Houston Assault Attorney

Twitter Texas Assault Laws in Houston

Have you been arrested on an assault charge? If so, representation by an experienced Houston assault attorney is essential. Without it, your rights and your freedom are at risk. 

The Law Offices of Jed Silverman is a criminal defense firm that has successfully represented numerous people accused of assault and other felony crimes. We are experienced, knowledgeable in the law, and tenacious in the defense of our clients. Attorney Jed Silverman can review your case and discuss possible defense strategies with you.

When you are facing an allegation in Harris County or any of the surrounding Houston-area courts, you may be unsure how the specific facts of your arrest fit within Texas assault statutes. A dedicated assault lawyer can explain how prosecutors typically charge conduct such as bar fights, domestic disputes, or incidents involving alleged threats, and what that means for your potential penalties and long-term record. By understanding how the law is applied in local courtrooms, you can make informed choices about whether to fight the charges at trial, seek a reduction, or pursue another resolution that protects your future.

Arrested for assault in Texas? Contact our experienced firm online for a consultation or give us a call (713) 597-2221 now to speak with our Houston assault lawyer.

Simple vs. Aggravated Assault in Texas

There are two general categories of assault in the Texas Penal Code: 

• Simple assault 
• And aggravated assault

What Constitutes Simple Assault in Texas?

A person can be charged with simple assault if he or she:

• Commits an intentional, knowing, or reckless act that causes bodily harm to another person
• Threatens another person with imminent bodily harm
• Or touches another person in a manner they know, or should know, would be considered offensive by the other person

Depending on the circumstances, simple assault charges can range from a Class C misdemeanor to a second-degree felony.

In many Houston cases, law enforcement officers make quick decisions at the scene that can determine whether an incident is treated as simple assault or something more serious. An assault attorney can review body camera footage, 911 recordings, and witness statements from your case to see whether the evidence actually supports the level of charge you are facing. By challenging overcharging or misunderstandings about what happened, we may be able to seek a reduction that better reflects the true nature of the incident.

What is Aggravated Assault in Texas?

An assault charge can be upgraded to aggravated assault if the allegations involve certain factors, such as using or displaying a weapon, or causing serious bodily injury. Aggravated assault will usually be charged as a second-degree felony, but it can be elevated to a first-degree felony under some circumstances.

These circumstances include when the victim is a member of the defendant's household, and the defendant has a previous conviction for domestic assault; when either the victim or the defendant is a public servant acting on their duty; or the victim is a security officer.

In aggravated assault cases filed in Harris County, prosecutors often rely heavily on medical records, photographs, and statements from officers who responded to locations throughout the Houston area. A Houston assault lawyer can carefully evaluate whether the injuries meet the legal definition of serious bodily injury and whether a weapon was actually used in the way the state claims. By scrutinizing these details and consulting with appropriate professionals when necessary, we can look for ways to challenge enhancements that dramatically increase the potential range of punishment.

Examining All Legal and Factual Defenses

Texas law makes fine distinctions between degrees of assault based on the specific behavior that constituted your particular assault crime. We will undertake a comprehensive review of your case, looking for legal and factual issues that could lead to a positive outcome in your case.

In Texas, an individual is permitted to use force against another person if the individual acted with a reasonable belief that the alleged victim was about to use unlawful force against him or her. Similarly, a defendant can argue that he or she used force against the alleged victim to protect a third person from harm, as long as the defendant reasonably believed the alleged victim was about to use unlawful force against the third person.

Depending on circumstances, a few potential defenses to your assault charge might be:

• Self-defense
• Protection of another person
• Mutual combat

Our defense preparation may include research by a private investigator who can interview witnesses and develop other evidence in your favor. Our Houston assault lawyers will work to build a strong and effective defense for you, designed to protect your rights and preserve your freedom.

In many assault cases arising in and around downtown Houston or near the neighborhoods surrounding the Harris County Criminal Justice Center, there may be surveillance cameras, cell phone videos, or social media posts that tell a very different story than the initial police report. An experienced assault attorney that Houston defendants trust will know how to track down this material, analyze it in the context of Texas law, and present it in a way that supports defenses such as self-defense, misidentification, or lack of intent. This kind of detailed factual work can be critical in convincing a prosecutor, judge, or jury that the state has not met its burden.

