Kendall County Assault Lawyer

Assault charges in Kendall County carry consequences that extend well beyond a courtroom verdict. A conviction can affect employment, housing, professional licensing, immigration status, and family relationships in ways that linger for years. Whether the charge arose from a roadside confrontation near Boerne, a dispute in one of the county’s growing residential communities, or an incident involving a family member, the path forward requires clear thinking and a defense built around the actual facts of your situation. At The Law Offices of David C. Hardaway, we handle Kendall County assault cases with the same disciplined preparation we bring to every serious criminal charge across Central Texas.

Texas assault law covers a broad range of conduct, from an allegation that you threatened someone to charges involving bodily injury or the use of a weapon. The specific charge you face determines the potential punishment range, the procedural posture of your case, and the defense options available to you. A misdemeanor assault allegation handled in Kendall County Court at Law is a very different matter from a felony aggravated assault case that will be tried in the 216th or 451st District Court. Understanding which court has jurisdiction, who is prosecuting the case, and what the evidence actually shows are the starting points for any real defense.

Kendall County has grown rapidly, and with that growth comes increased law enforcement activity and a prosecutorial environment that takes assault allegations seriously. The Boerne Police Department, the Kendall County Sheriff’s Office, and the Texas Department of Public Safety all regularly investigate assault complaints in the area, and the Kendall County District Attorney’s Office actively pursues these cases. Getting an attorney involved early, before charges are formally filed if possible, can make a material difference in how your case develops.

Assault Charges in Texas: What You Are Actually Facing

Texas classifies assault charges across several levels, and the specific facts of your case determine where you land. The offense of assault under Texas law includes intentionally, knowingly, or recklessly causing bodily injury to another person; intentionally or knowingly threatening someone with imminent bodily injury; and intentionally or knowingly making physical contact with someone in a way they would consider provocative or offensive. These are not interchangeable, and the distinction matters significantly for how a case is charged and prosecuted.

Assault causing bodily injury is typically charged as a Class A misdemeanor, which carries the possibility of up to a year in county jail and a fine. However, the charge elevates quickly depending on the circumstances. If the alleged victim is a family member, household member, or dating partner, the offense becomes family violence assault, which carries enhanced consequences and can be charged as a felony if you have a prior family violence conviction. If you are alleged to have used or exhibited a deadly weapon, or if the alleged victim is a public servant or elderly individual, the charge can become aggravated assault, a second-degree felony or higher. These distinctions shape everything about your defense strategy.

• Simple Assault (Class A Misdemeanor): Cases involving allegations of bodily injury without aggravating factors are handled in Kendall County Court at Law, where conviction can result in up to one year in county jail, fines, and probation with conditions that can include anger management classes and no-contact orders.
• Assault by Contact (Class C Misdemeanor): Allegations of offensive or provocative physical contact without injury are treated as Class C misdemeanors and handled in justice of the peace or municipal courts, but even these convictions create a criminal record and can carry family violence findings with lasting consequences.
• Family Violence Assault: When the alleged victim has a domestic relationship with the accused, the charge carries an affirmative finding of family violence that affects firearm rights, future enhancement of charges, immigration status, and child custody proceedings. Prosecutors are often reluctant to dismiss these cases even when the complaining witness recants.
• Aggravated Assault (Second-Degree Felony): Charges involving serious bodily injury or the use or exhibition of a deadly weapon are prosecuted in district court and carry the possibility of significant prison time. These cases require thorough investigation of the circumstances, the nature of any alleged weapon, and the extent of claimed injuries.
• Aggravated Assault on a Public Servant (First-Degree Felony): Assaults alleged to have been committed against police officers, emergency personnel, or other public servants acting in their official capacity are elevated to first-degree felonies, with punishment ranges that reflect the most serious felony classifications under Texas law.
• Continuous Violence Against the Family: A separate offense that applies when the prosecution can show two or more incidents of family violence within a twelve-month period, regardless of whether either incident resulted in a prior conviction. This charge is a third-degree felony and is aggressively pursued in Kendall County and across Central Texas.

What to Do After an Assault Arrest in Kendall County

The decisions made in the hours and days after an arrest or an allegation are often the ones that have the most impact on the outcome of the case. The first and most important step is to say nothing to law enforcement or investigators beyond providing identifying information. Assault cases frequently involve conflicting accounts, and anything you say will be documented, potentially taken out of context, and used against you. This is not because investigators are acting in bad faith; it is simply how the system works. Politely declining to discuss the incident without an attorney present is always the correct position.

If you were arrested, your initial appearance and bond conditions will be set in Kendall County. Depending on the charge, your case will either proceed in Kendall County Court at Law, located in Boerne at the Kendall County Courthouse on San Antonio Street, or in one of the district courts that serve the county. Felony cases are handled by the 216th District Court or the 451st District Court, both of which serve Kendall County. Understanding the court assigned to your case matters because different courts have different prosecutors, different scheduling practices, and different approaches to plea negotiations. An attorney who is familiar with how these courts actually operate has a practical advantage over one who is not.

