Travis County Assault & Violent Crimes Lawyer
Assault and violent crime charges in Travis County carry weight that extends far beyond the courtroom. A conviction can strip away employment opportunities, housing options, professional licenses, and in some cases, the right to possess a firearm. The criminal justice system in Austin moves quickly, and the decisions made in the first hours and days after an arrest can shape everything that follows. If you or someone you care about has been charged with assault, aggravated assault, robbery, or any other violent offense in Travis County, getting the right legal representation early is not optional. It is essential.
The Law Offices of David C. Hardaway defends people charged with assault and violent crimes across Travis County and the surrounding region. As a Travis County assault and violent crimes lawyer, David Hardaway brings direct courtroom experience, deep familiarity with how local prosecutors build these cases, and a defense approach built around the specific facts of each client’s situation. Clients are told the truth about where they stand, given a clear picture of their options, and represented with the kind of intensity that serious charges demand.
Violent crime allegations often arise from disputed accounts of what happened. Witnesses disagree. Physical evidence is interpreted differently. Relationships between alleged victims and defendants complicate the picture. These are not cases where a cookie-cutter defense strategy works. They require careful investigation, thoughtful motion practice, and a lawyer who knows how to challenge the government’s version of events at every stage of the process.
Assault and Violent Crime Charges the Firm Handles in Travis County
- Assault – Bodily Injury: Under Texas Penal Code Section 22.01, intentionally, knowingly, or recklessly causing bodily injury to another person can result in a Class A misdemeanor charge, which carries potential jail time and a permanent criminal record. These charges frequently arise from domestic disputes, bar altercations near Sixth Street and the Red River Cultural District, and confrontations on or near the University of Texas campus.
- Aggravated Assault: When an assault involves serious bodily injury or the use or exhibition of a deadly weapon, Texas law elevates the offense to a second-degree felony, or a first-degree felony in certain circumstances. Convictions carry significant prison exposure, and these cases are prosecuted aggressively by the Travis County District Attorney’s Office.
- Assault Family Violence: Domestic assault carries consequences that go beyond the standard criminal penalties. A family violence finding on a conviction triggers federal firearm prohibitions, affects child custody proceedings, and can result in a protective order that removes a person from their home. These cases require immediate, specialized defense.
- Robbery and Aggravated Robbery: Robbery under Texas law involves theft combined with threatening or injuring another person, and it is charged as a second-degree felony. Aggravated robbery, which involves serious bodily injury, a deadly weapon, or a victim who is elderly or disabled, is a first-degree felony. Both carry potential prison sentences measured in years, not months.
- Deadly Conduct: Pointing a firearm at another person or discharging a weapon in a manner that places others at risk of serious bodily injury is a separate criminal offense in Texas. These charges are commonly filed in Travis County alongside or instead of assault charges depending on the circumstances.
- Terroristic Threat: Making a threat with the intent to place someone in fear of imminent serious bodily injury, or threatening to commit an offense involving violence to cause public evacuation or reaction, can result in misdemeanor or felony charges depending on the target and circumstances.
- Manslaughter and Criminally Negligent Homicide: When violent conduct results in death, the charges escalate significantly. These cases demand the most thorough investigation, including independent forensic review, witness analysis, and a defense strategy built from the ground up with the most serious consequences in mind.
What the Evidence Actually Looks Like in Travis County Violent Crime Cases
Prosecutors in Travis County typically build assault and violent crime cases around a combination of complainant statements, witness testimony, law enforcement observations, photographs, medical records, and, increasingly, video surveillance footage. Austin’s downtown entertainment district, residential neighborhoods, and commercial areas are covered by both private and public cameras. Body-worn camera footage from Austin Police Department officers has become a central piece of evidence in many cases, sometimes supporting the defense and sometimes creating challenges that must be confronted head-on.
One of the most important and often overlooked aspects of violent crime defense is the quality of the initial investigation. Police reports reflect what officers were told and observed in a high-pressure situation. They are not always accurate, complete, or unbiased. An independent investigation that gathers additional witness accounts, identifies surveillance footage the police may not have collected, and documents the scene can reveal facts that change the entire direction of a case. The Law Offices of David C. Hardaway treats every case as though the prosecution’s version of events needs to be verified from scratch, because in practice, that is the only responsible approach.
Medical evidence also plays a critical role. In cases involving alleged bodily injury, the nature and cause of injuries can be disputed. Emergency room records, photographs, and expert medical opinion can either corroborate or undercut the prosecution’s narrative. Defense attorneys who take violent crime cases seriously work with this evidence carefully, not simply accepting the conclusions of medical providers or the state’s experts at face value.