Twitter Texas Assault Penalties

An assault charge in Texas can have serious consequences. If convicted of felony assault, the defendant can face a state prison sentence. Even a misdemeanor assault can result in jail time and stiff fines. A conviction for any violent crime can make it hard to get a job or an apartment. Anyone facing an assault charge needs to put up an aggressive defense.

Beyond jail or prison time, a conviction for assault in Houston can affect professional licenses, immigration status, and family law matters such as child custody. Judges in Harris County may also impose conditions like no-contact orders, anger management programs, or community service, which can disrupt your work and family life. By working closely with an assault lawyer who understands both the direct and collateral consequences of a plea or conviction, you can evaluate options that take your long-term future into account, not just the immediate risk of incarceration.

What To Expect in a Houston Assault Case

After an arrest for assault in Houston, your case will usually begin with a magistrate or probable cause hearing, followed by settings on the docket at the Harris County Criminal Justice Center or another local courthouse. At each stage, from arraignment through pretrial conferences and possible motions hearings, you will be asked to make important decisions about how to plead, whether to accept offers, and what information to share with the court. Working with a Houston assault attorney throughout this process can help ensure that you understand the purpose of each court date and how your choices can affect both the outcome of the case and your day-to-day life while it is pending.

As your case moves forward, your lawyer will typically request and review discovery, which can include police reports, videos, medical records, and statements from witnesses gathered by law enforcement agencies in the Houston area. We can also conduct our own investigation, identify weaknesses in the state’s evidence, and file appropriate motions to challenge unlawful searches, unreliable identifications, or other legal issues. Throughout this time, we keep you informed about realistic timelines, potential resolutions, and what to expect if the case proceeds to trial in a Harris County court, so that you can make decisions based on clear, up-to-date information rather than uncertainty or fear.

Understanding Self-Defense in Assault Cases

When facing assault charges, it's important to understand your rights and potential defense strategies. One common defense in assault cases is self-defense, which allows individuals to use reasonable force to protect themselves or others from imminent harm. Our experienced Houston assault attorneys can help you navigate the complexities of self-defense laws in Texas and build a strong defense for your case.

Key points to consider when using self-defense as a defense strategy:

• Evidence of imminent danger or threat
• Proportionality of force used in self-defense
• Reasonable belief of harm or injury
• Retreat as a factor in self-defense claims

By working with our legal team, you can ensure that your rights are protected and explore all possible defense strategies for your assault case.

Texas self-defense law includes important concepts such as the so-called stand-your-ground provisions and the castle doctrine, which can apply differently depending on whether an incident occurred at a home, at a business, or in a public place in Houston. An assault lawyer Houston defendants turn to for guidance can help you understand how these rules apply to the specific facts of your case, including what a jury will be instructed to consider. We can also advise you about how asserting self-defense may influence plea discussions with prosecutors at the Harris County Criminal Courthouse.

Contact us Today

Jed Silverman has earned a reputation for tenacity in defense of his clients. Mr. Silverman looks far beyond the contents of the police report, seeking evidence that can support his defense theory. Whenever possible, he makes aggressive use of motions to suppress and motions to dismiss. In every case, Jed Silverman seeks the best outcome possible. The Law Offices of Jed Silverman will work energetically at all stages of the legal process to defend your rights and preserve your freedom. 

When you contact our firm after an arrest in Houston or anywhere in Southeast Texas, we will take the time to learn about your background, your goals, and your concerns about the future. Our team can explain what to expect at each court setting, from initial appearance through possible trial, and help you prepare for hearings at the Harris County Criminal Justice Center or other local courthouses. By having a dedicated assault lawyer by your side from the beginning, you can avoid common mistakes, respond appropriately to law enforcement and court orders, and take proactive steps that may improve your position.

For an initial consultation with our Houston assault lawyer from The Law Offices of Jed Silverman, call (713) 597-2221 or contact us online. Se habla español.