one partner strangles the other, leading to breathing difficulties or unconsciousness.
A bar fight involving a weapon, such as a broken bottle or baseball bat.

If the alleged victim is a police officer, firefighter, or another public servant, the charge can escalate to a first-degree felony, leading to potential life imprisonment.

Consequences of an Assault Conviction in Texas

A conviction for any type of assault can lead to a variety of serious consequences, including the following:

Incarceration

One of the most significant consequences of an assault conviction is the possibility of being placed behind bars. Depending on the circumstances and the type of charge, you could spend anywhere from a few months to life imprisonment behind bars, losing your freedom and independence.

Other Criminal Penalties

Other criminal penalties that can be imposed include probation, expensive fines, and mandatory anger management classes. While on probation, you will have to comply with all the terms of probation, or you can face separate violation of probation charges.

A Criminal Record

Being convicted of assault will result in a criminal record that can follow you around for the rest of your life. Many people view this type of offense as a violent one, so it may interfere with your ability to secure a job, live in certain communities, or receive educational opportunities. The assault conviction will appear on background checks, so others will be able to see it.

Additionally, if you are convicted of one assault charge, you may face harsher penalties for any subsequent similar charges in the future. For example, if you are convicted of the lowest level of family violence assault, any future misdemeanor family violence or stalking charges can be prosecuted as third-degree felonies at the prosecution’s discretion.

Unlike some other offenses, assault charges are difficult to expunge from your record, meaning the impact of a conviction can follow you for life. This makes it vital to work with an assault attorney near you.

Loss of Rights

If the conviction involves family violence or is for a violent felony, you can lose certain rights, including loss of firearm rights and the loss of your right to vote.

Protective Orders

It is common in assault cases for courts to place protective orders. In family violence cases, judges may impose emergency protective orders that prevent you from returning to a shared residence or even seeing your children. If children were present when the incident occurred, Child Protective Services may get involved.

Employment Consequences

An assault conviction will show up in your background check, so you may be denied employment opportunities. An assault conviction can also affect the job you already have. For example, if you are in the military, you can be dishonorably discharged, or if you work in law enforcement, you can be reassigned or fired.

Loss of Professional Licenses

An assault conviction can also result in the loss of a professional license, making it difficult for doctors, nurses, teachers, and other licensed professionals to continue working. Professional licensing boards may discipline a license holder or deny an applicant based on a conviction for a violent crime. Skilled tradespeople may be unable to get bonded with such a conviction.

Immigration Consequences

Non-citizens who are convicted of assault may be denied a green card or removed and denied re-entry.

Family Consequences

A conviction for family violence or assault can affect child custody and visitation cases. Parents may have their visitation rights completely restricted or supervised. The other parent may be awarded custody in disputed cases.

These potential consequences make it vital that you work with an experienced criminal defense lawyer if you’re facing assault charges. Avoiding a conviction or having felony assault charges reduced to a misdemeanor can significantly impact your future. An experienced attorney from the Law Office of Mike Howard can carefully review your case, explain the potential short- and long-term consequences you’re facing, and work to safeguard your future.

Defenses Against Assault Charges in Dallas

First and foremost, the prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!

The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas defense attorney, it can be a powerful weapon.

Building a strong legal defense is crucial to protecting your rights and minimizing potential consequences. Depending on the circumstances of your case, possible defense strategies may include:

Self-Defense: If you used reasonable force to protect yourself from imminent harm, this can serve as a strong defense.
Defense of Others: If you intervened to protect another person from being harmed, the charges against you may be challenged.
Lack of Intent: If the contact was accidental or misinterpreted, it may not meet the legal definition of assault.
False Accusations: In cases of domestic disputes, child custody battles, or personal vendettas, false accusations are common. An experienced defense attorney can challenge the credibility of the accuser and expose inconsistencies in their testimony.
Lack of Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If the evidence is weak or based solely on unverified claims, your charges could be reduced or dismissed.

How a Dallas Assault Lawyer Can Help You

If you or a loved one is facing assault charges in Texas, you need a skilled and aggressive legal defense to protect your future. Attorney Mike Howard provides:

Thorough case investigation to uncover weaknesses in the prosecution’s argument.
Aggressive courtroom advocacy to fight unjust charges and seek reduced penalties.
Negotiation skills to pursue charge reductions, dismissals, or alternative sentencing options.

If you or someone you love has been accused of assault in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas assault lawyer Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.

A Different Kind of Defense Attorney

We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of Dallas assault lawyer you’ve come to the right place.

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(214) 296-2221

Our Process for Dallas Assault Cases

Listen & Understand

We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case and assault charges.

