Understanding Assault Charges in San Antonio
Assault charges in Texas are treated with significant gravity—and San Antonio is no exception. Prosecutors often pursue felony charges in cases that might otherwise be classified as misdemeanors, sometimes even when the alleged victim does not wish to move forward. If you’re facing assault allegations, it’s essential to understand the potential consequences and why having a skilled criminal defense attorney can make a critical difference in your case.
What Constitutes Assault in Texas?
Under Texas law, assault can include:
- Intentionally or recklessly causing bodily injury to another person
- Threatening someone with imminent bodily harm
- Physically contacting another individual in a manner that could be considered offensive or provocative
Importantly, even if no obvious physical injury occurred, you can still face assault charges if the other person reasonably believed they were in danger or “felt pain”. This is why these charges can arise from a wide range of situations—some more serious than others.
Penalties for Assault Convictions in Texas
The consequences for an assault conviction vary greatly depending on the details of the incident, such as the extent of harm caused, the relationship between the parties involved, and whether a weapon was present.
- Simple Assault, or Assault by Contact, a Class C misdemeanor, may result in fines and no jail time.
- Aggravated Assault (involving serious injury or a deadly weapon) can carry penalties up to life in prison and $10,000 in fines.
Family Violence Assault in Texas
When assault involves a spouse, romantic partner, family member, or someone you live with, it is often prosecuted under Texas’s Family Violence statutes.
- A first offense could lead to up to one year in jail and a fine of up to $4,000.
- A repeat offense can escalate to a felony, with potential penalties of up to 20 years in prison and significantly higher fines.
A Family Violence conviction also carries long-term personal consequences, including:
- Difficulty securing employment
- Immigration consequences, such as deportation or visa denial
- Ineligibility to possess a firearm for at least five years
- Damage to your personal relationships and reputation
- Interference with your parental rights in a child custody proceeding
Misdemeanor Assault Charges in Texas
Texas classifies misdemeanor assault into three categories:
- Class C Misdemeanor: Typically involves threats or offensive contact without bodily injury. Penalty: up to a $500 fine. A conviction, however, can still make a second offense a felony if family violence is proven.
- Class A Misdemeanor: The most serious misdemeanor, usually applied when actual physical injury occurs. Penalty: up to one year in jail and a $4,000 fine.
When Does Assault Become a Felony?
Felony assault charges are more severe and carry long-term legal and social consequences. Examples include:
- Third-Degree Felony: When the victim is a public servant, family member (involving a strangulation allegation or second offense,) emergency personnel, or security officer. Penalty: 2–10 years in prison and up to $10,000 in fines.
- Second-Degree Felony: Often charged when a deadly weapon is involved—even without injury. Penalty: 2–20 years in prison.
- First-Degree Felony: Involves severe bodily harm and a deadly weapon, or if the victim is a protected class such as a police officer or witness. Penalty: 5 years to life in prison and a $10,000 fine.
Why You Need a Defense Attorney if You’re Facing Assault Charges
Prosecutors in Bexar County and throughout Texas are known for aggressively pursuing assault cases. Misdemeanor charges can quickly be upgraded to felonies, and without proper legal guidance, you could be pressured into accepting a plea deal that isn't in your best interest.
At the Law Office of Roberto Ambrosino, PLLC, we know the ins and outs of the San Antonio court system and will thoroughly examine every aspect of your case, including:
- Reviewing the evidence
- Challenging the prosecution’s narrative
- Exploring defenses such as self-defense or mistaken identity
- Negotiating reduced charges or alternative sentencing
- Taking your case to trial if necessary to fight for your freedom
Each case is unique, and we approach yours with the attention and strategy it deserves. Whether you're facing a misdemeanor or a serious felony assault charge, you don’t have to go through it alone.
Speak with a San Antonio Assault Defense Attorney Today
If you’ve been arrested or charged with assault in San Antonio, the stakes are too high to wait. Reach out to the Law Office of Roberto Ambrosino, PLLC today to schedule a confidential consultation. We'll help you understand your rights, evaluate your legal options, and start building a strong defense strategy tailored to your case.