Bexar County Assault & Violent Crimes Lawyer
Assault and violent crime charges carry weight that extends far beyond the courtroom. A conviction can strip someone of their right to own a firearm, cost them their job, damage their reputation in ways that outlast any sentence, and follow them through background checks for decades. In Bexar County, these cases move quickly and prosecutors take an aggressive posture, particularly on charges involving family violence allegations, weapons, or serious bodily injury. If you or someone you care about has been arrested on an assault or violent crime charge anywhere in Bexar County, the decisions made in the first hours and days after arrest matter enormously.
The Law Offices of David C. Hardaway has defended clients facing Bexar County assault and violent crimes charges as part of a broader criminal defense practice spanning Central and South Texas. From first-appearance hearings to contested trials, the firm brings the same disciplined, detail-focused approach to every case: investigate thoroughly, challenge the prosecution’s evidence at every stage, and pursue the outcome that best protects the client’s future. This is not a firm that processes cases in bulk. Attorney David Hardaway and his team treat each case as what it actually is, which is someone’s life and livelihood on the line.
Texas law draws sharp distinctions between types of assault and violent crimes, and where your charge lands on that spectrum determines which court will handle your case, what range of punishment you face, and which legal strategies are available. Understanding those distinctions from the start, and working with a lawyer who does the same, is what separates a well-prepared defense from a rushed one.
The Charges You Might Be Facing and What Texas Law Actually Says
- Simple Assault: Under Texas Penal Code, assault can be charged as a Class A or Class B misdemeanor depending on the circumstances, including intentionally or recklessly causing bodily injury or threatening someone with imminent bodily injury. Misdemeanor assault cases in Bexar County are handled in the County Court at Law system, but a conviction still means a criminal record.
- Aggravated Assault: When an assault involves serious bodily injury or the use or exhibition of a deadly weapon, the charge escalates to aggravated assault, a second-degree felony under Texas law, and potentially a first-degree felony if the victim is a public servant or if a firearm is used. These cases land in Bexar County’s district courts and carry significant prison exposure.
- Family Violence Assault: Assault charges involving a household member, dating partner, or family member carry enhanced consequences in Texas. A family violence finding on your record can permanently restrict your right to possess firearms under federal law and will affect custody proceedings, housing applications, and employment. The 144th, 225th, and 290th District Courts in Bexar County frequently handle these matters.
- Deadly Conduct: Firing a weapon in the direction of another person or a vehicle, or recklessly placing someone in danger of serious bodily injury, can support a deadly conduct charge. This is often a felony and is treated seriously by Bexar County prosecutors regardless of whether anyone was injured.
- Robbery and Aggravated Robbery: Robbery involves theft combined with assault or placing someone in fear of imminent bodily injury. Add a deadly weapon or serious bodily injury and the charge becomes aggravated robbery, a first-degree felony with a punishment range starting at five years. These are among the most aggressively prosecuted charges in the county.
- Terroristic Threat: Texas law criminalizes threatening someone with serious bodily injury or death with the intent to place them in fear. Depending on the target and context, this can be charged as a misdemeanor or felony, and it frequently accompanies other assault-related charges.
- Manslaughter and Criminally Negligent Homicide: When a violent incident results in death and prosecutors do not pursue murder charges, they may file manslaughter or criminally negligent homicide. Both are felony charges handled in the district courts, and the evidentiary and forensic issues in these cases require thorough investigation from the defense side.
Why David Hardaway Handles Violent Crime Defense Differently
Clients who have worked with the Law Offices of David C. Hardaway consistently point to a few things that set the firm apart: responsiveness, honesty, and the sense that the attorney genuinely engaged with their case rather than processing it. One client described always being able to reach David when needed and noted that the team was sensitive to the subject matter involved. Another wrote that the firm got a complex case dismissed rather than settling for a conviction, crediting the team’s thorough investigation and genuine belief in the client. These are not incidental details; they reflect how this firm actually operates.
Violent crime cases in Bexar County demand exactly that kind of investment. The Bexar County District Attorney’s Office has specialized units that handle family violence, gang-related crimes, and violent felonies. The defense has to match that level of preparation. That means reviewing every piece of evidence the state intends to use, from police body camera footage to 911 call recordings to medical records, and identifying where that evidence falls short, was improperly obtained, or conflicts with the physical or testimonial record. David Hardaway’s team does not skip that work. As one former client noted regarding attention to detail, it made all the difference. That approach applies directly to assault and violent crime defense in Bexar County.
