Central Texas Assault Lawyer

Assault charges in Texas carry more weight than most people realize until they are already sitting across from a prosecutor. What looks like a minor altercation to one person can become a felony allegation depending on how the incident is characterized, who was involved, and what the responding officers wrote in their reports. A Central Texas assault lawyer who understands how these cases are built, and where they can be taken apart, can make the difference between a conviction that follows you for decades and a result that gives you a real path forward.

Texas assault law is broad. It covers not just physical contact that causes injury, but also threats and even non-injurious contact that the other person found offensive. That breadth means prosecutors have significant discretion in how they charge these cases, and that discretion cuts both ways. When the facts are on your side, and they often are in ways that are not immediately obvious, there is real room to push back. The question is whether the defense is built early enough and thoroughly enough to take advantage of that room.

The Law Offices of David C. Hardaway has defended clients against assault charges across Hays, Comal, Guadalupe, Caldwell, and a number of other Central Texas counties. Whether the charge stems from a bar fight on the Square in San Marcos, a domestic dispute in Kyle, or an altercation near Texas State University, the approach here is the same: examine every detail, challenge every assumption in the prosecution’s case, and develop a strategy built on what the evidence actually shows.

What Texas Assault Charges Actually Look Like in Practice

Most people picture assault as a physical fight, but the statute covers a wider range of conduct. Under Texas law, a person can be charged with assault for intentionally, knowingly, or recklessly causing bodily injury to another person; for threatening someone with imminent bodily injury; or for making physical contact that the other person found provocative or offensive. Each of these situations carries its own charging dynamics, and where a case lands on the misdemeanor-to-felony spectrum depends heavily on the surrounding facts.

• Simple Assault (Class A or B Misdemeanor): Threats without physical contact are often charged at the Class C level, while contact causing bodily injury can elevate to a Class A misdemeanor, which is the most serious misdemeanor category under Texas law and carries potential jail time and fines.
• Assault Causing Bodily Injury – Family Member: When the alleged victim is a family member, household member, or dating partner, the charge becomes assault family violence, which triggers enhanced consequences including firearm prohibitions, no-drop prosecution policies common in Hays County, and collateral effects on custody matters.
• Aggravated Assault: Using or displaying a deadly weapon during an assault, or causing serious bodily injury, converts a charge to aggravated assault, a second-degree felony in most cases. When the victim is a public servant, the charge can reach first-degree felony status, carrying the possibility of life in prison.
• Assault on a Public Servant: Contact with a police officer, firefighter, EMT, or other public servant in the lawful discharge of their duties elevates charges significantly under Texas law, making the initial moments of any police encounter critically important to how the case develops.
• Strangulation and Impeding Breath: Assault that involves impeding the breath or circulation of a family or household member is charged as a third-degree felony regardless of whether visible injury occurred, a fact that surprises many people who assumed the charge would be treated as a misdemeanor.
• Assault with a Deadly Weapon: Texas courts have interpreted “deadly weapon” broadly to include not just firearms and knives but vehicles, household objects, and in some cases even body parts depending on how they were used and the circumstances of the alleged contact.
• Campus and Bar District Charges: San Marcos has a large student population and an active entertainment district. Incidents near Texas State University or along the LBJ Drive corridor frequently generate assault charges, sometimes based on witness accounts that are inconsistent, incomplete, or simply wrong.

Why David Hardaway’s Firm Handles These Cases Differently

Assault cases are not won by generic defenses. They are won by lawyers who invest the time to understand what actually happened, what the witnesses actually saw, what the physical evidence actually shows, and where the prosecution’s theory breaks down under examination. Client reviews of David Hardaway’s representation consistently highlight the same themes: he is accessible when clients have questions, he explains the process clearly without oversimplifying, and he works cases through to the outcome his clients were hoping for, not just the path of least resistance.

The firm defends clients across felony and misdemeanor assault cases throughout Central Texas, and that breadth of experience across different courts and different county prosecutors matters. Hays County’s 22nd and 274th District Courts handle felony assault cases, and the county court at law handles Class A assault charges. Familiarity with how each court operates, how prosecutors in each jurisdiction approach assault family violence cases specifically, and what judges in these courts respond to in motion practice gives the defense a concrete tactical advantage that a less familiar attorney simply does not have. The firm also serves clients in Comal County courts in New Braunfels, Guadalupe County in Seguin, and Caldwell County in Lockhart, among others across the region.