What to Do After an Assault Arrest in Travis County
If you have been arrested for assault or another violent offense in Travis County, the most important thing you can do is stop talking to law enforcement about what happened. The right to remain silent is not a technicality. Statements made during or after an arrest are regularly used by prosecutors to fill in gaps in their cases, and even statements that seem to help can be taken out of context or interpreted in ways you did not intend. Invoke your right to an attorney and do not discuss the facts of your situation with anyone other than your lawyer.
After an arrest in Travis County, defendants are typically processed through the Travis County Jail located at 500 West 10th Street in Austin. A magistrate will set bond conditions, which in domestic violence cases often include mandatory protective orders prohibiting contact with the alleged victim. Violating those conditions, even if the alleged victim initiates contact, creates a separate criminal problem. Your lawyer needs to know about any contact immediately if it occurs.
Cases involving felony assault charges are handled in the Travis County District Courts, which are located at the Travis County Courthouse at 1000 Guadalupe Street in Austin. Misdemeanor assault cases are heard in the Travis County Courts at Law at the same general courthouse complex. Understanding which court has jurisdiction over your case matters because the judges, prosecutors, and procedures differ. An assault and violent crimes attorney serving Travis County who has worked in these courts knows those differences and can use that knowledge in your defense.
One of the most common mistakes people make after an assault charge is waiting to hire a lawyer. The early stages of a case, including the bail hearing, the initial arraignment, and the first communication between defense counsel and the prosecutor, set the tone for everything that follows. A lawyer who gets involved early can often influence bond conditions, begin building a defense record before evidence disappears, and establish a working relationship with the court that benefits the client. Waiting weeks to retain counsel cedes that ground.
Gather and preserve anything that might be relevant to your defense: text messages, emails, social media posts, photographs, contact information for witnesses who saw what happened, and any documentation of the relationship between you and the alleged victim if one exists. This information is often time-sensitive. Surveillance footage may be overwritten. Witnesses move on. Digital communications can be deleted. Your lawyer will need everything you can provide, and the sooner the better.
Why David Hardaway for Travis County Violent Crime Defense
Client reviews of the firm consistently highlight the same qualities: clear communication when everything feels uncertain, honest assessments rather than false reassurance, and a team that actually investigates rather than simply processing cases through the system. Jason K., one former client, described getting a case dismissed after the legal team “listened, investigated, and thoroughly believed in me.” Edward G. noted that his attorney “got me off” in a complex case and said the representation “can really make a difference for the better.” These are not vague endorsements. They reflect a specific way of practicing law.
Violent crime cases in Travis County require a defense attorney who understands Texas criminal procedure, knows how the Travis County District Attorney’s Office evaluates and prosecutes assault cases, and is prepared to take a case to trial if that is what the facts demand. The Law Offices of David C. Hardaway handles felony and misdemeanor cases with the same level of preparation, from rigorous motion practice to courtroom advocacy. Clients are kept informed throughout the process, calls are returned, and no client is left wondering what is happening with their case. The firm’s geographic reach across Central Texas also means deep familiarity with how neighboring jurisdictions handle cases that originate in or touch Travis County.
Questions About Travis County Assault Charges, Answered
What is the difference between simple assault and aggravated assault in Texas?
Simple assault under Texas law generally involves intentionally, knowingly, or recklessly causing bodily injury to another person, or making intentional physical contact in a way the other person would find provocative or offensive. Aggravated assault involves either serious bodily injury or the use or exhibition of a deadly weapon during the assault. The distinction matters enormously for sentencing purposes. Simple assault is typically a Class A misdemeanor, while aggravated assault is usually a second-degree felony and can become a first-degree felony depending on the circumstances.
Can an assault charge be dropped if the alleged victim does not want to press charges?
The decision to pursue charges belongs to the prosecutor, not the alleged victim. Once an assault case is reported to law enforcement and charges are filed, the Travis County District Attorney’s Office controls whether the case moves forward. An alleged victim can communicate to prosecutors that they do not wish to proceed, and that communication may influence how the case is handled, but it does not automatically result in dismissal. Prosecutors in domestic violence cases are particularly trained to proceed without victim cooperation in some circumstances.
What happens if there is a protective order in place during my assault case?
Protective orders issued in connection with assault or family violence cases create legally enforceable contact restrictions. Violating a protective order is itself a criminal offense, separate from the underlying assault charge, and can result in additional arrest and prosecution. If there is any ambiguity about what the order permits, your attorney needs to clarify it before any contact occurs, regardless of who initiates it.
Will an assault conviction prevent me from owning a firearm?
