The Woodlands, Texas Assault and Domestic Violence Defense Lawyers

Skilled Attorneys Defending People Accused of Assault and Domestic Violence in The Woodlands

Accusations of assault are serious. A conviction of this offense can carry serious jail time, and in some cases, it can even be prosecuted as a felony punishable by years in prison. If you are accused of committing assault against a family member, you may face enhanced penalties. To protect your rights, consider working with an assault defense lawyer in The Woodlands, Texas.

At Barbieri Law Firm, our criminal defense lawyers have a reputation for providing communicative, knowledgeable counsel and strong representation in misdemeanor and felony cases. This trust from clients is reflected in our professional reputation, as we have received more than 275 5-star reviews over the years.

Understanding Assault Charges in Texas

In Texas, "assault" is broader than most people expect. A person can be charged if the state alleges he intentionally, knowingly, or recklessly caused bodily injury to someone else. Assault can also be based on a threat of imminent bodily injury, or on physical contact that the other person would reasonably view as offensive or provocative.

Many assault cases are misdemeanors, but the label does not make them minor. Threat-based assault and offensive-contact assault are often charged as Class C misdemeanors, which are punishable by a fine of up to $500. Assault causing bodily injury is commonly charged as a Class A misdemeanor, which can carry up to one year in jail and a fine of up to $4,000.

Assault charges can escalate when the accusation involves serious bodily injury or a deadly weapon. Under Texas law, aggravated assault generally means an assault that caused serious bodily injury or involved the use or exhibition of a deadly weapon. Aggravated assault is typically treated as a felony-level charge, with punishment that can include years in prison and substantial fines.

How Is Domestic Violence Prosecuted in Texas?

Texas prosecutors often treat assault allegations involving a family member, household member, or dating partner as "family violence" cases, and that designation can follow a person long after the case ends. In many situations, the underlying assault charge and penalty range look similar to a non-family case, but repeat allegations or certain fact patterns can elevate the case to a felony.

For example, assault causing bodily injury can be charged as a Class A misdemeanor, but a prior conviction involving family violence can enhance a new family-violence assault to a third-degree felony, which is punishable by two to 10 years in prison. Allegations involving choking, strangulation, or blocking breathing or circulation are especially serious. Even without a prior conviction, an assault accusation based on impeding breathing or blood flow can be filed as a felony, and in certain repeat-offense scenarios, it can be enhanced further.

Texas also has a specific offense called continuous violence against the family. This charge can apply when the state alleges two or more assaults causing bodily injury against a qualifying family, household, or dating partner within a 12-month period, and the offense is treated as a third-degree felony.

Defenses Against Allegations of Assault

Assault cases often come down to what the state can prove, and whether its evidence holds up under scrutiny. A defense may focus on gaps in the prosecution's case, such as inconsistent statements, lack of reliable witnesses, unclear video footage, or medical records that do not match the version of events in the police report. In some situations, the state cannot prove who started the altercation or cannot prove the required mental state beyond a reasonable doubt.

Self-defense and defense of others may apply when a person used reasonable force to stop an imminent threat. These cases can involve fast-moving arguments, confusion, and partial accounts from people who were upset or intoxicated. A defense may also challenge whether the allegation describes an actual threat of imminent harm, whether the contact was accidental, or whether the conduct meets the legal definition of "bodily injury" under Texas law.

Credibility is often a major issue. Some accusations arise during breakups, custody disputes, or conflicts over housing or money. A defense strategy can address possible motives to exaggerate or misrepresent what happened, and can use texts, call logs, location data, and other records to establish a clearer timeline.

Contact an Assault Defense Lawyer in The Woodlands, TX

An assault or domestic violence accusation can put your freedom, your record, your job, and your family relationships at risk. At Barbieri Law Firm, we take a practical, detail-driven approach to building your defense, from early investigation through negotiation and trial preparation when needed. Call 972-424-1902 or contact our The Woodlands, TX assault defense lawyers to schedule a free consultation.