How Assault Cases Actually Develop and Where They Can Be Won

Assault charges often begin with a 911 call and a police report, and that starting point shapes everything that follows. Officers responding to an alleged assault write reports that reflect what they observed and what they were told, but those accounts are frequently incomplete, filtered through assumptions, or flatly inconsistent with what the physical evidence and disinterested witnesses actually support. Early and thorough investigation, before evidence disappears and memories shift, is one of the most valuable things a defense attorney can do in these cases.

The alleged victim’s account is central to most assault prosecutions, but it is also one of the most contestable pieces of evidence. Witnesses in assault cases, including the complaining party, are often emotionally charged at the time they give their initial statements. That emotional state can produce exaggerations, mischaracterizations, and flat errors that only become apparent when the statement is compared against security footage, medical records, or what other witnesses actually saw. In domestic assault cases particularly, the complaining party sometimes has reasons, financial, personal, or otherwise, to reconsider or reframe what they initially told police. Texas law allows prosecutors to proceed even when the complaining witness no longer wishes to do so, but the credibility dynamics of a reluctant or recanting witness are something a prepared defense attorney knows how to develop at trial.

Self-defense is a legitimate and frequently applicable defense in Texas assault cases, and it is one that requires early development to be effective. Texas law recognizes a person’s right to use force against another when force is immediately necessary to protect against another’s use of unlawful force. The law does not require that the defender wait to be struck first. Whether that defense is available and how strong it is depends on the specific sequence of events, and reconstructing that sequence accurately is foundational work that a Central Texas assault attorney should begin immediately after engagement.

Evidentiary challenges are also significant in assault cases. Was the 911 call recording preserved? Was surveillance footage from nearby businesses obtained before it was overwritten? Were photographs taken of any injuries, and who took them and when? In cases involving alleged weapons, was the item actually tested or examined? These are not abstract procedural questions; they are the specific points at which the prosecution’s case can be weakened or dismantled.

If You Have Been Charged With Assault in Central Texas: What to Do Now

The period immediately following an arrest or charge is the most consequential, and most people do not realize how many decisions made in those early hours affect what the case looks like months later. If you were arrested, a bond was likely set through the magistration process in Hays County or whichever county has jurisdiction. Your first priority after release is to contact a defense attorney before any further communication with police, prosecutors, or the alleged victim.

Do not contact the complaining party under any circumstances, even to explain your side or to apologize. In domestic assault cases, a magistrate’s order typically prohibits this contact automatically upon arrest, and violating it is a separate criminal offense that compounds your situation significantly. Even in non-domestic cases, any attempt to reach the alleged victim can be characterized as witness tampering or intimidation, regardless of your intent.

Gather and preserve any evidence that might support your account: text messages, voicemails, social media communications, security footage from your own property, or names and contact information for anyone who witnessed the incident or its aftermath. Do this before evidence is lost, deleted, or becomes unavailable. Courts that handle these cases in Central Texas include the Hays County Courts at Law for misdemeanor charges and the 22nd or 274th District Courts in San Marcos for felony-level cases. If your case is in Comal County, it will be heard in New Braunfels. Guadalupe County cases are handled in Seguin. Knowing which court and which prosecutors are handling your case matters from the moment representation begins.

One common mistake is assuming that a charge will be resolved quickly or that the prosecution will see reason without a formal defense being mounted. Texas prosecutors, particularly in assault family violence cases, operate under policies that make dismissal difficult absent affirmative defense work. Filing the right motions, raising the right challenges, and presenting the prosecution with a complete picture of the facts is not optional. It is the work that produces better outcomes.

Questions About Assault Charges in Central Texas

What is the difference between assault and aggravated assault in Texas?

Simple assault under Texas law involves causing bodily injury, threatening imminent harm, or making offensive physical contact. Aggravated assault requires either serious bodily injury or the use or exhibition of a deadly weapon during the commission of the assault. The distinction matters enormously for sentencing: simple assault can be a misdemeanor, while aggravated assault is a felony that carries the possibility of significant prison time.

Can an assault charge be expunged from my record in Texas?

Expungement in Texas is available in limited circumstances, including cases that result in acquittal, certain dismissals, or situations where you are no longer eligible to be prosecuted. Convictions, including deferred adjudication in most cases, cannot be expunged. An assault conviction, even a misdemeanor, can appear on background checks for employment, housing, and professional licensing, which is why the outcome of the original case is so important to protect.

What happens if the alleged victim does not want to press charges?

In Texas, particularly in assault family violence cases, the decision to prosecute belongs to the state, not to the complaining witness. A victim who tells police she does not want to proceed does not automatically end the case. Prosecutors can and frequently do continue forward based on the initial police report, body camera footage, and other evidence. That said, a reluctant or recanting complaining witness is a meaningful development in the defense of a case, and an experienced attorney knows how to work with that dynamic effectively within the rules.