Gather and preserve evidence immediately. Photographs of any injuries you sustained, text messages or communications that provide context, names and contact information for witnesses, and any video footage from phones, businesses, or home security systems can all be critical. Digital evidence in particular can disappear quickly if it is not preserved. If there is surveillance footage from a nearby business or a Ring camera on the street, that evidence may only be retained for a matter of days. Do not attempt to contact the alleged victim directly or through third parties, even if you believe the situation was a misunderstanding. Contact with the complaining witness before speaking with an attorney can create new legal problems and may violate bond conditions.

One common mistake in assault cases is waiting to see what happens without legal representation. Assault charges, particularly those involving family violence allegations, move through the system with significant prosecutorial momentum. The Kendall County District Attorney’s Office has procedures in place for handling these cases that do not necessarily depend on the cooperation or continued participation of the complaining witness. Having an attorney engaged early means your side of the story is documented, mitigating evidence is gathered, and your attorney can communicate with prosecutors before charging decisions are finalized.

How Defense Attorneys Actually Work Assault Cases in Kendall County

The defense of an assault charge is not a single event. It is a process that begins with an independent investigation of what the evidence actually shows and what the prosecution’s witnesses will say. In many assault cases, particularly those involving allegations between people who know each other, the facts are contested, the alleged victim’s account has inconsistencies, or there is evidence of self-defense or defense of others that the initial police report does not adequately capture. Identifying those issues early shapes the entire trajectory of the case.

Self-defense is one of the most frequently raised defenses in assault cases in Texas, and for good reason. Texas law recognizes the right to use force to protect yourself or others when you reasonably believe that force is immediately necessary. Whether that defense is viable depends on the specific facts: who initiated the confrontation, what the relative positions and actions of the parties were, and whether the force used was proportionate to the threat perceived. An assault attorney in Kendall County working through that analysis will look at witness statements, medical records, photographs, and any video evidence to reconstruct what actually happened.

Beyond the facts of the incident itself, effective defense work in assault cases involves scrutinizing the investigation and the charges. Were statements taken properly? Was there probable cause for the arrest? Are the charged offenses consistent with what the evidence actually supports, or has the prosecution overcharged the case? Pretrial motions challenging improperly obtained evidence or legally deficient charging instruments can reshape a case significantly, sometimes before it ever reaches a jury. In family violence cases, a careful review of the history between the parties, the circumstances that led to the call, and the complaining witness’s own subsequent statements and behavior can all be relevant to how the defense is built.

Questions Kendall County Assault Clients Actually Ask

Can an assault charge be dismissed if the alleged victim doesn’t want to press charges?

Not automatically. In Texas, particularly in family violence cases, the decision to prosecute belongs to the District Attorney’s Office, not the complaining witness. Prosecutors routinely proceed with assault cases over the objection or non-cooperation of the alleged victim. That said, a victim’s recantation or refusal to cooperate is a factor that can affect the strength of the prosecution’s case and influence how it is resolved. An attorney can help you understand what the realistic outcomes are given the specific posture of your case.

What is the difference between assault and aggravated assault under Texas law?

The distinction turns on two main factors: the severity of the injury alleged, and whether a deadly weapon was involved. Assault becomes aggravated assault when the conduct causes serious bodily injury, defined as injury that creates a substantial risk of death or causes death, permanent disfigurement, or protracted loss or impairment of a body part or organ. It also becomes aggravated assault when a deadly weapon, which can include objects well beyond conventional firearms, is used or exhibited during the assault. The difference in punishment range between these two categories is substantial.

Will a misdemeanor assault conviction affect my right to own a firearm?

A misdemeanor assault conviction with a family violence finding can result in the loss of your federal right to possess firearms under federal law. This is one of the most significant collateral consequences of a family violence conviction, and it applies regardless of whether the conviction is a misdemeanor or felony under state law. This makes the family violence enhancement worth fighting vigorously, and it is one reason why how a case is resolved, including whether a plea agreement includes or avoids a family violence finding, matters enormously.

How long does an assault case typically take to resolve in Kendall County?

Timelines vary based on the severity of the charge, the court’s docket, and how contested the case is. Misdemeanor cases in county court may resolve within a few months, while felony cases in district court can take considerably longer, sometimes a year or more, particularly if the case goes to trial. Cases that go to trial take longer than those that are resolved through negotiation, but trial is sometimes the correct decision depending on the facts and the evidence. Your attorney should give you a realistic assessment of the likely timeline in your specific court based on current docket conditions.

Can I get an assault charge expunged from my record in Texas?