What Happens After an Arrest in Bexar County, and What You Should Do
After an arrest in Bexar County, a magistrate will typically set conditions of bond during a magistrate’s hearing within 24 to 48 hours. For family violence charges, there may be automatic protective orders issued that prohibit contact with the alleged victim and require the accused to leave a shared residence immediately. Violating those conditions, even unintentionally, creates new legal exposure, so understanding exactly what the conditions say is critical before leaving custody.
Felony charges will be processed through the Bexar County District Courts located at the Paul Elizondo Tower at 101 W. Nueva Street in San Antonio. Misdemeanor assault cases are heard in the Bexar County County Courts at Law. The Bexar County Magistrate’s Office and the adult detention center are both located nearby in the downtown San Antonio justice complex. Knowing which courthouse handles your case, and which prosecutor’s office unit will be assigned to it, matters when mapping out a defense timeline.
One of the most common mistakes people make after a violent crime arrest is talking. Whether it is to law enforcement during the arrest, to a cellmate in the jail, or on a recorded jail phone line, statements made in custody routinely appear in evidence and complicate defense strategies that would otherwise be strong. The right to remain silent is not a technicality; exercising it is one of the most important decisions you can make in the period immediately following an arrest.
Preserve anything that could support your defense. Text messages, social media exchanges, security camera footage, photographs of injuries or property, and names of witnesses can all become relevant. Digital evidence disappears quickly when not preserved. If there are surveillance cameras near the location of the alleged incident, that footage may be overwritten within days. Getting a defense attorney involved quickly gives your legal team the ability to act before that evidence is gone. Contact the Law Offices of David C. Hardaway as soon as possible after an arrest so the team can begin gathering what will be needed.
How Assault and Violent Crime Cases Actually Get Resolved in Bexar County
Not every assault case goes to trial, and not every case should. The path a case takes depends on the specific facts, the strength of the state’s evidence, and the goals of the client. A Bexar County violent crime attorney who has worked in this jurisdiction understands that prosecutors in different divisions handle cases differently and that there are legitimate ways to challenge charges at the grand jury stage, through pretrial motions, or at trial.
In assault cases, especially those involving family violence allegations, one factor that frequently matters is whether the complaining witness remains cooperative with the prosecution. Texas law does not require the alleged victim to press charges, and prosecutors can and do proceed without victim cooperation. However, when a complaining witness recants or becomes unavailable, the state’s case rests more heavily on physical evidence and officer testimony, and that changes the defense calculus. Understanding that dynamic, and the legal limits around it, is part of what an assault defense attorney in Bexar County brings to the table.
Pretrial motions can challenge the admissibility of evidence seized during an unlawful stop or search, challenge statements obtained in violation of Miranda rights, or contest the sufficiency of the charging instrument itself. When those motions succeed, they can narrow the state’s case significantly or prompt dismissal. When they do not succeed outright, they still produce information and rulings that inform trial strategy. Every criminal case in Texas is governed by the Texas Code of Criminal Procedure, and fluency with that framework, as it is actually applied in Bexar County courts, is what makes the difference between a defense that is technically adequate and one that is genuinely effective.
Questions People Ask About Assault Charges in Bexar County
Can assault charges in Bexar County be dropped if the alleged victim doesn’t want to press charges?
The decision to prosecute belongs to the District Attorney’s Office, not the alleged victim. In Texas, particularly in family violence cases, prosecutors often move forward even when the complaining witness is uncooperative or recants. That said, victim cooperation is a significant factor in the state’s ability to prove its case, and a defense attorney can work with those realities when building a strategy.
What does a “deadly weapon” finding mean for my sentence in Texas?
A deadly weapon finding in a Texas felony conviction has serious consequences for how a sentence is served. It can disqualify someone from being released on parole until a larger portion of the sentence is completed. Because this affects time actually served behind bars, it is one of the most important factors in evaluating whether to accept a plea offer or proceed to trial.
I was defending myself. Does Texas allow self-defense as a complete defense to assault charges?
Texas has strong self-defense statutes and a stand-your-ground framework that allows people to use force, including deadly force in certain circumstances, without a duty to retreat. Whether self-defense applies depends on the specific facts, including who initiated contact, whether the force used was proportionate, and whether the defendant was engaged in criminal activity at the time. A well-developed self-defense claim requires thorough investigation of the circumstances before and during the alleged incident.