Will an assault charge affect my ability to own or carry a firearm?

A conviction for assault family violence has specific federal consequences for firearm ownership. Under federal law, a person convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms or ammunition. This is true even for Class A misdemeanor convictions, not just felonies. Anyone facing an assault family violence charge in Texas needs to understand this collateral consequence before accepting any plea that involves a conviction, including deferred adjudication that later results in a discharge.

How does a protective order affect my assault case?

A magistrate’s order of emergency protection is often issued automatically at the time of arrest in domestic assault cases. A longer-term protective order may be sought through civil proceedings while the criminal case is pending. These orders restrict where you can go, who you can contact, and in some cases where you can live. Violating them creates new criminal exposure entirely separate from the underlying assault charge. The existence of a protective order also affects negotiations in the criminal case and can complicate family law proceedings running concurrently.

What if the other person started the fight but I am the one who got charged?

This is more common than most people expect. When police respond to a disturbance, they are making quick decisions about who to arrest based on limited information, visible injuries, and whoever is doing most of the talking. The person who defended themselves may end up in handcuffs while the actual aggressor does not. Texas self-defense law is relevant here, and so is the work of reconstructing the actual sequence of events through witness accounts, video, and physical evidence. Being the person who got charged does not determine who was actually at fault.

Can assault charges be reduced or dismissed in Hays County?

Yes, but it requires affirmative defense work, not passive waiting. Reductions and dismissals in Hays County assault cases typically come through a combination of evidentiary challenges, credibility issues with the complaining witness, constitutional motions, or plea negotiations built on a fully developed defense position. Cases that are taken seriously from the beginning, with a thorough investigation and strategic motion practice, are in a much better position than cases where the defendant simply waits to see what happens.

Does it matter that I do not have a prior criminal record?

A clean record is a meaningful mitigating factor in any assault case, particularly at the charging and plea negotiation stages. It affects how prosecutors view the case and what types of resolutions may be available. For first-time offenders facing misdemeanor assault charges, options like deferred adjudication may be on the table. However, a clean record is not a substitute for defense work; it is a factor that a prepared attorney can use as part of a broader strategy.

What role does video evidence play in Central Texas assault cases?

Video evidence has become central to many assault prosecutions and defenses in Central Texas. Body camera footage from responding officers, security camera footage from nearby businesses on the San Marcos Square or along a commercial corridor, and phone video taken by bystanders can all be decisive. Video evidence can either confirm or directly contradict the official account of events, and obtaining it quickly, before it is overwritten or lost, is often one of the first tasks in building a defense.

Can an assault charge affect my immigration status?

Assault convictions can have serious immigration consequences for non-citizens, including lawful permanent residents. Crimes of violence and crimes involving domestic violence are categories that can trigger deportability or bar admission under federal immigration law. The specific immigration consequences depend on the charge, the conviction, and individual immigration history, but this is a critical area that any non-citizen facing assault charges in Texas needs to raise with defense counsel immediately.

Assault Defense Representation Across Central Texas

The Law Offices of David C. Hardaway represents clients facing assault charges throughout the Central Texas region, including San Marcos, Kyle, Buda, and communities throughout Hays County. The firm also defends clients in New Braunfels and Canyon Lake in Comal County, Seguin, Schertz, and Cibolo in Guadalupe County, and Lockhart and other communities in Caldwell County. To the north, the firm serves clients in Austin, Round Rock, and the surrounding Williamson County communities. East and southeast of the I-35 corridor, representation extends to Bastrop, Smithville, and communities in Bastrop County. The firm’s offices in Fredericksburg and Brenham mean that clients in Gillespie County, Washington County, and the Hill Country towns of Kerrville, Llano, and the Highland Lakes area also have access to this same level of defense. Whether the charge arose from an incident on a university campus, a residential neighborhood, a roadway, or anywhere else in this region, the firm is positioned to handle it.

Talk to a Central Texas Assault Attorney About Your Case

An assault charge in Texas does not have to define your future, but it does require a serious and informed response from the moment it is filed. The Law Offices of David C. Hardaway provides direct communication, thorough case preparation, and representation in court systems across the region, from Hays County to the Hill Country and beyond. If you are looking for a Central Texas assault attorney who will engage seriously with the facts of your case, explain your options without varnish, and build a defense that is specific to what actually happened, contact this office to schedule a confidential consultation. The sooner that conversation happens, the more the defense can do.