A Georgetown assault lawyer defends people charged with assault in Williamson County. Under Texas Penal Code § 22.01, assault ranges from a Class C misdemeanor threat to a first-degree felony, and a family-violence finding can cost you your firearm rights and immigration status.
At the Law Office of Jorge Vela, a former state and federal prosecutor who once prosecuted violent felonies now builds the defense, in English or Spanish. Call (512) 537-1237 for a free, confidential consultation. Available 24/7.
What Is Assault Under Texas Law?
Texas Penal Code § 22.01 defines assault as one of three acts: intentionally, knowingly, or recklessly causing bodily injury to another person; intentionally or knowingly threatening someone with imminent bodily injury; or intentionally or knowingly making physical contact the other person will find offensive or provocative.
Does Texas Have a Separate Battery Charge?
No. Texas combines what other states split into assault (threat) and battery (physical contact) into a single offense under § 22.01. A threat, unwanted contact, and bodily injury all fall under the same statute and are charged as assault.
Is Assault a Felony or a Misdemeanor in Texas?
It can be either. The classification depends on what happened and how serious the injury was. The charge types and penalty ranges are broken down in the sections below.
Why Trust the Law Office of Jorge Vela as Your Assault Lawyer in Georgetown & Williamson County
Jorge Vela spent seven years prosecuting criminal cases before opening a defense practice in 2018. He tried aggravated assault, aggravated robbery, and aggravated kidnapping cases as an Assistant District Attorney, then joined the U.S. Department of Justice as an Assistant United States Attorney in the Southern District of Texas, where he prosecuted large-scale drug trafficking organizations.
He knows how the state builds an assault case in Williamson County because he built them himself.
As your assault attorney in Georgetown, the firm practices in these courts regularly and maintains familiarity with the Williamson County prosecutors and judges who handle assault cases. Jorge is a native Spanish speaker who provides bilingual representation across Williamson County, and the firm is available 24/7 at (512) 537-1237.
Why Hire a Former Prosecutor for an Assault Charge in Williamson County?
A former prosecutor has seen the state’s playbook from the inside. Jorge knows what evidence Williamson County prosecutors prioritize in assault cases and where their cases have room to negotiate. The defense starts targeting the weakest points in the state’s case at the first meeting.
Types of Assault Charges in Texas
The charge level depends on what happened and who the alleged victim is. These are the most common assault charges filed in Williamson County:
- Simple assault / assault causing bodily injury ( 22.01): Causing physical pain or impairment to another person. Class A misdemeanor.
- Assault by threat or offensive contact: Threatening imminent harm or making provocative physical contact. Class C misdemeanor.
- Assault family violence: Assault against a family or household member as defined by Texas Family Code § 71.004. Class A misdemeanor on a first offense; third-degree felony with a prior family violence conviction.
- Assault on a public servant or peace officer: Third-degree felony when the victim was performing official duties at the time.
- Aggravated assault ( 22.02): Causing serious bodily injury or using a deadly weapon during the assault. Second-degree felony, elevated to first-degree when the victim is a public servant, intimate partner, witness, or informant.
- Assault by strangulation: Impeding breath or blood circulation during an assault. Third-degree felony under a separate enhancement.
Assault Penalties in Texas
Penalties range from a fine to life in prison. The classification of the charge determines the sentencing range:
Classification | Jail/Prison Range | Maximum Fine |
Class C Misdemeanor | No jail | $500 |
Class A Misdemeanor | Up to 1 year (county jail) | $4,000 |
Third-Degree Felony | 2–10 years (state prison) | $10,000 |
Second-Degree Felony | 2–20 years | $10,000 |
First-Degree Felony | 5–99 years or life | $10,000 |
The criminal sentence is only part of the cost. A conviction creates a permanent record visible to employers and landlords and can disqualify you from professional licensing. Felony convictions also cost you your firearm rights and voting rights during incarceration.
Assault Family Violence and Its Hidden Consequences
An assault against a family or household member under Texas Family Code § 71.004 can carry consequences far beyond the sentence itself. If the court enters an affirmative finding of family violence under Code of Criminal Procedure Art. 42.013, the collateral damage is permanent and wide-reaching.
A family violence finding triggers a federal firearms prohibition under 18 U.S.C. § 922(g) that applies even when the underlying conviction is a misdemeanor. Family violence assault records are permanently barred from expunction and nondisclosure under Texas law, meaning the conviction stays visible on background checks regardless of how much time passes.
Protective orders and strict bond conditions, including no-contact provisions and firearm surrender, are standard even before the case is resolved.
For non-citizens, a family-violence conviction can trigger deportation, inadmissibility, or denial of naturalization, and the resolution strategy must account for immigration exposure from the start.
What Happens if I’m Charged With Family Violence Assault in Georgetown?
You’ll likely face a protective order and no-contact bond conditions before your case is resolved, and the court may require you to surrender firearms. If convicted, the charge enhances any future assault to a felony.
Can an Assault Conviction Affect My Immigration Status?
