Attorney On Call 24/7

737-937-5786

Free Consultation

Simple Assault Defense in San Marcos & Hays County

A simple assault charge in Texas — even a Class A misdemeanor — creates a permanent criminal record and can trigger a lifetime federal firearms prohibition if a family violence finding attaches. There is nothing simple about it. We evaluate self-defense on every case, challenge the injury evidence, and build the defense from day one. Former prosecutor on staff. Over 930 dismissals or rejected cases since 2021. Call 737-937-5786.

Free Consultation 737-937-5786 — 24/7
✓ Self-Defense Evaluated on Every Case ✓ Former Prosecutor on Staff ✓ Hays County Courts ✓ Available 24/7
Litigator of the Year 2023 — simple assault defense attorney San Marcos Hays CountyMark Hull
Expertise.com Best Criminal Defense Lawyers Hays County — simple assault defenseMark Hull*
National Trial Lawyers Top 100 — assault defense attorney San Marcos TexasMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor simple assault defense Hays CountyAllison Tisdale — 2022
Lawyers of Distinction — assault defense lawyer San Marcos TexasMark Hull
Criminal Defense Top 10 — simple assault defense Hays CountyMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

Simple Assault in Texas — What Penal Code §22.01 Actually Covers

Simple assault under Texas Penal Code §22.01 covers three distinct acts: intentionally, knowingly, or recklessly causing bodily injury to another person (Class A misdemeanor); intentionally or knowingly threatening another with imminent bodily injury (Class C misdemeanor); and intentionally or knowingly causing physical contact that the actor knows or should reasonably believe the other will find offensive or provocative (Class C misdemeanor). The practical implication is that you can be charged with assault in Texas without causing any physical injury and without making any physical contact. A verbal threat alone satisfies the Class C standard. A Class A misdemeanor assault conviction carries up to one year in Hays County jail and up to a $4,000 fine — and is permanent on your criminal record.

The most significant hidden consequence of a simple assault charge is the family violence finding. If the alleged victim is a family member, current or former romantic partner, or household member, DA Kelly Higgins’s office will seek a family violence finding under Family Code §71.004. That finding — attached even to a Class A misdemeanor — triggers the federal Lautenberg Amendment: a lifetime prohibition on possessing firearms under 18 U.S.C. §922(g)(9). It also makes a second assault conviction a third-degree felony, not another misdemeanor.

I’ve defended simple assault charges in Hays County courts across the full range of factual scenarios — bar fights, domestic calls, neighbor disputes, and university-area incidents. The defense on every one starts with the same analysis: what exactly does the evidence show, does self-defense apply, and is the alleged injury sufficient to meet the legal standard the charge requires. Call 737-937-5786 before you say anything to police.

  • ✓ Payment Plans Available
  • ✓ Local San Marcos Law Firm
  • ✓ Affordable Fees
  • ✓ Award-Winning Firm
Get a free, confidential case evaluation →

Simple Assault Penalties in Texas — Every Charge Level Under §22.01

The charge class determines the penalties, the court, and the long-term consequences. Here is every level under the simple assault statute.

Charge TypeClassJail / FineKey Consequence
Threat of Bodily Injury§22.01(a)(2) — no physical contact requiredClass C Misd.No jail • Up to $500Criminal record • No jail
Offensive / Provocative Contact§22.01(a)(3) — no injury requiredClass C Misd.No jail • Up to $500Criminal record • No injury needed
Bodily Injury Assault§22.01(a)(1) — physical pain, illness, or impairmentClass A Misd.Up to 1 year • Up to $4,000Permanent record • Employment impact
Assault + Family Violence Finding§22.01 + Family Code §71.004Class A Misd. + FVSame + federal gun banLifetime firearm prohibition (Lautenberg)
Assault on Public Servant§22.01(b)(1) — while officer performing duty3rd Degree Felony2–10 years TDCJ • $10,000Prison range • Felony record
Assault on Elderly / Disabled§22.01(b)(2) — victim age 65+ or disabled3rd Degree Felony2–10 years TDCJ • $10,000Victim’s status elevates charge
2nd Assault w/ Prior FV Finding§22.01(b)(2)(A) — repeat family violence3rd Degree Felony2–10 years TDCJ • $10,000Prior FV finding elevates second offense

Deferred adjudication for assault with a family violence finding does not allow an order of non-disclosure in Texas — the record remains visible even after deferred adjudication is completed.

Simple assault arrest Hays County Texas — man in jail facing assault charges in San Marcos

The Family Violence Finding — The Hidden Consequence of Simple Assault

Most clients charged with simple assault in Hays County focus on the criminal penalty: the potential jail time and the fine. Those are real, but the family violence finding is often the more devastating long-term consequence — and it attaches at the misdemeanor level.

