What are the penalties for simple assault in Texas?

Most simple assault charges are filed as Class A misdemeanors in Texas, carrying up to 1 year in county jail and up to $4,000 in fines, along with possible probation, community service, and court-ordered anger management classes. A conviction also creates a permanent criminal record that can affect employment, housing, professional licensing, immigration status, and gun rights. The charge can elevate to a felony if a weapon was involved, if the injuries were serious, or if the alleged victim is a protected class such as a public servant, elderly person, or child.

Is simple assault a felony in Texas?

Not usually. Simple assault is most commonly charged as a Class A misdemeanor in Texas. However, the charge becomes a felony when it involves use of a weapon, causes serious bodily injury, or when the alleged victim belongs to a protected class such as a public servant, elderly person, security officer, or child. If you are facing felony-level charges, those are typically prosecuted as aggravated assault under Texas Penal Code §22.02.

Can a simple assault charge be dropped in Austin?

Yes. Dismissals are achievable through several routes: challenging the sufficiency or credibility of the evidence, proving self-defense, exposing false allegations, establishing lack of intent, suppressing unconstitutionally obtained evidence, or demonstrating mutual combat. The Hull Firm pursues proactive defense strategies rather than waiting — early intervention shapes charging decisions, negotiation leverage, and ultimate outcomes in Travis, Williamson, and Hays County courts.

What are the strongest defenses against a simple assault charge in Texas?

Effective defenses include self-defense or defense of others under Texas Chapter 9, including Castle Doctrine protections for incidents in a home, vehicle, or workplace; lack of intent, demonstrating the contact was accidental rather than intentional or reckless; false allegation challenges using texts, videos, social media, and witness statements to expose inconsistencies and fabrications; mutual combat, arguing both parties willingly participated in a fight; and constitutional violations resulting in suppression of improperly obtained evidence. The right defense depends on the specific facts of the case.

Can I be charged with assault without physically touching anyone?

Yes. Under Texas Penal Code §22.01, assault by threat — threatening another person with imminent bodily injury in a way that causes them reasonable fear — is a chargeable offense even without any physical contact. This means a heated verbal confrontation or threatening gesture can result in a Class C misdemeanor assault charge, and potentially higher depending on circumstances.

What options do first-time offenders have for a simple assault charge in Austin?

First-time offenders facing simple assault charges in Austin may have several non-conviction pathways available. Deferred adjudication allows a defendant to complete a period of probation; upon successful completion, no formal conviction is entered and the case may be eligible for nondisclosure. Pretrial diversion programs, available in qualifying cases, allow charges to be dismissed after completing required classes or community service. The Hull Firm negotiates directly with prosecutors in Travis, Williamson, and Hays County to pursue the best available outcome for eligible clients.

What is the difference between simple assault and aggravated assault in Texas?

Simple assault under Texas Penal Code §22.01 typically involves minor bodily injury, offensive contact, or threats of imminent harm, and is most often charged as a misdemeanor. Aggravated assault under §22.02 requires either serious bodily injury — meaning injury creating a substantial risk of death, permanent disfigurement, or prolonged impairment — or use or exhibition of a deadly weapon, and is always charged as a felony with significantly greater prison exposure.

What if the alleged victim doesn't want to press charges?

The Travis County or Williamson County District Attorney's office can proceed with prosecution independent of the alleged victim's wishes, relying on police reports, witness statements, and other physical evidence. However, lack of victim cooperation or recantation significantly weakens the state's case and can be a powerful factor in negotiating dismissal or charge reduction. The Hull Firm incorporates victim posture into defense strategy from the earliest stage.

Will a simple assault conviction stay on my record permanently?

Yes, a simple assault conviction in Texas becomes a permanent criminal record that will appear on background checks unless legal relief is obtained. If charges are dismissed — including through deferred adjudication completion — you may be eligible to have the record expunged or sealed through a nondisclosure petition. The Hull Firm evaluates record-clearing eligibility and manages the full expungement and nondisclosure process in Austin and Central Texas.

