What Happens With Assault Charges in Bexar County?

Assault Charges in Bexar County Courts

All assault charges in Bexar County — from Class C misdemeanor simple assault through first-degree aggravated assault with a deadly weapon — are prosecuted by the Bexar County District Attorney’s office at the Cadena-Reeves Justice Center. Misdemeanor assault charges are heard in the County Courts at Law. Felony assault charges require grand jury indictment and are heard in the Bexar County District Courts. The Bexar County DA’s office has a Family Violence Unit that specifically handles domestic assault and family violence cases with a no-drop prosecution policy.

Family Violence — The No-Drop Policy

Family violence assault cases in Bexar County move through the DA’s Family Violence Unit under a strict no-drop prosecution policy. This means the case moves forward regardless of whether the complaining witness cooperates, recants, or refuses to testify. The DA’s office proceeds using all available evidence — responding officer reports, photographs, 911 recordings, and medical records — without requiring the complainant’s participation. An Emergency Protective Order is typically issued at magistration within 24 to 48 hours of arrest, restricting housing and contact immediately.

Emergency Protective Orders

An EPO issued at magistration in a family violence case is a civil order that can prohibit the defendant from returning to their home and restrict contact with the complainant. We challenge EPO conditions simultaneously with the criminal defense — addressing the housing and contact restrictions from day one while building the defense of the criminal charge at Cadena-Reeves.

Charge Levels and Penalties

Simple assault under Penal Code §22.01(a)(2) — threatening bodily injury — is a Class C misdemeanor. Physical contact assault is a Class A misdemeanor. Family violence assault with a prior conviction elevates to a third-degree felony. Aggravated assault — involving a deadly weapon or serious bodily injury — is a second or first-degree felony. See our full San Antonio assault defense page.

Assault Defense Strategy in Bexar County

Assault defense in Bexar County starts with the same Fourth Amendment analysis applied to any case — was the arrest itself lawful? For family violence cases specifically, we evaluate whether the EPO conditions are legally sustainable, what physical evidence supports the charge, and whether the complainant’s statements to responding SAPD officers are admissible under the excited utterance exception. See our family violence defense page.