San Antonio Assault Lawyer
An assault charge in San Antonio carries consequences that extend well beyond a courtroom verdict. A conviction can cost you your job, your housing, your professional license, and in some cases your right to remain in the country. The Bexar County criminal justice system processes assault cases by the thousands each year, and prosecutors there do not treat them as minor inconveniences. Whether the charge stems from a bar dispute on the River Walk, a domestic argument in Alamo Heights, or a confrontation that got out of hand after a Spurs game, what you do in the first days after an arrest shapes the trajectory of everything that follows. A San Antonio assault lawyer who knows Bexar County’s courts, prosecutors, and procedures can mean the difference between a conviction that follows you forever and a result that lets you move on.
At The Law Offices of David C. Hardaway, we handle assault and violent crime cases across Central and South Texas, including Bexar County. Our firm is based in downtown San Marcos and serves clients throughout the region, appearing in courts from Austin to San Antonio and east toward Seguin and Guadalupe County. We approach every assault case the same way: review the evidence before anything else, identify every weakness in the state’s theory, and build a defense that reflects what actually happened, not what law enforcement assumed happened in the heat of the moment.
Texas assault law draws significant distinctions between charge levels, from Class A misdemeanors to first-degree felonies, and the facts of your case determine where you land on that spectrum. The presence or absence of a weapon, the relationship between the parties, the severity of any injury, and where the incident occurred can all push a charge up or down. Understanding those distinctions early, and knowing how to use them, is what defense representation actually looks like in practice.
What an Assault Charge Looks Like in Bexar County
Texas assault law under Chapter 22 of the Penal Code covers a wider range of conduct than most people expect. You do not have to hit anyone to be charged with assault. Intentionally or knowingly threatening someone in a way that creates reasonable apprehension of imminent bodily injury can be enough. Physical contact that the other person finds offensive or provocative, even without injury, also qualifies. This broad statutory reach is one reason assault arrests happen so frequently, and why so many of them involve situations where the facts are genuinely disputed.
The Bexar County District Attorney’s office prosecutes assault aggressively, particularly when the alleged offense involves family members, dating partners, or public safety officers. San Antonio also has a robust municipal court system that handles the lower-end misdemeanor assault charges, while the Bexar County district courts handle felony-level cases including aggravated assault, assault causing serious bodily injury, and assault involving a deadly weapon. Knowing which court will handle your case, who the likely assigned prosecutor will be, and what that office tends to prioritize matters enormously when you are building a defense strategy.
Assault Charge Types Handled by Our Defense Team
- Simple Assault (Class A Misdemeanor): Charges involving intentional, knowing, or reckless bodily injury to another person. This category generates high arrest volume in San Antonio and covers everything from bar fights to disputes between strangers, carrying potential county jail time and fines.
- Assault by Threat: Charged when someone allegedly caused another person to fear imminent harm, even without any physical contact. These cases often hinge entirely on witness credibility and conflicting accounts, making early evidence preservation critical.
- Domestic Violence Assault: Assault charges involving a family member, household member, or someone in a dating relationship trigger enhanced penalties and mandatory arrest policies in Bexar County. A conviction can also result in a federal firearm prohibition under federal law, which many defendants only learn about after the fact.
- Aggravated Assault: A second-degree or first-degree felony depending on the circumstances. Aggravating factors under Texas law include use of a deadly weapon or causing serious bodily injury. These charges carry potential prison sentences measured in years, not months.
- Assault on a Public Servant: Assaulting a peace officer, firefighter, emergency medical worker, or other public servant elevates the charge to a third-degree felony at minimum. San Antonio’s large police and fire presence means these charges arise frequently and are prosecuted with particular intensity.
- Continuous Violence Against the Family: A third-degree felony charge under Texas law for defendants accused of two or more assaultive acts against a family or household member within a twelve-month period. This charge does not require prior convictions, only conduct that prosecutors can tie together.
- Assault with a Deadly Weapon: Texas law defines “deadly weapon” broadly enough to include vehicles, bottles, bats, and other objects used in a manner capable of causing death or serious injury. These cases often carry significant prison exposure and require a defense that directly contests how the weapon classification was applied.
Why David Hardaway’s Team Handles Assault Cases Across South and Central Texas
The Law Offices of David C. Hardaway has built its criminal defense practice across a wide stretch of Central and South Texas, regularly representing clients in Bexar County courts alongside its home base in Hays County. Assault and violent crime cases form a significant part of that caseload. The firm handles cases spanning the full range, from misdemeanor charges in municipal courts to first-degree felony matters in district courts, with the same approach: rigorous investigation, disciplined motion practice, and preparation for trial if that is what the case requires.