Under federal law, a conviction for a misdemeanor crime of domestic violence results in a lifetime prohibition on possessing firearms or ammunition. A felony conviction of any kind, including felony assault, also triggers a firearm prohibition. These consequences are permanent under federal law and apply regardless of what Texas state law might otherwise allow. For people who own firearms for personal protection or hunting, this consequence alone can be life-altering.
How does a family violence finding affect a child custody case?
Texas family courts treat family violence as a significant factor in custody determinations. A conviction with a family violence finding, or even a civil protective order, can create a presumption against granting that parent joint or sole managing conservatorship. The overlap between criminal defense and family law in these situations is real, and addressing it strategically requires attention to how the criminal case could affect proceedings in a separate family court.
What if I acted in self-defense? How does that affect my case in Travis County?
Texas law recognizes the right to use force, including deadly force in certain circumstances, to protect yourself or others. A self-defense claim must be supported by evidence that you reasonably believed force was necessary to protect against the threat you faced. The burden of production generally falls on the defense to raise the issue, after which the prosecution must disprove self-defense beyond a reasonable doubt. Whether self-defense is a viable strategy depends heavily on the specific facts, including who initiated the confrontation, the nature of the threat, and any history between the parties.
Can assault charges be expunged in Texas?
Expungement in Texas is limited to situations where charges were dismissed, a person was acquitted, or in some cases where a deferred adjudication was granted and specific eligibility criteria are met. A conviction for assault, even a Class A misdemeanor, cannot be expunged in Texas. For cases that do not result in conviction, expunction removes the arrest record and allows the person to legally deny the arrest occurred. The availability of expunction depends on the specific outcome of the case, and not every dismissal automatically qualifies.
How are assault cases near the University of Texas campus typically handled?
Assaults occurring on or near the UT Austin campus can involve both university conduct proceedings and Travis County criminal charges simultaneously. These parallel processes move on different timelines and apply different standards of proof. A student facing criminal charges for assault may also be subject to university discipline that affects enrollment and academic standing. Coordinating a defense strategy that accounts for both proceedings requires careful attention to what is said and how the case is presented in each forum.
What role does alcohol play in Travis County assault prosecutions?
A significant number of assault cases in Austin arise from incidents in bars, restaurants, and entertainment venues, particularly around Sixth Street, Rainey Street, and East Austin. Prosecutors frequently use evidence of alcohol or drug consumption to support claims about the defendant’s state of mind or recklessness. At the same time, evidence of intoxication by the alleged victim can sometimes be relevant to the defense, particularly where the victim’s perceptions or memory of events are at issue. These cases require a fact-specific analysis of how intoxication evidence cuts for or against each party.
Is it worth fighting an assault charge or is accepting a plea the better option?
The answer depends entirely on the specific facts, the strength of the evidence, the charges involved, and the consequences a conviction would carry for that particular person. Some cases have clear weaknesses in the prosecution’s evidence that make trial a viable path. Others involve strong evidence but present opportunities for charge reductions or deferred dispositions that avoid a permanent conviction. A lawyer who has reviewed all the evidence and understands how Travis County prosecutors approach these cases is the only person positioned to give an honest answer to that question for any individual situation.
Serving Travis County and the Surrounding Communities
The Law Offices of David C. Hardaway represents clients charged with assault and violent crimes throughout Travis County and the broader Central Texas region. Within Travis County, the firm defends clients from Austin’s central neighborhoods including downtown, East Austin, South Congress, Hyde Park, Mueller, and North Loop, as well as suburban communities like Manor, Pflugerville, Cedar Park, and Lakeway. West Lake Hills, Rollingwood, and the Bee Cave corridor are also within the firm’s regular service area for Travis County matters.
Beyond Travis County, the firm handles violent crime defense in Hays County courts in San Marcos, Kyle, and Buda, as well as in Williamson County covering Round Rock, Georgetown, and Cedar Park. Caldwell County cases in Lockhart and Luling, Bastrop County matters, and Guadalupe County charges in Seguin and surrounding communities are also part of the firm’s regular caseload. The firm also maintains offices in Fredericksburg and Brenham, extending representation into the Hill Country and Washington County for clients who need a violent crimes attorney in those areas. Wherever a client is located along the I-35 corridor or into the surrounding Hill Country, the firm is positioned to help.
Talk to a Travis County Assault and Violent Crimes Attorney Today
A charge is not a conviction, and how you respond to it determines what happens next. The Law Offices of David C. Hardaway provides direct, honest counsel to people facing assault and violent crime charges in Travis County, without sugarcoating the situation and without leaving clients in the dark about where things stand. As a Travis County assault and violent crimes attorney with experience in the local courts and familiarity with how these cases are prosecuted, David Hardaway builds a defense grounded in the real facts of each client’s case. Call today to schedule a confidential consultation and get a clear picture of your options.