Under the federal Lautenberg Amendment (18 U.S.C. §922(g)(9)), any person convicted of a “misdemeanor crime of domestic violence” is permanently prohibited from possessing, shipping, or receiving any firearm or ammunition under federal law. A Texas Class A misdemeanor assault conviction with a family violence finding satisfies that federal definition. The prohibition is lifetime, applies to all firearms, and has no exception for employment purposes — including law enforcement officers and military personnel who lose their ability to carry as a result.

DA Kelly Higgins’s office pursues family violence findings in Hays County assault cases involving family members, household members, and current or former dating partners. We challenge the family violence finding as a separate strategic objective on every case where it could attach — because the federal firearms consequence is often more severe than the criminal penalty itself, and because the finding makes any future assault charge a felony rather than a misdemeanor.

Simple assault defense attorneys San Marcos — Mark Hull and Allison Tisdale challenging assault evidence in Hays County courts

How We Defend Simple Assault in Hays County

Simple assault has more defensible angles than most clients realize when they walk in. Here is how we approach every case.

01
Evaluate self-defense immediately

Texas Penal Code §9.31 allows the use of force when a person reasonably believes it is immediately necessary to protect against unlawful force. Texas has no duty to retreat when you are lawfully present. If self-defense applies, it is a complete defense to the assault charge — not a mitigating factor.

02
Challenge what constitutes 'bodily injury'

A Class A misdemeanor assault requires proof of bodily injury — physical pain, illness, or any impairment of physical condition. We scrutinize the medical records and the officer’s observations to determine whether the alleged injury actually meets that standard. A scratch, a claim of pain without visible injury, or a complaint made hours after the incident creates real grounds to challenge the charge level.

03
Examine the complaining witness’s statement

Was the account consistent from the 911 call to the written statement? Does it match what the officer observed when they arrived? Does it contradict bodycam footage or surveillance video? Inconsistencies in the complaining witness’s account are among the most powerful tools for undermining a simple assault prosecution.

04
Address the family violence finding separately

If a family violence finding could attach, we challenge it as a distinct objective. The FV finding’s consequences — the federal gun ban, the felony escalation for any future offense — are often more severe than the criminal penalties. We negotiate specifically against the finding, not just the charge.

05
Engage DA Kelly Higgins’s office with documented arguments

Allison Tisdale prosecuted assault cases before joining our firm. She knows how this office evaluates its simple assault files and what legal arguments create pressure toward dismissal. We go in with specific documented grounds.

06
Evaluate expungement on every dismissed case

A dismissed simple assault can be expunged under Texas Chapter 55 — meaning the arrest disappears from background checks entirely. A conviction cannot be expunged. Dismissal is always the primary goal.

Simple Assault Defense Credentials — Hays County

Mark Hull has practiced criminal defense in Texas for over 20 years. He has defended simple and aggravated assault cases in Hays County, Travis County, and Williamson County for over 20 years, including cases where self-defense was the central issue at trial.

Allison Tisdale prosecuted assault cases in Texas courts before joining the defense. She knows how DA Kelly Higgins’s office evaluates simple assault files, what evidence it considers sufficient to proceed to trial, and where prosecution files tend to have the most vulnerability. We carry a 5.0 rating across 363 Google reviews and have achieved Over 930 dismissals or rejected cases since 2021 across Central Texas courts, including simple assault charges with family violence findings.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Hays, Travis, Williamson, and Caldwell county courts. Mark Hull.

◆ Former State Prosecutor on Staff

Allison Tisdale prosecuted criminal cases in Texas courts before joining the defense. She knows how DA Kelly Higgins’s office builds these cases — and where they fall apart.

◆ Tried Cases to Verdict in Hays County

When the evidence supports going to trial, we go. Most defense attorneys in this area don’t. That changes how the prosecution evaluates every case at every prior stage.

◆ Over 930 dismissals or rejected cases since 2021

Hays County, Travis County, Williamson County — assault, DWI, drug, felony and misdemeanor charges of all levels.

Over 930dismissal or rejected cases since 2021
5.0Google Rating (363 Reviews)
20+Years in Hays County Courts

Simple Assault FAQ — Hays County & San Marcos

What clients ask most about simple assault charges in Texas — answered with specific statute citations and Hays County court details.