How long does a simple assault case typically take in Austin?

Most simple assault cases in Travis, Williamson, and Hays County resolve within 3 to 6 months, though cases that proceed to trial can take longer. The Hull Firm's local experience and established relationships with prosecutors and court staff help resolve cases efficiently. Early defense action — beginning in the first days after arrest — consistently produces better outcomes than waiting.

What should I do immediately after being arrested for simple assault in Austin?

Invoke your right to remain silent immediately and request legal counsel — do not answer police questions without your attorney present. Avoid all contact with the alleged victim. Do not discuss the case with anyone other than your lawyer. Preserve any helpful evidence including photos, videos, text messages, and witness contact information. Follow all bond conditions exactly. Call The Hull Firm at 512-599-9999, available 24/7, as early as possible. The first days after an arrest are often the most consequential for shaping the defense.

Our Case Results

#1 Goal Is A Dismissal

Charge: DWI Open Container
County: Hays
Result: Dismissed 8/31/2023

Charge: Sexual Assault
County: Hays
Result: Dismissed 9/25/2023

Charge: Assault BI – FV
County: Williamson
Result: Dismissed 11/13/2023

Charge: Terroristic Threat
County: Travis
Result: Dismissed 12/7/2023

Charge: Reckless Driving
County: Hays
Result: Dismissed 9/21/2023

Charge: DWI
County: Williamson
Result: Dismissed 8/29/2023

Charge: Assault BI – FV
County: Williamson
Result: Dissmissed 7/31/2023

Charge: Injury to Elderly
County: Hays
Result: Dismissed 8/21/2023

Charge: DWI
County: Williamson
Result: Dismissed 7/11/2023

Charge: Criminal Mischief
County: Travis
Result: Dismissed 3/2/2023

Charge: DWI
County: Williamson
Result: Dismissed 1/10/2023

Charge: Racing on Highway
County: Williamson
Result: Dissmissed 9/1/2022

Austin Simple Assault Defense Lawyer | Dismissal-Focused and Trial-Ready

Q: What is simple assault under Texas law?

Texas defines simple assault under Texas Penal Code §22.01. A person can be charged with simple assault if they intentionally, knowingly, or recklessly cause bodily injury to another person; threaten another person with imminent bodily injury; or make physical contact that they know will be regarded as offensive or provocative. Bodily injury is defined broadly as any physical pain, illness, or impairment — even minor marks or bruising. Critically, physical contact is not required: a credible verbal threat of imminent harm can support an assault charge on its own.

#1 Goal Is A Dismissal

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Home – Criminal Defense – Assault Defense – Austin Simple Assault Lawyer

#1 Goal Is Dismissal

A simple assault arrest in Austin can turn your life upside down overnight. You may be facing potential jail time, costly fines, a permanent criminal record, and lasting damage to your career and reputation. Even though simple assault is often charged as a misdemeanor, the consequences can still follow you for years.

At The Hull Firm, we provide Austin simple assault defense with one priority from day one: protect your future and pursue the strongest possible outcome. Mark Hull leads our assault defense work with over 20 years of criminal defense experience and more than 700 case dismissals, and Allison Tisdale brings former-prosecutor insight into how these cases are filed and prosecuted in local courts.

If you were arrested for simple assault in Austin, Travis County, Williamson County, or Hays County, early legal strategy can make a major difference. We are available 24/7 for emergency consultation, jail release assistance, and immediate case strategy.

✅ Over 700 Criminal Cases Dismissed
⚖️ Experienced Former Prosecutors on Your Side
⏱️ 24/7 Jail Release & Emergency Legal Help
📍 Deep Knowledge of Austin & Travis County Courts
💬 Free Confidential Consultations
💳 Flexible Payment Plans Available to Fit Your Budget
🕰️ Over 15 Years of Criminal Defense Experience
🧾 Proven Record of Charge Reductions & Case Dismissals

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