Assault Defense

Assault Defense Lawyer

Assaultive offenses encompass a range of charges, including assault, battery, domestic (or family) violence, aggravated assault, and homicide. If you find yourself facing any of these criminal offenses, it’s imperative to seek immediate legal counsel from a skilled criminal defense attorney or criminal defense lawyer. At Gunter and Bennett, our legal team is well-versed in handling a spectrum of assault charges, whether they involve misdemeanor assault charges or more serious cases like third-degree felony assault charges. We understand the intricacies of Texas law and the criminal justice system, ensuring that you receive the necessary legal representation to safeguard your rights. In certain circumstances, charges may be dismissed, and our goal is to secure the best possible outcome for your assault case, especially when the charges involve injury to another person, bodily harm, or even serious injury. We also provide legal support if you’re charged with assault against a public servant or a person’s spouse, and we are committed to helping you navigate the legal complexities associated with these criminal offenses.

It’s important to note that Texas law involves a separate process when a juvenile is charged with a crime. In such cases, our experienced legal team can provide the necessary guidance and representation to ensure that the rights and future of the juvenile involved are protected. Whether you’re dealing with a criminal charge related to assault, offensive contact, or any other criminal offense, the attorneys at Gunter and Bennett are here to support you at every stage of your legal journey.

Misdemeanor Assault Defense

In Texas, assault charges can encompass a spectrum of severity, ranging from Class C Misdemeanors to Felonies. Often referred to as “Simple Assault,” a Class C Misdemeanor charge is applied when one engages in physical contact with another, knowing or reasonably believing that the contact may be regarded as offensive or provocative. On the other hand, a regular Class A Assault charge involves causing bodily injury to another, where “bodily injury” implies the experience of pain. For example, if someone pushes another without causing pain, they may face a charge of simple assault. However, if the push results in pain (even without visible injury), they may be subject to a Class A misdemeanor assault charge. When dealing with assault charges, it’s crucial to seek legal counsel from experienced assault lawyers who can navigate the complexities of the law, especially when facing potential consequences like a prison sentence or implications related to family violence.

It’s important to note that assault cases can become more serious when deadly weapons are involved. In such situations, the expertise of defense lawyers is invaluable in protecting your legal rights and exploring your defense options. Assault charges, whether they fall into the category of Class B Misdemeanors or involve family violence or offenses against emergency services personnel, require careful legal representation to ensure the best possible outcome for your case.

Felony Assault Defense

Felony assault, and there are different degrees, are generally charged when serious bodily injury occurs. “Serious bodily injury” is defined as “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protected loss or impairment of the function of any bodily member or organ.” An example may be one where a bone is broken during an assault. This is generally referred to as “aggravated assault.” Assault on a peace officer is also a felony offense and is charged when a person commits regular assault with the added element of it being against a public servant.

Punishment for Assault

The Class C Misdemeanor offense of simple assault is punishable by a fine only up to $500. It is possible to be charged with a simple assault involving domestic violence. A Class A Misdemeanor is punishable up to one year in county jail and a $4,000 fine. Aggravated Assault or an enhanced domestic violence assault is a second degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine.

Murder is a first degree felony punishable by 5 to 99 years in prison and up to a $10,000 fine. Capital murder is considered a capital felony and is punishable by either life in prison or death. The good news is that there is no fine if you are convicted of capital murder. Manslaughter is a second degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine. Criminally negligent homicide is a state jail felony and is punishable by 180 days to 2 years in a state jail facility and up to a $10,000 fine.

If your case is dismissed it is probably eligible to be expunged. We always encourage our clients to pursue an expunction if they are eligible. An expunction allows you to legally deny that you were ever charged or arrested for a crime. It is a very worthwhile procedure and one that we can help you with.

Frequently Asked Questions about Assault

Assault in Texas is defined as the intentional, knowing, or reckless act of causing bodily injury to another person or engaging in offensive or provocative physical contact.
In Texas, a Class C Misdemeanor, often referred to as “Simple Assault,” involves offensive or provocative physical contact. On the other hand, a Third-Degree Felony Assault pertains to cases where bodily injury, meaning the experience of pain, is caused to another person.
The consequences of an assault conviction can vary in severity, including fines, probation, restraining orders, mandatory anger management classes, and, in more serious instances, imprisonment. The severity of these penalties is contingent on the nature of the assault charge.
Yes, in Texas, you can be charged with assault even in the absence of visible injuries. The legal definition of bodily injury encompasses experiencing pain, which may not necessarily manifest as visible harm.
The use of a deadly weapon in an assault case can lead to more serious charges and penalties. It is imperative to secure legal representation when facing such charges to safeguard your rights and explore potential defense strategies.
Yes, Texas law treats family violence cases differently, often resulting in enhanced penalties. This may involve the issuance of restraining orders, mandatory counseling, or other protective measures when the victim is a family member.
Defense strategies can vary based on the specific circumstances of the case. Common defenses include self-defense, the absence of intent, disproving false accusations, or demonstrating a case of mistaken identity. Consulting with an experienced Texas assault lawyer is crucial to tailor your defense to your unique situation.
Yes, it is highly recommended to seek representation from experienced criminal defense attorneys, such as Gunter, Bennett, and Anthes Attorneys at Law. They are well-versed in handling assault cases and can protect your legal rights, develop a strong defense, and work toward achieving the best possible outcome for your case.

Yes, offenses involving the use of a deadly weapon can lead to assault charges. It is vital to comprehend the potential implications and consequences of such charges and seek the guidance and representation of legal professionals familiar with these complex cases.

To get in touch with our team of qualified Texas assault lawyers at Gunter, Bennett, and Anthes Attorneys at Law, please reach out to us at We specialize in handling assault cases and are here to provide you with the guidance and legal representation you need.

The lawyers at Gunter, Bennett and Anthes are well versed
in violent offenses and are poised to help you

At Gunter, Bennett and Anthes, phone calls are answered 24 hours a day, 7 days a week.Criminal defense is never a nine-to-five job; we’re here when you need us.

Chris Gunter - Austin Defense Attorney

Attorney at Law, Austin, TX

Alan Bennett – Attorney at Law, Austin, TX

Attorney at Law, Austin, TX

Gene Anthes – Attorney at Law, Austin, TX

Attorney at Law, Austin, TX

Thomas Just - Attorney at Law, Austin, TX

Attorney at Law, Austin, TX

Gary Cohen - Dedicated Texas Parole Representation

Dedicated Texas Parole Representation

Paralegal, Austin, TX

Paralegal, Austin, TX

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“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.”

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