Open Communication

We explain the law, your rights, and the legal process for assault cases as it pertains to you and your charges. Because communication is very important to us, we strive to quickly answer questions and return communication.

Fight for Justice

Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.

Assault Resources & Information

See our criminal defense resource center for more information on from Dallas assault lawyer Mike Howard on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more. Talk with a violent crimes attorney in Dallas, TX to learn more about your options.

Choosing the Right Assault Lawyer

Searching for assault lawyers in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.

First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you, who make big promises. No attorney should ever make a guarantee about a case. Absolutely avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.

What Makes Mike Howard Different

Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.

Visit Our YouTube Channel for informational videos and client testimonials.

Visit Our blog for posts on cases, defenses, and criminal law information.

Dallas Assault Attorney Mike Howard

Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas assault attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.

Client-Centered

The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, their options, and whether expungement may be available to clear their record. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.

Willing to Fight

Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas assault lawyer has a reputation as a skilled trial lawyer who fights for their clients, however, it can make all the difference in the world.

A Proven Track Record

Aggravated Assault

Our client was out with a group of friends when one of them drunkenly harassed our client’s female friend. Our client told the drunk to back off and the drunk took a swing at our client. The drunk ended up stumbling as he walked away and broke his thumb when he fell. He lied to the police, claiming our client attacked him for no reason and beat him mercilessly. Even though all five witnesses backed up our client, police filed charges against our client. We were able to get the case dismissed.

Assault – Impeding Breathing

My client was a world champion professional boxer. He was wrongly accused of brutally beating up an ex-girlfriend, including impeding breathing. However, the woman had no injuries and was looking for a payout. We took the case to trial and exposed her true motives in court. The jury found my client not guilty.

Assault Family Violence

An ex-girlfriend was angry that my client had moved on. She set out to ruin his life with a wrongful accusation. We took the case to trial and the jury found my client not guilty.

Aggravated Assault

Our client was over-charged for an unfortunate incident. We worked with the accuser and the prosecutor to get the charges reduced from a felony to a misdemeanor and avoided a felony conviction. In the end, we got our client a short misdemeanor deferred probation. At the end of that, his case was dismissed.

Assault Family Violence

My client was a doctor who had been married 40+ years. His wife suffered from mental health problems. When she had episodes she would become violent and abusive. My client had to call the police during one of these episodes but only wanted her to get help. Unfortunately, when she realized she might be going to jail she falsely accused him of hitting her. The police told my client someone had to go to jail, him or her. Ever the loving husband, my client chose to go to jail. We were able to convince the district attorney to reject this family violence assault case completely.

The Role of Intent in an Assault Case

Assault is a specific intent crime. To prove the defendant guilty, the prosecutor must show that the defendant made the contact in question intentionally or knowingly. Accidents or unintentional injuries are not criminal. If the prosecution cannot show this state of mind, they cannot secure a conviction. VAn experienced Dallas assault attorney can review your case to determine if you did not have the proper state of mind to be charged with this offense.

Factors That Can Affect a Criminal Assault Case

Every assault case is different. Factors that can affect the investigation, prosecution, potential penalties, and defense strategies can include the following:

Evidence

While some assault cases involve a he-said, she-said dynamic, others may have stronger evidence in the form of witness testimony, surveillance footage, and other information that supports the prosecution’s case. Evidence’s credibility and reliability can directly impact how the case is resolved and the potential defenses that can be raised.

Victim Cooperation

A case may be stronger when the alleged victim cooperates with authorities. Cooperation can make the investigation and prosecution easier.

However, some victims do not want to cooperate, which can weaken the prosecution’s case. In some situations, the alleged victim may sign an affidavit of non-prosecution, in which they request that the prosecutor drop the charges. Even though this does not guarantee that charges will be dropped, it sends a message to the prosecutor that the victim does not want the case to proceed and is unlikely to cooperate in a prosecution that would result in conviction or punishment.

Prior Criminal History

Any previous criminal history you have can impact whether the prosecutor pursues charges and the severity of the charges that may be brought against you. If you are convicted, your criminal history can result in harsher penalties.

Self-Defense Claims

If you assert self-defense in your case, this can impact your case. The prosecution will then need to prove that your actions were not justified under the circumstances to secure a conviction, which may prove difficult.

Plea Negotiations

It may be possible to secure a favorable plea agreement that better serves your interests than going to trial and facing the maximum penalties. A plea deal may help you secure reduced charges or penalties.

Aggravating Factors

The presence of aggravating factors, such as the use of a deadly weapon or serious bodily injury can cause the prosecution to take the case more seriously, charge you with aggravated assault, and subject you to harsher possible penalties.

