Attorney On Call 24/7

512-599-9999

Free Consultation

Austin Assault Defense Lawyer

Facing assault charges in Austin or Travis County? The Travis County DA’s Family Violence Unit starts building its case the day of the arrest. The Hull Firm has a former Travis County prosecutor on staff and appears in these courts every week. Former prosecutor on staff. 700+ cases dismissed. Call now — 24/7.

Get a Free Case Evaluation 512-599-9999 — 24/7
✓ 700+ Cases Dismissed ✓ Former Prosecutor on Your Side ✓ Austin Office — Near Travis County Courts ✓ Available 24/7

Austin Assault Attorney — Travis County Courts

Assault charges in Austin go to the Travis County Criminal Justice Center at 509 W. 11th Street. Class C misdemeanor assault is handled in Austin Municipal Court. Class A misdemeanors go to Travis County Courts at Law. Felony assault goes to Travis County District Courts. The Travis County DA’s Family Violence Unit — which operates a no-drop prosecution policy — handles domestic and family assault cases. The General Trial division handles non-family assault cases. The Hull Firm appears in all of these courts regularly from our Austin office at 1004 West Ave.

I’ve been a criminal defense lawyer in Austin for over 20 years. Allison Tisdale prosecuted assault and family violence cases in Travis County courts before coming to the defense side. We know how the Family Violence Unit evaluates cases, what evidence they prioritize, how they respond to witness non-cooperation, and where these cases have room to move. That knowledge comes from being in these courtrooms consistently — not from reading about them.

Assault charges in Texas cover a wide spectrum: a threatening text message is a Class C misdemeanor under §22.01(a)(2). An assault causing serious bodily injury with a deadly weapon is a first-degree felony under §22.02 carrying 5 to 99 years in prison. The charge level determines the court, the punishment range, and the defense strategy. The Hull Firm evaluates every assault case individually during the free consultation and gives you an honest read on where your case stands from day one.

Request a free, confidential case evaluation →

Texas Assault Law — What the Statute Actually Says

Most people don’t know what “assault” means under Texas law until they’re charged. Here’s the actual statutory framework and what it means for your defense.

Texas Penal Code §22.01(a)(2)

Threatening Assault — Class C Misdemeanor

Intentionally or knowingly threatening another person with imminent bodily injury. No physical contact required. A verbal threat, text message, or social media post can support this charge. Fine up to $500. Austin Municipal Court. Still creates a permanent criminal record.

Texas Penal Code §22.01(a)(1)

Bodily Injury Assault — Class A Misdemeanor

Intentionally, knowingly, or recklessly causing bodily injury. Up to 1 year in county jail and a $4,000 fine. Travis County Courts at Law. Elevated to third-degree felony if committed against a public servant, a household member with a prior FV conviction, or certain other circumstances under §22.01(b).

Texas Penal Code §22.02

Aggravated Assault — Second-Degree Felony

Assault causing serious bodily injury, or assault with a deadly weapon. 2 to 20 years prison and up to $10,000 fine. Travis County District Courts. Elevated to first-degree felony (5 to 99 years) if against a family member, public servant, or using a deadly weapon causing serious bodily injury.

Texas Family Code §71.004

Family Violence Finding

When the parties are family members, household members, or in a dating relationship, a family violence designation attaches. This triggers Travis County’s Family Violence Unit, a no-drop prosecution policy, emergency protective orders, and a lifetime federal firearm prohibition under 18 U.S.C. §922(g)(9) on conviction. Cannot be expunged.

Assault Defense Practice Areas

Each charge type below carries different penalties, goes to different courts, and requires a different defense strategy. Select your charge type for specific law, penalties, and defense strategies.

◆

Simple Assault Defense

Class C and Class A misdemeanor assault charges, the family violence designation, first-time offender options, how we challenge weak evidence and false accusations, and what a misdemeanor conviction actually costs you.

Class C • Class A Misdemeanor →
◆
Act Immediately

Family Violence & Domestic Assault

The Travis County Family Violence Unit’s no-drop prosecution policy, emergency protective orders, the lifetime federal firearm prohibition, and why calling an attorney the day a report is filed is the single most impactful action available.

Misdemeanor • Felony • No-drop prosecution →
◆

Aggravated Assault Defense

Second and first-degree felony assault involving serious bodily injury or a deadly weapon. Penalty ranges, how the charge can be elevated or reduced, and how we challenge the elements that make an assault “aggravated” under Texas Penal Code §22.02.

2nd Degree Felony • 1st Degree Felony →
◆

Assault with a Deadly Weapon

What qualifies as a “deadly weapon” under Texas Penal Code §1.07(a)(17), the felony charges that follow, Castle Doctrine and self-defense arguments under §9.31 and §9.32, and how we challenge the deadly weapon finding itself.

2nd Degree Felony • 1st Degree Felony →
◆

Verbal Assault & Threats

How a threat — verbal, written, or digital — becomes a criminal charge under §22.01(a)(2), the Class C misdemeanor process in Austin Municipal Court, and how a threatening text or social media post becomes prosecutable evidence.

