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San Antonio Assault Lawyers

Expert Legal Representation for Assault Charges

Assault can arise from several scenarios. In some cases, a person may be provoked and then respond after continuing abuse. Other cases may have begun as a verbal fight and escalated to violent threats. No matter the circumstances, an assault charge is a serious crime.

Texas law is not kind to those convicted of assault. An assault charge is a severe offense accompanied by heavy penalties. Those convicted of assault may be required to pay steep fines, serve a lengthy prison term, and have their criminal record tarnished.

If you or someone you know has been charged with assault, it is essential to obtain trusted legal representation. At Flanary Law Firm, PLLC, we are passionate about criminal defense. Our team is determined to uncover all legal measures and options for our clients. Our job is to obtain the best possible results for your case; we may achieve this through extensive resources and our decades of experience in Texas criminal courts. 

Arrange for a free initial consultation with a San Antonio assault attorney today. Contact Flanary Law Firm, PLLC at (210) 899-7566 or via our online submission form.

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Ready to take action? Reach out to us today and let's start working towards your legal goals together. Whether you have questions about your case, need immediate assistance, or want to schedule a consultation, our experienced team is here to help.

Elements of Assault in Texas

An alleged offender can be convicted of assault without serious injury to the victim. A threat of imminent violence or injury is enough to have criminal charges filed. 

Under Texas Penal Code § 22.01, an alleged offender commits the offense of assault if they do any of the following:

  • Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
  • Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
  • Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the act as offensive or provocative.

The term “bodily injury” may seem vague. Texas Penal Code § 1.07 (8) defines bodily injury as any physical pain, illness, or impairment of physical condition.

What Are the Penalties for Assault Charges in San Antonio?

The penalties for assault charges depend on the victim of the crime. If you are convicted of assault without any aggravating factors, you will face a Class A misdemeanor punishable by up to 12 months in jail and a fine of up to $4,000.

An assault charge can be elevated based on specific details of the crime. 

The crime is a Class B misdemeanor if you are not a sports participant and commit assault against a person whom you know to be a sports participant while:

  • The sports participant is performing duties or responsibilities in the participant’s capacity or
  • In retaliation for or on account of the participant’s performance within the participant’s capacity.

A Class B misdemeanor is punishable by up to 180 days in jail and a possible $2,000 fine.

The crime of assault becomes a third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000 if you commit assault against any of the following people: 

A family member, household member, or person with whom you had a dating relationship and either:

  • You were previously convicted of a domestic violence offense or
  • You intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the blood of the alleged victim. This is done by applying pressure to the person’s throat or neck or blocking the person’s nose or mouth.
  • You assaulted a public servant lawfully discharging an official duty, or the alleged assault was in retaliation. This includes if the alleged assault was due to an exercise of official power or performance of an official duty as a public servant.
  • You assaulted a government contractor performing a service within the scope of the contract. This includes if the alleged assault was in retaliation for or on account of a government contractor performing a service within the scope of the contract.
  • You assaulted an emergency service personnel while they were providing emergency services.
  • You assaulted a security officer performing their duties

Texas law states that a person may have their assault charges enhanced to a second-degree felony for the following:

  • Committing the offense of assault against a family or household member; and
  • Ypi was previously convicted of either indecency with a child, kidnapping, or aggravated kidnapping, and
  • The alleged assault is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood. This is done by applying pressure to the person’s throat or neck or blocking the person’s mouth.

A second-degree felony can result in up to 20 years in prison and a possible $10,000 fine.

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Why Choose Flanary Law Firm, PLLC?

  • Constant Communication
    At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
  • A History of Results
    With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
  • Experience You Can Count On
    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
  • Advice on Your Timeline
    We understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
  • Free Initial Consultations
    We understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
  • Personalized Legal Defense Strategies
    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

Civil vs. Criminal Assault Charges

Assault charges can be classified as either civil or criminal, each with distinct proceedings and consequences.

Civil Assault

In civil court, the victim of an assault can file a lawsuit seeking financial compensation for damages, including medical expenses, lost wages, and pain and suffering. The standard of proof in civil cases is a "preponderance of the evidence," meaning that it's more likely than not that the assault occurred.

Criminal Assault

In criminal court, the state prosecutes the accused to impose penalties such as fines, probation, or imprisonment. The burden of proof is much higher, requiring evidence "beyond a reasonable doubt." Criminal convictions can lead to severe consequences, including mental health treatment mandates and restraining orders.

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