Client reviews highlight themes that matter in assault cases specifically. Reviewers mention that David Hardaway is accessible when clients have questions or concerns, that he speaks directly about the actual state of a case rather than offering comfortable but misleading reassurances, and that his team pays close attention to the specific details of each individual situation. Jason K., a former client, noted that the firm’s attention to detail and willingness to investigate thoroughly led to a full dismissal rather than a conviction. Those qualities are not abstractions in an assault defense context. They translate into motions to suppress improperly gathered evidence, challenges to the reliability of witness accounts, and courtroom preparation that forces prosecutors to prove what they are claiming rather than rely on unchallenged assumptions.
The firm’s San Marcos office sits close to I-35, which makes it a straightforward drive for clients coming from San Antonio, New Braunfels, and Seguin, all communities that feed into the criminal court system in Bexar and Guadalupe Counties. That geographic reality reflects how the firm’s practice actually works: a Central Texas base with reach that extends north toward Austin and south to San Antonio and the surrounding communities.
After an Assault Arrest in San Antonio: What to Do and What to Avoid
The period between arrest and arraignment is when defendants most commonly hurt their own cases. San Antonio Police Department booking following an assault arrest typically runs through the Bexar County Adult Detention Center on West Commerce Street. Arraignment happens in the Bexar County Justice Center, which houses both the district courts and the county courts at law that handle the misdemeanor docket. Knowing which court your case will be assigned to, and what that court’s practices look like on bond conditions, is one of the first things your attorney should address.
Do not give recorded or written statements to law enforcement without speaking to an attorney first. This holds even if you believe you acted in self-defense. Texas recognizes self-defense and defense of others under Chapter 9 of the Penal Code, but articulating that defense incorrectly in an early statement can undermine it significantly when the case reaches a courtroom. Let your attorney take the lead on how and when your version of events enters the record.
Gather and preserve everything you can from the night of the incident: photographs of any injuries you sustained, text messages or call logs that preceded or followed the alleged assault, names and contact information for witnesses who were present. If there is surveillance footage from the location where the incident occurred, bars, restaurants, and parking lots in San Antonio often have cameras, that footage may only be retained for a short period. Your attorney can send a preservation letter quickly to ensure it is not overwritten.
If a protective order has been issued, comply with every condition without exception. Violating a protective order while an assault case is pending creates a separate criminal charge and dramatically weakens your standing with the court. Bexar County judges take protective order violations seriously, and prosecutors use them to argue that a defendant poses an ongoing risk.
Bond conditions in Bexar County assault cases, particularly those involving domestic violence allegations, frequently include restrictions on contact with the complainant, requirements to surrender firearms, and sometimes GPS monitoring. Violating those conditions has immediate consequences. Your attorney should be involved in the bond hearing to push back on conditions that are more restrictive than the circumstances warrant.
Questions About San Antonio Assault Charges, Answered
What is the difference between assault and aggravated assault in Texas?
Simple assault under Texas law involves intentionally, knowingly, or recklessly causing bodily injury, threatening someone with imminent harm, or making unwanted physical contact. Aggravated assault occurs when the conduct causes serious bodily injury or when the defendant uses or exhibits a deadly weapon during the commission of the assault. The distinction matters enormously for sentencing. Simple assault is typically a misdemeanor, while aggravated assault is a felony, often carrying multi-year prison exposure.
Can an assault charge be reduced or dismissed in Bexar County?
Yes, both outcomes happen regularly depending on the facts. Prosecutors may reduce charges when evidence is weak, when self-defense is plausible, or when witness accounts are inconsistent. Dismissals occur when the state cannot meet its burden, when key evidence is suppressed, or when the complaining witness recants or becomes unavailable. An attorney who knows the Bexar County DA’s office and the specific practices of the court division handling your case can assess how realistic reduction or dismissal actually is for your situation.
What happens if the alleged victim does not want to press charges?
In Texas, the decision to prosecute belongs to the District Attorney’s office, not the complaining witness. Prosecutors can and do proceed with assault cases even when the alleged victim asks them not to. That said, a non-cooperative complaining witness creates real evidentiary problems for the state, particularly in cases where the alleged victim’s testimony is the primary evidence. An attorney can assess how the state plans to prove the case and whether a lack of cooperation materially weakens their position.
Will an assault conviction affect my ability to own a firearm?
A felony assault conviction triggers federal and Texas state prohibitions on firearm possession. A misdemeanor assault conviction involving domestic violence, family violence under Texas law, triggers a federal prohibition as well, regardless of the misdemeanor classification. This consequence catches many defendants off guard because they assume only felonies create firearms restrictions. If you hold a concealed carry license, any assault conviction will result in its revocation.
