Assault Charges in Bexar County — Charge Levels, the FV Unit, and Why Early Defense Matters
Assault under Texas Penal Code §22.01 is charged across four levels depending on the nature of the contact, the relationship between the parties, and whether bodily injury occurred. A Class C misdemeanor assault — threatening someone without physical contact — carries a fine only. But the moment there is bodily injury, the charge becomes a Class A misdemeanor. Add a deadly weapon or serious bodily injury and it generally becomes aggravated assault, a second-degree felony, and certain victim categories or circumstances can raise it to first degree. The difference between levels can depend on the interpretation of a single physical detail.
The Bexar County Family Violence Unit is a dedicated prosecution unit within DA Joe Gonzales’s office that handles all assault charges where the parties have a domestic relationship. The unit follows a no-drop policy — once a family violence case is filed, it proceeds regardless of whether the complaining witness cooperates, recants, or refuses to testify. The prosecution builds its case on the 911 recording, the officer’s observations, photographs, and physical evidence. Your former partner’s cooperation is not required for the DA to proceed to trial.
A family violence finding attached to any conviction at any level — Class A misdemeanor through first-degree felony — creates a permanent federal firearm prohibition under 18 U.S.C. §922(g)(9) that cannot be lifted by expungement in Texas. We challenge every element that supports a family violence designation in addition to the underlying assault charge. Call 210-899-0732 immediately.
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