These and other factors can have a significant impact on the ultimate outcome of your case. It’s best to work with an experienced assault defense lawyer who can navigate these factors and build a tailored defense strategy for your case.

Defenses Against Assault Charges in Dallas

Self-Defense: If you used reasonable force to protect yourself from imminent harm, this can serve as a strong defense.
Defense of Others: If you intervened to protect another person from being harmed, the charges against you may be challenged.
Lack of Intent: If the contact was accidental or misinterpreted, it may not meet the legal definition of assault.
False Accusations: In cases of domestic disputes, child custody battles, or personal vendettas, false accusations are common. An experienced defense attorney can challenge the credibility of the accuser and expose inconsistencies in their testimony.
Lack of Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If the evidence is weak or based solely on unverified claims, your charges could be reduced or dismissed.
Mutual Consent: If you and the alleged victim agreed to fight but you won, we can argue that the other party consented to the altercation.
Mistaken Identity: In some cases, the wrong person is identified as an attacker. We can work to establish an alibi or gather witness statements, or video surveillance to help show you were not the attacker.
Fourth Amendment Violations: If police officers obtained evidence against you from illegal searches or seizures, a criminal defense attorney can file a motion to suppress such evidence. You have rights under the Fourth Amendment, and we can protect them.
Lack of Cooperation from the Alleged Victim: While the victim doesn’t have the right to drop charges, their lack of cooperation may make it difficult for a case against you to be prosecuted.

At the Law Office of Mike Howard, we work tirelessly to identify each and every defense option available. Our attorneys can carefully review the details of your case to determine which defense strategies are the most likely to be successful.

What to Do If You’re Arrested for Assault in Dallas, Texas

If you are ever arrested for assault, the actions you take immediately after arrest can dramatically affect the outcome of your case. If possible, try to follow these steps to protect your rights and help build a stronger defense:

Don’t resist arrest. Doing so can lead to additional criminal charges.
Exercise your right to remain silent. Don’t say anything to law enforcement officers. Remember, anything you say can and will be used against you.
Ask for an attorney right away. Refuse to answer any questions without your lawyer present.
Don’t contact the alleged victim. Doing so may be a violation of a protective order.
Obey all orders of the court.
Don’t discuss your case with others, especially with other people in jail.
Don’t post anything online about your case.

Contact the Law Office of Mike Howard to begin mounting a defense.

Mistakes to Avoid After an Assault Arrest

Just as important as knowing what to do after an assault arrest is knowing what not to do. Here are some of the mistakes that people charged with assault often make and that you should avoid:

Talking to Law Enforcement

Many people accused of assault want to tell their story and try to explain what happened to law enforcement. However, this often results in police officers obtaining information that they can use against the accused. It’s far better to remain silent and let your lawyer do the talking for you.

Not Seeking Legal Representation

Some defendants simply plead guilty to the charges or try to handle their case on their own. The criminal justice system is complex, requiring years of experience to capably navigate it. Criminal defense attorneys can help you under your rights and explain the steps you can take to protect them.

Saying Too Much

Some people who are accused of a crime may talk about it to other people in jail, friends, family members, or online. Law enforcement can use these statements against you when you’re prosecuted for the offense.

Ignoring Court Dates

Missing court dates can lead to additional charges against you and complicate your case. It can also give the court a bad impression of you and result in your bail being revoked.

Not Building a Legal Defense

Defendants might not consider why the accuser might have made false allegations against them, exaggerated claims, or initiated physical contact. They may fail to preserve evidence that could aid their defense, such as the clothes and shoes they were wearing at the time of the incident or video footage they have of the incident. An experienced attorney can interview witnesses, obtain medical records, and identify other relevant evidence to support your case.

Contact The Law Office of Mike Howard for a Confidential Case Evaluation

If you’re facing assault or family violence charges, you need skilled legal representation to protect you from the harshest consequences. The legal team at the Law Office of Mike Howard can carefully review your case, explain the charges against you, investigate possible defense strategies, and work to protect your rights. Reach out to our firm today to schedule a confidential consultation. You can reach us at (214) 271-5897 or contact us online to arrange your case evaluation.

Located in the Element Towers West Building at 3010 LBJ Freeway, Dallas, Texas, attorney Mike Howard handles criminal cases across Dallas, Collin, Denton, and Tarrant Counties at the state level and in the Northern and Eastern Districts at the federal level.

“Mike is one of the smartest and most focused lawyers I know. He also brings authenticity and creativity to his work. I recommended his services with confidence.”

Christian Souza, Criminal Appeals Lawyer