Class C Misdemeanor →

Why the First 48 Hours After an Assault Arrest Matter Most

When you are arrested for assault in Austin, the Travis County DA’s office starts building its case immediately. APD body camera footage is preserved. The 911 recording is archived. The officer’s report is filed with characterizations that harden into the prosecution’s narrative. Medical records are requested. Witnesses are interviewed while the incident is fresh.

An experienced assault defense attorney who acts in the first 48 hours can do things that cannot be undone later. Surveillance footage from nearby businesses overwrites on 30-to-90-day cycles. Witness memories shift. The pre-filing window — where attorney intervention can sometimes prevent charges from being filed at all — closes fast.

The Hull Firm starts working the day you call. We appear at magistration hearings to argue for bond conditions that don’t destroy your job or family situation. We identify and preserve favorable evidence. We engage the Travis County DA’s office before their narrative hardens. We give you an honest assessment of your case — not false hope.

Call Now — 512-599-9999

Assault Defense Strategies We Use in Travis County

Self-Defense §9.31

Texas law permits force when you reasonably believe it is immediately necessary to protect yourself from unlawful force. Texas has no duty to retreat in most circumstances. We reconstruct who the actual aggressor was and document the full context of the confrontation.

Suppression Motions

If APD violated your Fourth, Fifth, or Sixth Amendment rights during the arrest, stop, or interrogation, key evidence can be excluded. When primary evidence is suppressed in an assault case, the prosecution frequently cannot meet its burden.

Intent Challenge

Texas assault requires intentional, knowing, or reckless conduct. Accidental contact cannot be assault. When the prosecution cannot prove the required mental state under §22.01, the charge fails.

Credibility Challenges

Many Austin assault cases are one person’s word against another’s. We investigate prior statements, criminal history, relationship dynamics, and motivations for false accusations. Inconsistencies between the 911 call, officer report, and body camera are often the most powerful defense tools available.

Assault Charge Levels & Penalties in Texas

Texas assault law covers a wide range of conduct and consequences. Here’s the full penalty structure by charge level.

ChargeLevelMax Jail/PrisonMax FineCourt
Threatening / offensive contactClass C MisdemeanorNone$500Austin Municipal Court
Bodily injury assaultClass A Misdemeanor1 year$4,000Travis County Courts at Law
Assault on public servant / prior FV conviction3rd Degree Felony10 years$10,000Travis County District Court
Aggravated assault (serious injury or deadly weapon)2nd Degree Felony20 years$10,000Travis County District Court
Aggravated assault (family member / deadly weapon w/ serious injury)1st Degree Felony99 years or Life$10,000Travis County District Court

A family violence finding on any conviction also triggers a permanent federal firearm prohibition under 18 U.S.C. §922(g)(9). This applies to misdemeanor convictions and cannot be removed through expungement in Texas.

700+Cases Dismissed
5.0Google Rating (363 Reviews)
20+Years Assault Defense Experience

Austin Assault Defense FAQ

The most searched questions about assault charges in Austin and Travis County — answered with the specific statutes and court procedures that apply.

Assault cases in Austin are prosecuted at the Travis County Criminal Justice Center at 509 W. 11th Street. Class C misdemeanor assault (threats only, no physical contact) is handled in Austin Municipal Court. Class A and B misdemeanor assault charges go to Travis County Courts at Law. Felony assault — third-degree, second-degree, or first-degree — goes to Travis County District Courts. APD and the Travis County Sheriff's Office make arrests; the Travis County DA's Family Violence Unit or General Trial division handles prosecution depending on the charge type and parties involved.

Under Texas Penal Code §22.01, assault is defined three ways: (1) intentionally, knowingly, or recklessly causing bodily injury to another person; (2) intentionally or knowingly threatening another with imminent bodily injury; or (3) intentionally or knowingly causing physical contact with another person in a manner the victim would reasonably regard as offensive or provocative. The third definition — offensive contact — is a Class C misdemeanor and requires no injury. The first definition — bodily injury — is a Class A misdemeanor. Aggravated assault under §22.02 adds serious bodily injury or a deadly weapon and elevates the charge to felony level.

Yes. The Hull Firm has achieved dismissals on assault cases across Travis, Williamson, and Hays County. Common grounds include: Fourth Amendment violations in the arrest or search that produce a successful suppression motion; insufficient evidence for the prosecution to prove the required mental state — intentional, knowing, or reckless — beyond a reasonable doubt; credibility problems with the complaining witness; inconsistencies between the 911 recording, officer report, and body camera footage; and self-defense claims under Texas Penal Code §9.31. Dismissal is the first goal on every assault case we accept.