Yes. Certain assault convictions trigger deportation, inadmissibility, or denial of naturalization for non-citizens under federal immigration law. Aggravated assault qualifies as an aggravated felony. Family violence assault may be classified as a crime involving moral turpitude. Jorge handles both criminal immigration defense and criminal defense, so you won’t need to coordinate between two separate attorneys.
How We Defend Assault Charges in Georgetown
Several defense strategies apply to Georgetown assault cases:
- Self-defense (Texas Penal Code 9.31): You reasonably believed force was immediately necessary to protect yourself. Texas is a stand-your-ground state with no duty to retreat.
- Defense of others or property (§ 9.32–9.43): Force used to protect a third person or to prevent interference with your property.
- Lack of intent: The contact was accidental. The state must prove you acted intentionally, knowingly, or recklessly.
- Mistaken identity: Someone else committed the act. Common in crowded or chaotic situations.
- False or exaggerated allegations: Fabricated claims are common in divorce and custody disputes where an assault accusation is used as a tactical weapon.
- Challenging the state’s evidence: Inconsistent injuries, contradictory 911 audio, missing or incomplete body-cam footage, and unreliable witness testimony all undermine the prosecution’s case.
Can I Claim Self-Defense Against an Assault Charge in Texas?
Yes. Self-defense in Texas is governed by § 9.31, which says you’re justified in using force when you reasonably believe it is immediately necessary to protect yourself from another person’s unlawful force. Texas has no duty to retreat if you were lawfully present and didn’t provoke the confrontation. The force used must be proportional to the threat you faced.
What Happens if the Alleged Victim Doesn’t Want to Press Charges?
Only the prosecutor decides whether to pursue an assault case, not the complainant. An alleged victim can file an affidavit of non-prosecution with the Williamson County Attorney’s Office or the DA, but that document doesn’t bind the state. Prosecutors can proceed using police reports, body-cam footage, 911 recordings, and other witness testimony alone.
The Assault Case Process in Williamson County
Assault arrests in Georgetown typically involve the Georgetown Police Department or the Williamson County Sheriff’s Office. Misdemeanor assaults are prosecuted by the Williamson County Attorney’s Office; felony assaults go through the Williamson County District Attorney’s Office and a grand jury.
Violent charges, particularly aggravated assault and family violence cases, may not qualify for a personal bond. If someone you care about has been arrested for assault in Williamson County, getting an attorney involved before or at magistration gives the defense the best chance to argue for favorable bond conditions. Call (512) 537-1237 any time.
Where Are Assault Cases Handled in Georgetown, Texas?
Misdemeanor assault cases are heard in the Williamson County Courts at Law and felonies in the Williamson County District Courts, both at the Justice Center at 405 Martin Luther King Jr. Street, Georgetown, TX 78626. Surrounding cities including Round Rock, Cedar Park, Leander, Hutto, Taylor, and Liberty Hill all feed into the same Williamson County court system.
Frequently Asked Questions
How Does Simple Assault Differ From Aggravated Assault?
Simple assault under § 22.01 involves bodily injury, threats, or offensive contact and is typically a misdemeanor. Aggravated assault in Texas under § 22.02 requires proof of serious bodily injury or the use of a deadly weapon and is charged as a second-degree or first-degree felony with significantly harsher sentencing ranges.
Can an Assault Charge Be Dismissed or Reduced in Williamson County?
Yes. The firm files motions to suppress and challenges the state’s witnesses and evidence. Pre-indictment negotiation is another path when the facts support it. Deferred adjudication may also be available depending on the charge and your criminal history. Williamson County prosecutors are generally aggressive, which is why hiring a Williamson County assault lawyer early matters.
Can I Get an Assault Charge Removed From My Record in Texas?
If your case is dismissed or you’re acquitted, you may be eligible for expunction under Texas Code of Criminal Procedure Chapter 55. Deferred adjudication may qualify for an order of nondisclosure under Texas Government Code Chapter 411. Family violence cases are permanently barred from nondisclosure regardless of the outcome.
What Is an Affirmative Finding of Family Violence?
It’s a judicial finding under Code of Criminal Procedure Art. 42.013 that the offense involved family violence as defined by Texas Family Code § 71.004. The finding triggers a federal firearms ban and permanently bars record sealing. For non-citizens, it can also create immigration consequences.
How Much Does an Assault Lawyer Cost?
Fees depend on the charge and its complexity. The Law Office of Jorge Vela offers a free initial consultation and discusses fees transparently before representation begins. Call (512) 537-1237 to discuss your case.
Talk to a Georgetown Assault Lawyer at the Law Office of Jorge Vela
An assault charge in Williamson County moves fast. Acting before the grand jury meets gives the defense the widest range of options. You are presumed innocent, and the earlier you call, the stronger that presumption works in your favor.
Jorge Vela and partner attorney Miguel Aguilera serve as your assault defense attorney in Williamson County and handle every case personally. The firm serves Georgetown, Round Rock, Cedar Park, Leander, Hutto, Taylor, Liberty Hill, and all of Williamson County from the Georgetown criminal defense attorney office.
Call (512) 537-1237 any time, day or night. Free, confidential consultation. Se habla español. Or contact us online.