How long does a felony assault case typically take to resolve in Bexar County?
Felony cases in Bexar County can take anywhere from several months to over a year from arrest to resolution, depending on the complexity of the facts, court docket conditions, and how the case develops. Cases that go to trial take longer than those resolved through plea negotiations. Your attorney should be able to give you a realistic projection once the case is docketed and initial discovery has been reviewed.
Can an assault conviction affect my immigration status?
Yes. Assault convictions, particularly those classified as crimes involving moral turpitude or crimes of domestic violence under federal law, can have significant immigration consequences including removal proceedings, bars to naturalization, and inadmissibility. If you are not a U.S. citizen, immigration consequences need to be part of the conversation with your defense attorney from the beginning, before any plea is entered.
Will a family violence assault charge affect my ability to own or carry a firearm?
A conviction for a misdemeanor crime of domestic violence under federal law, which includes many Texas family violence assault convictions, creates a lifetime prohibition on possessing firearms under federal law. This is separate from any state-level firearms restrictions. Losing the right to carry or possess a firearm has serious implications for people in certain professions, and it is one reason to contest a family violence charge rather than accept a plea without fully understanding the collateral consequences.
What happens if I violate a protective order that was issued after my assault arrest?
Violating a protective order in Texas is a separate criminal offense, typically charged as a Class A misdemeanor, though it can be elevated to a felony depending on the circumstances, including prior violations. A violation can also jeopardize your bond conditions and result in you being held without bail for the underlying charge. If a protective order was issued as part of your case, the terms need to be followed precisely.
Can I still be charged with assault if no one was physically hurt?
Yes. Texas law defines assault to include intentionally or knowingly threatening another person with imminent bodily injury, even if no physical contact occurred. This means a heated verbal confrontation that involves a credible threat can support an assault charge. The state does not need to prove that anyone was struck or injured.
Does it matter whether the alleged victim and I were in a dating relationship rather than married?
Yes. Texas law applies its family violence provisions to people in dating relationships, not just married couples or cohabitants. If the state establishes that you and the complaining witness were or had been in a dating relationship, a conviction can carry family violence findings with the same long-term consequences as a domestic assault between spouses.
What if I was also arrested in a different county but the incident happened in Bexar County?
Venue for a criminal charge is generally proper in the county where the offense occurred. If the assault or violent crime took place in Bexar County, that is where the case will be prosecuted, regardless of where you were ultimately taken into custody. If there are related charges from activity in multiple counties, those cases may proceed separately in each jurisdiction.
Bexar County Assault Defense Representation Across San Antonio and Surrounding Communities
The Law Offices of David C. Hardaway represents clients across Bexar County and the surrounding region. Within San Antonio, the firm serves clients from the downtown core through the near South Side, Southtown, Alamo Heights, Stone Oak, the Medical Center area, Helotes, Leon Valley, Converse, Universal City, and Live Oak. The team also handles cases arising in Schertz, Cibolo, and other fast-growing communities along the I-35 and I-10 corridors northeast of the city.
As part of a broader Central and South Texas practice, the firm also takes cases originating in counties that border Bexar to the north and east, including Comal County with its New Braunfels courts, Guadalupe County courts in Seguin, and Kendall County. Clients who were arrested in Bexar County but live elsewhere in the region, including areas served by the firm’s San Marcos and Fredericksburg office locations, can work with the same legal team regardless of where they reside. The violent crime attorney representation the firm provides in Bexar County is part of the same practice that defends clients across Hays, Caldwell, and Guadalupe Counties, giving the team a regional perspective on how different prosecutors and courts handle similar charges.
Talk to a Bexar County Assault and Violent Crimes Attorney About Your Case
Assault and violent crime charges do not get easier to defend with time. Evidence can disappear, witnesses’ memories shift, and prosecutors build their cases while defendants wait. If you have been arrested or believe charges are coming in Bexar County, reaching out to a Bexar County assault and violent crimes attorney as soon as possible gives your defense the best possible foundation. The Law Offices of David C. Hardaway will give you a straight assessment of your situation, explain your options without pressure, and work with you to build the strongest case the facts allow. Contact the firm today to schedule a confidential consultation.