Expunction in Texas is available for arrests that did not result in a conviction under certain circumstances, including cases that were dismissed or acquitted at trial. If you were convicted of an assault offense, expunction is generally not available for that conviction, though deferred adjudication dispositions may be eligible for an order of nondisclosure under some circumstances. The specific eligibility requirements depend on the offense level and the disposition of the case. This is one of the reasons why how a case is resolved, not just whether it avoids incarceration, matters so much for your long-term record.

What happens if there is a no-contact order in place and the other person contacts me first?

A no-contact order prohibits you from contacting the protected person. If the protected person initiates contact with you, that does not give you permission to respond. Courts have consistently held that both parties initiating contact does not excuse a violation by the person subject to the order. The safest course is to have no contact whatsoever until the order is modified or lifted by a court. Violations of no-contact orders can result in new criminal charges and can significantly damage your position in the underlying assault case.

Does a prior assault conviction from another state affect how I am charged in Kendall County?

Yes. Texas law allows prior convictions from other states to be used for enhancement purposes when those offenses are substantially similar to Texas offenses. A prior family violence conviction from another state, for example, can be used to elevate what would otherwise be a Class A misdemeanor assault to a felony charge. This is a fact-specific legal analysis that requires careful examination of the prior offense, the charging instrument, and the statutory elements of the out-of-state offense compared to the Texas equivalent.

What role does video evidence play in assault cases in Kendall County?

Video evidence has become increasingly central in assault cases. Body camera footage from law enforcement, surveillance video from businesses along Boerne’s Main Street or in surrounding commercial areas, residential doorbell cameras, and phone recordings can all be decisive in establishing what actually occurred. This evidence can support the defense by contradicting the complaining witness’s account, showing the accused acting in self-defense, or revealing that the incident was less serious than alleged. Equally, it can present challenges if it shows conduct that conflicts with your account. Either way, identifying and preserving video evidence quickly is a priority in any assault defense.

Can an assault charge affect a pending immigration case or visa status?

Assault convictions can have serious immigration consequences depending on the nature of the offense and the individual’s immigration status. Certain assault offenses may be classified as crimes involving moral turpitude or, in more serious cases, aggravated felonies under federal immigration law, which can trigger deportation proceedings, bar adjustment of status, or affect naturalization eligibility. Anyone with a pending immigration matter or a non-citizen status should ensure their criminal defense attorney understands the potential immigration implications before any plea or resolution is agreed to.

Is it possible to resolve an assault charge without going to trial?

Many assault cases are resolved through negotiated dispositions, including reductions to lesser offenses, deferred adjudication probation, or outright dismissals when the evidence supports that outcome. Whether a negotiated resolution is appropriate depends entirely on the specific facts, the strength of the prosecution’s evidence, the complaining witness’s position, and the goals of the person charged. Some cases are better taken to trial. The decision requires an honest assessment of the evidence and a clear-eyed view of the realistic outcomes in both scenarios. Rushing toward a plea without fully understanding the options is one of the more consequential mistakes a person can make.

Representing Assault Clients Across Kendall County and Surrounding Communities

The Law Offices of David C. Hardaway represents clients facing assault charges throughout Kendall County and the broader Hill Country region. In Kendall County, this includes Boerne, Comfort, Waring, Welfare, and the growing communities along US-87 and Interstate 10 that have expanded rapidly as the county’s population has increased. Our work extends south into Bexar County and east into Comal County, where New Braunfels and Canyon Lake residents frequently face charges that may originate in or involve Kendall County. North of Boerne, we handle matters in Kerr County, including Kerrville and Ingram, and we regularly represent clients from Gillespie County, including Fredericksburg, where our firm maintains an office. West along the I-10 corridor, we serve clients from Comfort through to communities approaching the Edwards Plateau. Guadalupe County clients in Seguin and the surrounding area are also part of our regular practice, as are clients from Medina County, Bandera County, and Real County who find themselves navigating the Hill Country court system. For clients coming from the Austin metro, our central location in San Marcos, just off I-35 in downtown, makes us accessible to those dealing with charges across Hays, Comal, and Guadalupe Counties while also handling cases in Kendall County courts. Whatever community you are coming from in this region, our team has experience with the courts, the prosecutors, and the procedural realities that will shape your case.

Speak With a Kendall County Assault Attorney Before Your Case Gets Away From You

Assault charges do not resolve themselves favorably through delay, and the early stages of a criminal case are often when the most important decisions are made. Whether you are under investigation, have already been arrested, or are waiting to see if charges will be filed, speaking with a Kendall County assault attorney now gives you the information you need to make sound decisions. The Law Offices of David C. Hardaway has built a reputation across Central Texas for direct communication, thorough case preparation, and the kind of representation that actually makes a difference. Clients like Jason K., whose case was dismissed rather than settled for a conviction, and Edward G., whose complex case was resolved in his favor, reflect what focused, detail-driven defense can accomplish. Call our office to schedule a confidential consultation with a Kendall County assault attorney and start getting real answers about your situation.