For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
Expert Legal Representation for Assault Charges
If you face assault charges in Austin, TX, you need lawyers for assault charges who understand Texas law. At Gunter, Bennett & Anthes, our legal team provides skilled representation for all types of assault cases.
From simple assault to aggravated assault, our criminal defense lawyers have the knowledge and experience to protect your rights.
Understanding Assault Charges in Texas
Assault charges in Texas range from minor misdemeanors to serious felonies. Texas assault laws define assault as:
Intentionally, knowingly, or recklessly causing bodily injury to another person
Intentionally or knowingly causing physical contact with another when the person knows the contact will be offensive
Intentionally or knowingly threatening another with imminent bodily injury
Our Austin assault defense attorneys help clients understand the specific charges they face and develop a strong defense strategy based on the facts of each case.
Types of Assault Charges We Handle
Simple Assault
Simple assault often falls under a Class C misdemeanor in Texas. This typically involves causing physical contact with another person that they find offensive or provocative. Even without visible injuries, you can face simple assault charges if the alleged victim felt threatened or offended by the physical contact. Our law firm regularly defends clients against simple assault charges.
Misdemeanor Assault
A Class A misdemeanor assault charge happens when someone causes bodily injury to another person. “Bodily injury” under Texas law means physical pain. For example, if you push someone and they feel pain (even without visible marks), you could face a misdemeanor assault charge carrying penalties of up to one year in county jail and fines up to $4,000.
Our defense lawyers understand how to challenge misdemeanor assault charges by examining evidence, witness statements, and potential self-defense claims. Bodily injury assault cases require careful analysis of medical evidence.
Aggravated Assault
Aggravated assault occurs when:
The assault causes serious bodily injury, or A deadly weapon is used during the assault
Aggravated assault is typically charged as a second-degree felony in Texas, punishable by 2 to 20 years in prison. If the aggravated assault targets family members, law enforcement officers, or other specific circumstances, the charges may increase to a first-degree felony.
Our criminal defense attorneys have extensive experience defending against aggravated assault charges in Austin TX. We analyze every aspect of your case to identify weaknesses in the prosecution’s arguments.
Family Violence Assault
Family violence assault (domestic violence) involves assault against family members, household members, or current/former romantic partners. These cases often carry enhanced penalties and additional consequences, including protective orders and mandatory counseling.
At Gunter, Bennett & Anthes, we recognize the sensitive nature of family violence allegations and work to protect both your legal rights and personal relationships. Our Austin criminal defense lawyers understand the unique challenges of these cases.
Sexual Assault
Sexual assault charges require specialized defense strategies. Our defense attorneys understand the complex legal issues involved in sexual assault cases and provide discreet, effective legal representation. We investigate every aspect of sexual assault allegations, including consent issues, credibility of witnesses, and potential motives for false accusations.
Aggravated Sexual Assault
Aggravated sexual assault involves sexual assault plus aggravating factors such as:
Use of a deadly weapon
Causing serious bodily injury
Threatening death or serious bodily harm
Using drugs to prevent resistance
These charges carry severe penalties, including lengthy prison sentences. Our criminal defense team has the experience and knowledge to defend against these serious allegations.
Potential Consequences of an Assault Conviction
The penalties for an assault conviction in Austin TX depend on the specific criminal charges:
Class C Misdemeanor Simple Assault: Fines up to $500
Class A Misdemeanor Assault: Up to one year in county jail and fines up to $4,000
Third-Degree Felony Assault: 2-10 years in prison and fines up to $10,000
Second-Degree Felony Aggravated Assault: 2-20 years in prison and fines up to $10,000
First-Degree Felony Aggravated Assault: 5-99 years in prison and fines up to $10,000
Beyond jail time and fines, a criminal conviction creates a criminal record that can affect employment, housing, and professional licenses. Our skilled criminal defense attorneys work to minimize these consequences through aggressive legal representation.
Why Choose Gunter, Bennett & Anthes for Assault Defense
Our Austin criminal defense lawyers bring decades of experience to your assault case. With a proven track record defending against all types of assault charges, our legal team understands what it takes to achieve favorable outcomes in criminal defense cases.
