Denton County Criminal Defense
Denton County Assault Lawyer
Assault charges in Texas cover a wide range of conduct, from a raised voice in a family argument to serious bodily injury. The label matters. A family violence finding changes background checks, firearm rights, and immigration status for life.
Denton County
Assault defense in Denton County
Denton County covers a wide area from Denton and the University of North Texas down through Lewisville and Flower Mound. The county has grown quickly, and the criminal court system reflects both a large-college-town culture and a suburban commuter population.
Where cases are heard
- Denton County Courts Building (1450 E. McKinney St, Denton) - felony and misdemeanor courts
- Municipal courts in Denton, Lewisville, Flower Mound, and The Colony
Bond and booking
Bond in Denton County is set at the Denton County Jail after magistration. Personal recognizance bonds are more available here than in some surrounding counties.
Local practice notes
- Denton County has a specific DWI court and drug court that focus on treatment-based outcomes for qualifying cases.
- The DA's office runs a First Offender Program for eligible misdemeanor cases that ends in dismissal.
- The University of North Texas (UNT) and Texas Woman's University generate a steady volume of student cases, and outcomes for students are often better with quick counsel.
- Denton County judges are generally receptive to well-prepared pretrial motions.
01
What the charge really means
Texas Penal Code Section 22.01 defines assault three ways: intentionally causing bodily injury, threatening bodily injury, or making physical contact the other person finds offensive or provocative.
Aggravated assault (Section 22.02) applies when the assault causes serious bodily injury or involves a deadly weapon.
Family violence is not a separate charge, it is an enhancement. Any assault against a family member, household member, or dating partner can carry the family violence label, and that label creates lifelong consequences.
02
Texas assault penalties
Assault by contact (Class C misdemeanor)
Fine only, up to $500
Offensive contact, no injury. Still leaves a record.
Assault causing bodily injury (Class A misdemeanor)
Up to 1 year jail, up to $4,000 fine
Most family violence cases start here.
Assault family violence with prior (Third-degree felony)
2 to 10 years prison, up to $10,000 fine
Any prior family violence conviction bumps the charge to a felony.
Aggravated assault (Second-degree felony)
2 to 20 years prison, up to $10,000 fine
Serious bodily injury or use of a deadly weapon.
Aggravated assault, certain circumstances (First-degree felony)
5 to 99 years prison, up to $10,000 fine
Includes aggravated assault on a public servant, and family violence cases involving both a deadly weapon and serious bodily injury.
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How these cases are defended
- Self-defense. Texas has one of the strongest self-defense statutes in the country. You do not have to retreat from a place you have a right to be.
- Defense of others or property. Protecting a family member or your home can justify force that would otherwise be assault.
- Consent. Mutual combat and contact sports involve consent that can defeat the charge.
- False accusation. Assault charges are common in custody disputes and breakups. Motive, prior statements, and physical evidence all matter.
- Lack of intent. Accidental contact is not assault. What the State can prove about your state of mind is often the whole case.
- Misidentification. In bar fights and group incidents, the wrong person is often charged.
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What to expect, step by step
- 01
Arrest and magistration. In family violence cases, expect an emergency protective order that keeps you out of your home.
- 02
Bond conditions. GPS monitoring, no-contact orders, and firearm surrender are common.
- 03
Grand Jury (felony cases only). The case must be indicted before it can be tried.
- 04
Discovery. Photos, 911 audio, medical records, and body camera footage often tell a very different story than the arrest report.
- 05
Pretrial resolution. Pretrial diversion, reduction to a non-family-violence offense, or dismissal are all possibilities in the right case.
- 06
Trial. Assault cases are winnable. Juries understand self-defense and false accusation when the case is prepared and presented.
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Questions people ask
What is the difference between simple assault and aggravated assault?+
Simple assault causes bodily injury or offensive contact. Aggravated assault involves serious bodily injury (injury creating substantial risk of death, permanent disfigurement, or protracted loss of function) or the use or exhibition of a deadly weapon.
Can I get a family violence charge dismissed if the alleged victim does not want to prosecute?+
In Texas, the State prosecutes the case, not the victim. A recanting witness does not end the case, but it changes the leverage significantly. Prosecutors weigh the risk of trial without a cooperative witness.
Will an assault conviction affect my right to own a firearm?+
A misdemeanor family violence conviction triggers a lifetime federal firearm prohibition under the Lautenberg Amendment, and Texas law separately prohibits possession for five years after the sentence is completed. A felony conviction brings a federal lifetime ban plus Texas restrictions. Avoiding a family violence finding is often the most important goal in the case.
How does deferred adjudication work in an assault case?+
Deferred adjudication is a form of probation without a final conviction. If completed successfully, the case is dismissed. In family violence cases, however, the court still enters an affirmative finding of family violence, the case can be used to enhance a future family violence charge to a felony, and the record generally cannot be sealed. The firearm consequences of deferred adjudication depend on the facts, so get advice before accepting any plea.
What happens at a protective order hearing?+
A protective order hearing is civil, not criminal, and the burden of proof is lower. Anything said there can be used in the criminal case, so preparation and coordination between the two are critical.
Free confidential consultation