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Aggressive Austin Assault Defense
Protecting Your Freedom and Future from Serious Assault Charges in Central Texas
Home – Criminal Defense – Assault Defense
At The Hull Firm, we treat every assault case—from a simple Class C misdemeanor to a first-degree felony—with the seriousness it demands. Our team understands the local courts, the prosecutors’ tactics, and how to build a smart, evidence-based defense right from the start. We focus on dismantling the prosecution’s case piece by piece, challenging the narrative, and protecting your constitutional rights at every turn.
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Many people are surprised by the broad and often vague definitions used in the Texas Penal Code, specifically Section 22.01, which governs assaultive offenses. You can be arrested and charged with assault without ever having caused a significant physical injury.
What is the legal definition of “bodily injury” in a Texas assault case?
For the purposes of a Class A Misdemeanor Assault, Texas Penal Code § 1.07(8) defines bodily injury as “physical pain, illness, or any impairment of physical condition.” This is an incredibly low threshold. It means a prosecutor can move forward with a serious charge based on the alleged victim’s claim of any pain—a red mark, a slight bruise, or even just pain from being pushed. The key to our defense is challenging the credibility of the alleged pain, the circumstances, and the intent behind the contact.
Assault occurs if you intentionally, knowingly, or recklessly:
- Cause bodily injury to another person.
- Threaten another person with imminent bodily injury.
- Cause physical contact with another person when you know or should reasonably believe the other person will regard the contact as offensive or provocative (Assault by Contact).
The specific nature of the alleged act, the relationship between the individuals, and your criminal history all determine the severity of the charge.
Frequently Asked Question:
Will an assault conviction stay on my record forever?
Yes — unless your case is dismissed or sealed. Learn about record sealing on our Expungement page.
Defending the Full Spectrum of Assault Charges
Simple Assault Defense: Preventing a Misdemeanor from Ruining Your Record
Simple Assault is the most common charge, typically arising from bar fights, road rage incidents, or minor disputes that escalate. This is usually a Class A misdemeanor, but it can be a Class B or C depending on the circumstances. Even a misdemeanor conviction can mean up to one year in county jail, thousands of dollars in fines, and a permanent criminal record that restricts job and housing opportunities.
Our defense strategy for Simple Assault is designed to aggressively challenge the evidence and intent. We investigate self-defense claims, conflicting witness statements, and video evidence. The minor details—who started the argument, who threw the first punch, and the consistency of the victim’s story—are what often lead to a reduction or a full dismissal of the case.
If you are facing a Class A misdemeanor, don’t assume you can handle it alone. Learn more about our approach to Simple Assault Defense.
Aggravated Assault: When the Stakes Include Decades in Prison
Aggravated Assault is a serious felony offense. It is charged when an individual is accused of either:
- Causing serious bodily injury to another person.
- Using or exhibiting a deadly weapon during the commission of the assault.
Serious bodily injury is defined as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in a protracted loss or impairment of the function of any bodily member or organ. Aggravated Assault can be charged as a first- or second-degree felony, with potential penalties ranging up to 20 years or even life in prison.
Frequently Asked Question:
What happens if I am charged with Assault with a Deadly Weapon?
The use of a deadly weapon, which can be anything from a firearm or knife to even a shoe or a car, drastically increases the severity of the charge. A conviction often means a permanent felony record and severe restrictions, including the lifelong loss of your right to own or possess a firearm under federal law. Our Austin aggravated assault attorneys analyze intent, medical records, and the legality of the evidence collection. We fight tirelessly to prove that no deadly weapon was used or that the item in question does not meet the legal definition.
For a serious felony charge, you need serious defense. Read about our Aggravated Assault Defense.
Comprehensive Defense Strategies to Beat Assault Charges
A criminal arrest is not a conviction. Our defense approach is aggressive, tactical, and customized to the unique facts of your case. We never assume the state’s evidence is accurate or complete.
What are the strongest legal defenses against an assault charge in Texas?
Every case is different, but the most powerful defenses we deploy include:
- Self-Defense or Defense of Others: Texas law clearly upholds your right to protect yourself or another person when you reasonably believe force is immediately necessary against an unlawful threat. We build a case that proves your actions were a justified, necessary response to the immediate danger you faced. This includes utilizing the Castle Doctrine, which permits the use of force, or even deadly force, to protect your home or vehicle.
- Lack of Intent: The state must prove that you intentionally, knowingly, or recklessly caused injury or threat. Accidents, misunderstandings, or involuntary movements are not crimes. We challenge the State’s ability to prove the required state of mind beyond a reasonable doubt.
- Mutual Combat: In some cases, if two people voluntarily agreed to fight, the charge may be refiled or dismissed. This is often difficult to prove, but when the facts support it, we use it to demonstrate that the complainant was not an innocent victim.
- Mistaken Identity or False Allegations: Emotional disputes, divorce proceedings, child custody battles, or simple human error can lead to lies or misidentification. We thoroughly vet the complainant’s credibility, their history, and any inconsistencies in their story, cross-referencing witness accounts, text messages, and surveillance footage to expose falsehoods.
- Constitutional Violations: We review the entire process, from arrest to interrogation. If the police performed an illegal search, violated your Miranda rights, or improperly handled crucial evidence, we file motions to suppress that evidence, often leading to a dismissal of the entire case.
Frequently Asked Question:
What should I do immediately after being arrested for assault?
- Assert Your Right to Remain Silent: Politely and firmly tell law enforcement you will not answer any questions without your lawyer present. Anything you say will be used against you.
- Request an Attorney: Do not wait. Immediately ask to speak with an Austin assault defense attorney. Do not sign any waivers of your rights.
- Do Not Contact the Alleged Victim: If a protective order is issued, you must follow it precisely. Even without a formal order, any contact with the alleged victim can be misconstrued and used by the prosecution to enhance your charges or deny bond.
- Call The Hull Firm 24/7: Our team is on call around the clock. Contact us immediately so we can begin our investigation, coordinate jail release, and start building your defense while the evidence is fresh.
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We Are Local, Experienced, and Ready to Fight for You
We are proud to serve the entire Central Texas area, including Round Rock, Cedar Park, Georgetown, and San Marcos.
Frequently Asked Question:
How does hiring a local Austin attorney help my assault case?
We offer payment plans and a free consultation because your freedom should not be dependent on your financial situation. Don’t let an assault charge define your future.
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