Former Prosecutors
Our attorneys began their careers as prosecutors in Travis County, giving them unique insight into how assault cases are built and prosecuted. This experience provides valuable advantages when developing defense strategies. Our experienced criminal defense attorneys know how police officers build cases and how to counter their arguments.
Trial Experience
We prepare every assault case as if it will go to trial. While many cases resolve through negotiation, our readiness for trial often leads to better plea offers from prosecutors. Our Austin criminal attorneys have handled countless criminal offenses in court.
Personal Attention
When you hire Gunter, Bennett & Anthes law firm, you work directly with experienced criminal defense attorneys who understand the stress and uncertainty of facing assault charges. We remain accessible throughout the legal process and keep you informed about your case. We provide thorough legal counsel at every stage.
Texas Assault Laws and Penalties
Texas assault laws can be complex, especially when dealing with different degrees of charges. Our Austin criminal defense team can help you understand:
The difference between Class C misdemeanor simple assault and more serious charges
How third-degree felony assault differs from second-degree felony assault
When recklessly causing bodily injury can lead to criminal charges
How injury to another person is defined under Texas law
The legal differences between bodily injury and serious bodily injury
Yes, assault charges can be dropped under certain circumstances. Reasons may include lack of evidence, self-defense, or the alleged victim’s unwillingness to participate in prosecution. Our criminal defense attorneys work to identify grounds for dismissal in every assault case.
What should I do if I’m arrested for assault in Austin TX?
If arrested for assault in Austin TX, you should:
Exercise your right to remain silent
Refuse to answer questions without your attorney present
Contact Gunter, Bennett & Anthes immediately for legal representation
What are common defense strategies for assault cases?
Our legal team develops customized defense strategies for each assault case, which may include:
Self-Defense: Texas law allows individuals to use reasonable force to protect themselves. If you reasonably believed you were in danger, self-defense may apply to your case. Many assault cases involve legitimate self-defense claims that can lead to dismissed charges.
Lack of Intent: Many assault charges require proof that you intentionally or knowingly caused injury. If the bodily injury resulted from an accident, we can challenge the intent element of the charge. Recklessly causing bodily injury requires a different legal approach than intentional acts.
False Accusations: Sometimes, alleged victims make false claims of assault. Our Austin criminal defense attorneys investigate the accuser’s background, potential motives, and inconsistencies in their testimony. Alleged assault claims must be thoroughly examined.
Mistaken Identity: In some cases, witnesses misidentify the person who committed the assault. We examine all identification procedures and challenge unreliable witness accounts. The defendant’s criminal history should not influence these determinations.
Insufficient Evidence: The prosecution must prove all elements of assault beyond a reasonable doubt. We carefully review the evidence to identify gaps in the prosecution’s case. Our Austin assault attorneys know how to challenge flawed evidence.
Can an assault charge be expunged from my record?
If your assault charge is dismissed, you may be eligible to have your assault charge expunged from your criminal record. Our Austin assault defense attorneys can help determine your eligibility and guide you through the expunction process.
What’s the difference between assault and aggravated assault?
The main difference is that aggravated assault involves either:
Causing serious bodily injury (not just bodily injury), or
Using or exhibiting a deadly weapon during the assault
These distinctions affect whether you’ll face a state jail felony, third-degree felony, or more serious charges.
Does recklessly causing bodily injury count as assault?
Yes, Texas law defines assault as intentionally, knowingly, OR recklessly causing bodily injury to another. Reckless actions that cause bodily harm can lead to assault charges even without intent to harm.
Gene is the great!!! He was my attorney for a case I had in 2015. He got everything settled, and still to this day assists me with any questions or legal matters regarding that same case. He always responds to emails and phone calls quickly. It truly feels like once you hire Gene he will help you for life. Rough situation that has been much more bearable with Gene and the whole firm at GBA. Thanks!!!
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Zach A.
Chris Gunter is a fine family attorney. I had the pleasure of interacting recently with his partner Gene Anthes. Gene was extremely kind, helpful and quick to respond to my needs. Thanks to everyone associated with this firm.
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Hannan S.
Gene was referred to me by a friend and I must say, I couldn’t be happier. Gene was very professional, exceptionally responsive and made me feel at ease with everything. He took the time to explain my options and was communicative every step of the way. He was always available for any questions along the way. Highly recommend.