Facing an assault or domestic violence charge in Texas can be overwhelming, stressful, and deeply confusing. These cases move quickly, and the consequences are severe: even a first accusation can lead to jail time, fines, protective orders, and a permanent criminal record. Because Texas law treats these cases aggressively, the steps you take in the early days of the case can make a significant difference in the outcome.
A strong legal defense starts with understanding what you are charged with, what the state must prove, and what strategies may protect your rights and your future.
Understanding Assault and Domestic Violence Charges in Texas
Texas law defines assault broadly. A person can be charged with assault for intentionally, knowingly, or recklessly causing bodily injury, threatening someone with harm, or even making physical contact that is considered offensive. When the alleged victim is a spouse, dating partner, household member, or family member, prosecutors typically treat the case as domestic violence, which carries enhanced penalties.
Even a Class A misdemeanor assault can lead to up to one year in jail. Felony domestic violence charges, including cases involving bodily injury, choking, or a prior domestic violence conviction, carry far more serious consequences. Because of these risks, it is critical to act quickly and begin building a defense right away.
Step One: Know Your Rights
If you are arrested or questioned, you still have constitutional rights. Understanding and using them protects your case from the very beginning.
- You have the right to remain silent.
- You have the right to request an attorney.
- You do not have to give statements to the police without legal representation.
- You do not have to consent to searches of your phone, home, or vehicle.
Invoking your rights is not an admission of guilt. It is your best protection.
Step Two: Preserve All Evidence
Evidence is the foundation of a strong defense. Many assault and domestic violence cases depend heavily on witness statements, text messages, injuries, and the immediate circumstances surrounding the accusation.
Preserve anything that may help our attorneys, including:
- Photos or videos from the day of the incident.
- Text messages, emails, and social media messages.
- Names of witnesses.
- Medical records showing injuries or lack of injuries.
- Any history of false accusations or aggressive behavior by the accuser.
The earlier this information is collected, the stronger your defense can be.
Step Three: Understand the Role of Protective Orders
In Texas, the state may request a protective order as soon as charges are filed. Violating a protective order can lead to additional criminal charges, even if the alleged victim initiates contact. It is critical to understand the rules and restrictions of the order, follow them closely, and work with your attorney to modify or challenge the order when appropriate.
Common Defenses to Assault and Domestic Violence Charges
Every case is unique, but several defenses may apply depending on the facts of your case.
They include:
- Self Defense
Texas law allows you to defend yourself if you reasonably believe you are in danger of harm. This defense often applies when both parties are involved in a physical confrontation.
- Lack of Evidence
Prosecutors must prove the case beyond a reasonable doubt. If the evidence is inconsistent, incomplete, or unreliable, the charges may be dismissed or reduced.
- False Accusations
Domestic violence cases sometimes involve exaggerated or fabricated claims made during breakups, custody disputes, or heated arguments. Evidence showing inconsistencies or motives can be vital.
- Accident
If the injury resulted from an accident rather than intentional or reckless conduct, the legal definition of assault may not be met.
- Mutual Combat
When both parties willingly participated in the confrontation, this may undermine the state’s case.
Why Having a Texas Criminal Defense Attorney Matters
Assault and domestic violence charges are some of the most aggressively prosecuted crimes in Texas. Even if the accuser wants to drop the case, the state can still move forward.
Our defense attorneys can:
- Review the evidence and identify weaknesses in the state’s case.
- Protect you from self-incriminating statements.
- Challenge unlawful searches or interrogations.
- Negotiate for reduced charges or dismissal.
- Present a strong defense at trial if necessary.
Having legal guidance early in the process often leads to better outcomes.
Speak With Our Texas Assault Defense Lawyers Today
If you are facing an assault or domestic violence charge in Texas, do not try to navigate the system alone. Peek Law Group can review your case, explain your options, and build a defense strategy tailored to your situation. Call 512-746-7336 or fill out our online form to get the help you need and protect your future.