How does a family violence finding affect my record differently from a standard assault?
Texas courts can enter an “affirmative finding of family violence” in any assault case where the parties have a qualifying relationship, which includes spouses, former spouses, dating partners, co-parents, and household members. This finding has consequences beyond the criminal sentence itself. It bars future expunction of the charge, affects future family court proceedings involving custody, and creates a permanent flag in state records that law enforcement and courts can see. Challenging or avoiding this finding is a priority in any assault case involving those relationships.
Is self-defense a viable defense to assault charges in San Antonio?
Self-defense is one of the most commonly raised and most fact-sensitive defenses in Texas assault cases. Texas law allows a person to use force, including deadly force under certain circumstances, to protect themselves or others from imminent harm. The key question courts and juries evaluate is whether the defendant’s belief that force was necessary was reasonable under the circumstances. The specific sequence of events, any history between the parties, and the proportionality of the response all matter. An attorney should assess whether the facts support a self-defense claim before deciding how centrally to build the defense around it.
Can an assault charge be expunged from my record in Texas?
Whether an assault charge can be expunged depends primarily on the outcome of the case and whether there is a family violence finding. Charges that were dismissed or resulted in an acquittal are generally eligible for expunction. Convictions, including deferred adjudication probation in many situations, are not expungeable. Cases with an affirmative family violence finding are statutorily ineligible for expunction regardless of how they resolved. An attorney can tell you clearly which options apply to your specific record after the case closes.
How long does an assault case typically take to resolve in Bexar County courts?
Timelines vary significantly based on the severity of the charge, the court’s docket, and how the defense strategy unfolds. Misdemeanor assault cases in Bexar County’s county courts at law may move through the system in a few months if resolved by plea. Felony cases in the district courts, particularly those involving contested facts or requiring significant pretrial motion practice, can extend to a year or longer. Cases that proceed to trial take additional time. Early retention of defense counsel allows for active engagement at every stage rather than reactive participation when deadlines arrive.
Can an assault charge affect my immigration status?
Yes, in ways that can be severe. Assault offenses, particularly those classified as crimes of violence, can trigger deportation proceedings, render a non-citizen inadmissible, or result in denial of naturalization. Domestic violence offenses carry specific immigration consequences under federal immigration law. Any non-citizen, including lawful permanent residents, facing assault charges in San Antonio should retain an attorney who understands how a potential plea or conviction will interact with their immigration status before agreeing to any resolution.
What should I do if I have already given a statement to police?
Stop giving statements. The damage from a prior statement can often be managed, but compounding it with additional unrepresented statements rarely helps. An attorney can review what you said, assess how it will likely be used by the prosecution, and develop a strategy that accounts for it. In some situations, a motion to suppress a statement made without proper warnings or under improper circumstances may be viable. The first step is to stop talking to investigators and get defense counsel involved immediately.
Defending Assault Clients from San Antonio to the Surrounding Region
The Law Offices of David C. Hardaway represents assault and violent crime clients throughout San Antonio and across the surrounding South and Central Texas communities. Within San Antonio, we handle cases involving clients from the downtown area and the Pearl District, the South Side and Southtown, the Medical Center corridor, the Stone Oak and North Central neighborhoods, Alamo Heights, Olmos Park, Castle Hills, Converse, Live Oak, and Universal City. We also represent clients from Schertz, Cibolo, and Marion in Guadalupe County, where assault cases sometimes involve coordination between local agencies and Bexar County prosecution. Further east, we handle matters in Seguin, and our coverage extends north through New Braunfels in Comal County and into Hays County communities including San Marcos, Kyle, and Buda. For clients traveling south or southeast of San Antonio toward Pleasanton, Jourdanton, or Floresville, we can discuss representation based on the specific facts and jurisdiction of the case. Our firm’s reach across Bexar, Guadalupe, Comal, and Hays Counties reflects the geography of how assault cases actually arise along the I-35 corridor and its surrounding communities.
Contact a San Antonio Assault Attorney at The Law Offices of David C. Hardaway
An assault charge is not something to wait out and hope resolves itself. The early decisions, including what you say, who you talk to, and how quickly you engage defense counsel, shape the options available to you later. If you are facing assault charges in San Antonio or anywhere in Bexar County, reaching out to a San Antonio assault attorney at The Law Offices of David C. Hardaway is the right next step. We will review your case honestly, explain where you stand, and start building a defense that addresses what actually happened rather than what the arrest report assumed.
Contact our office to schedule a confidential consultation. We serve clients across Bexar County and the surrounding region and are ready to get to work on your case.