Yes. Travis County's Family Violence Unit operates under a no-drop prosecution policy. Once a family violence report is filed, the unit pursues the case using officer body camera footage, 911 recordings, medical records, and photographs — regardless of whether the complaining witness later refuses to cooperate or recants. The decision to prosecute belongs to the Travis County DA's office, not the complaining witness. A family violence finding triggers a lifetime federal firearm prohibition under 18 U.S.C. §922(g)(9). Early legal intervention — ideally before charges are formally filed — is the most impactful action available.

A family violence finding entered on a criminal judgment under Texas Family Code §71.004 carries consequences beyond the sentence itself. It triggers a lifetime federal firearm prohibition under 18 U.S.C. §922(g)(9) — the Lautenberg Amendment — that applies even to misdemeanor convictions. It cannot be expunged in Texas. It shows permanently on background checks. It directly affects child custody determinations under Texas Family Code §153.004, employment in healthcare, education, finance, and law enforcement, professional licensing, housing applications, and immigration status for non-citizens.

Aggravated assault under Texas Penal Code §22.02 is assault that causes serious bodily injury — defined as injury that creates a substantial risk of death, causes permanent disfigurement, or causes protracted loss of a bodily function — or assault committed with a deadly weapon. A second-degree felony aggravated assault carries 2 to 20 years in prison and up to a $10,000 fine. If committed against a public servant, a household member or family member while using a deadly weapon, or involves causing serious bodily injury to a family member, it elevates to a first-degree felony: 5 to 99 years or life in prison and up to a $10,000 fine.

Yes. Texas Penal Code §9.31 provides that a person is justified in using force against another when they reasonably believe force is immediately necessary to protect themselves against another's unlawful use of force. Texas does not have a duty to retreat in most situations. The Castle Doctrine under §9.32 removes the duty to retreat when you are in your home, vehicle, or workplace. The Hull Firm reconstructs the full context of the confrontation — who was present, what preceded the physical contact, who the actual aggressor was — and builds the factual record for a self-defense claim before a Travis County judge or jury.

Invoke your right to remain silent by saying clearly: 'I am invoking my right to remain silent and I want an attorney.' Then stop talking. Do not explain, justify, or try to tell your side of the story to law enforcement. Even truthful statements get reinterpreted. Do not contact the complaining witness — if an emergency protective order has already been issued, any contact is a separate criminal offense. Write down everything you remember while it's fresh. Then call The Hull Firm at 512-599-9999. We are available 24 hours a day and we start working your case the day you call.

An assault conviction — even a misdemeanor — creates a permanent criminal record that shows on every background check until expunged. Specific collateral consequences include: employment termination or denial in healthcare, education, finance, and security fields; suspension or denial of professional licenses by Texas licensing boards; family violence findings affecting child custody under Texas Family Code §153.004; a permanent federal firearm prohibition under 18 U.S.C. §922(g)(9) for any family violence conviction; immigration consequences including deportation risk for non-citizens; and housing application denials in competitive Austin rental markets. A defense strategy has to account for all of these, not just the criminal sentence.

Yes. Under Texas Penal Code §22.01(a)(2), intentionally or knowingly threatening another person with imminent bodily injury — without any physical contact — is a Class C misdemeanor assault. No touching is required. A threat communicated verbally, in a text message, by email, or through social media can support an assault charge. Class C assault is typically handled in Austin Municipal Court, but the same threatening conduct can be elevated if it involves a public servant, an elderly person, or occurs in a domestic or family violence context. A conviction — even at Class C — creates a permanent criminal record.

Class A misdemeanor assault cases in Travis County Courts at Law typically resolve within 60 to 180 days with effective representation. Felony assault cases in Travis County District Courts can take six months to two years or longer depending on the charge level, whether motions to suppress are filed, the Travis County DA's posture, and whether the case proceeds to trial. Family violence cases can move faster when the complaining witness is uncooperative, or slower when the Family Violence Unit pursues the case aggressively. The Hull Firm provides honest timeline estimates during the free initial consultation based on the specific charge and court.

Yes — for qualifying cases. If your assault charge was dismissed, you were acquitted, or you successfully completed deferred adjudication for a qualifying offense, Texas Chapter 55 expungement may be available. Expungement destroys the arrest record — it doesn't just seal it. However, if a family violence finding was entered on any judgment, that finding cannot be expunged. The Hull Firm evaluates expungement eligibility on every closed case and handles the complete petition-to-order filing process for qualifying clients.

What Our Clients Say

5.0 stars • 363 Google reviews including assault defense clients from Travis, Williamson, and Hays County.

RL
Ronnicka Lopez
★★★★★
Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

BS
Blake Shires
★★★★★
Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

SH
Shawn Hallman
★★★★★
Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

Assault Charges in Austin? Call The Hull Firm Now.

The Travis County DA’s office starts building its case the day of the arrest. The pre-filing window — where early intervention can sometimes prevent charges from being filed — closes fast. Our Austin assault defense attorneys are available 24 hours a day. Call 512-599-9999 — we start working your case the day you call.

Request Free Consultation 512-599-9999

The information on this page is for educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Contact The Hull Firm for a free, confidential consultation specific to your case.

1