Simple assault under Texas Penal Code §22.01 covers three acts: (1) intentionally, knowingly, or recklessly causing bodily injury to another person — Class A misdemeanor; (2) intentionally or knowingly threatening another with imminent bodily injury — Class C misdemeanor; and (3) intentionally or knowingly causing physical contact that the person knows or reasonably should know the other will find offensive or provocative — Class C misdemeanor. Physical injury is only required for the Class A charge. A verbal threat alone can support a Class C assault charge in Texas.

Simple assault under §22.01 is typically a Class A misdemeanor (bodily injury) or Class C misdemeanor (threat or offensive contact). However, the charge escalates to a third-degree felony if the alleged victim is a public servant performing their duty, an elderly person, a disabled person, or if the defendant has a prior family violence assault conviction. The charge level determines the court, the possible penalties, and the long-term record consequences.

A family violence finding under Family Code §71.004 attaches when a simple assault involves a family or household member, current or former romantic partner, or parent of the same child. Under the federal Lautenberg Amendment (18 U.S.C. §922(g)(9)), anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing any firearm or ammunition. A Texas Class A misdemeanor assault conviction with a family violence finding satisfies this federal definition. The prohibition is lifetime, applies to all firearms, and affects law enforcement officers and military personnel as well as civilians.

Yes — and dismissal is more common than most people expect when the defense builds the right case. Self-defense is a complete defense if it applies. Insufficient injury evidence can defeat the Class A charge. Inconsistencies in the complaining witness’s account, contradicted by bodycam footage or prior inconsistent statements, create real grounds for dismissal or acquittal. We have gotten simple assault charges dismissed in Hays County courts across a range of factual scenarios. Call 737-937-5786 immediately — the earlier we are involved, the more complete the evidence record we can build.

The alleged victim cannot unilaterally drop criminal charges in Texas. Once DA Kelly Higgins’s office files the case, it is the State of Texas’s prosecution. The complaining witness can recant or refuse to testify, but the prosecution can proceed on other evidence: 911 call recordings, officer observations, medical records, and third-party witness statements. We build a defense that accounts for this possibility from day one — not one that depends on the alleged victim’s cooperation.

Yes. A Class A misdemeanor assault conviction is a permanent criminal conviction in Texas. It shows on criminal background checks run by employers, landlords, professional licensing boards, and federal background check systems. It is not a traffic ticket — it is a criminal misdemeanor conviction. If the case is dismissed, the arrest can be expunged under Texas Chapter 55 and removed from background check records entirely. This is why dismissal is always the primary goal.

Misdemeanor assault cases in the Hays County Courts at Law typically take anywhere from a few months to over a year depending on the complexity of the evidence, the prosecution’s evaluation of the case, and whether pre-trial motions are filed. Cases involving strong self-defense claims, bodycam footage that contradicts the complaint, or significant evidence problems tend to resolve faster because the prosecution can assess its exposure earlier. We push for early resolution on cases with strong defense angles and prepare thoroughly for trial on cases that require it.

Yes. Under Penal Code §22.01(a)(2), intentionally or knowingly threatening another person with imminent bodily injury is a Class C misdemeanor assault. No physical contact is required. No physical injury is required. The threat must be of imminent bodily injury — not a future threat — and it must be intentional or knowing. A general statement made in anger may or may not satisfy the statute depending on the context and delivery. We evaluate the specific words alleged and the context to determine whether the conduct actually meets the statutory standard.

Criminal Defense Resources — San Marcos & Hays County

Related pages covering criminal defense charges in San Marcos and Hays County.

Assault Defense Hub

All assault charge types in Hays County — simple, aggravated, family violence, and ADW.

Aggravated Assault

Second and first-degree felony assault — serious bodily injury, deadly weapon, and 1st-degree enhancements.

Family Violence Defense

The family violence finding, Lautenberg Amendment, protective orders, and Hays County defense strategy.

Assault with Deadly Weapon

Felony assault with a deadly weapon — weapon definition, self-defense, and Castle Doctrine.

Criminal Defense San Marcos

Full criminal defense hub for San Marcos — all charge types in Hays County courts.

Expungement San Marcos

How to clear a dismissed assault charge from your record under Texas Chapter 55.

Hays County Courts Guide

Guide to the Hays County Courts at Law and what to expect at each stage of an assault case.

DWI Defense San Marcos

DWI defense hub for Hays County — all charge types and defense strategies.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Hays County, Travis County, and Central Texas.

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.”

Simple Assault Charge in San Marcos or Hays County? Call Us Now.

A simple assault charge — especially with a family violence finding — has permanent consequences that extend far beyond the criminal penalty. Call our San Marcos assault defense team at 737-937-5786 — 24 hours a day, 7 days a week.

Free Consultation737-937-5786

For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

1