Compassionate and Strategic Assault Defense Representation
When authorities arrest you or someone you love for any type of assault charge, your world can feel like it’s crumbling around you. The fear, uncertainty, and stress can be overwhelming. You might worry about your future, your freedom, and how this charge will impact your life. You need a legal ally who understands what you’re going through and will fight tenaciously for your rights with the optimal combination of experience, skill, and dedication.
At Lance Kennedy Law, we recognize the serious consequences that assault charges create for individuals and families. We see the stress and uncertainty that come with facing such serious allegations.
We offer a rare perspective to your defense since our founding attorney, Lance Kennedy, served as both a U.S. and Texas criminal prosecutor before transitioning to defense. This experience provides our team valuable insight into how prosecutors build and approach their cases, helping us anticipate and address their strategies.
Our background trying cases in both federal and Texas state courts means we are comfortable stepping into a Travis County courtroom and challenging the evidence head-on. We understand how local judges tend to rule on pretrial motions, how the Travis County District Attorney’s Office evaluates assault cases, and when additional investigation can shift negotiations in your favor. Drawing on our work with agencies such as the Austin Police Department and other Central Texas law enforcement entities, we are prepared to dissect the government’s file and identify where the story they are telling does not match the actual evidence.
Our approach to assault defense involves:
Thorough case preparation and attention to detail
Aggressive advocacy in and out of the courtroom
Clear communication and accessibility to clients
Strategic thinking and creative problem-solving
Compassion for clients and their families during a difficult time
We handle cases throughout Travis County and the broader Austin area. Our knowledge of local judges, prosecutors, and court rules supports strong legal strategies for people facing assault charges here. When your case involves the Austin Police Department or the Travis County District Attorney’s Office, our familiarity with their procedures lets us shape a defense plan that fits the local process.
We are available 24/7, so don’t wait to call (737) 324-7540 or contact us online to schedule a free case review with our Austin assault defense lawyers. Se habla español.
Understanding Assault Charges in Texas
To effectively fight aggravated assault charges, you need to know what you’re up against. Texas law treats assault offenses as serious matters, and the penalties can carry significant weight.
Texas law defines assault under Penal Code Title 5, Chapter 22, which applies throughout Austin and Travis County. Charges vary based on factors like the type of injury, who was involved, and whether a weapon was used. Travis County courts enforce these statutes with care, making it essential to prepare a defense that aligns with the specifics of your case.
When we evaluate an assault accusation, we look not only at the statutory language but also at how the charge is being applied in the real world. For example, an incident that starts as a verbal argument may be filed as a misdemeanor simple assault, while a similar dispute that allegedly involves a weapon could be treated as an aggravated assault from the outset. Understanding how local law enforcement writes reports, how the magistrate initially sets the charge, and how the district attorney’s intake division screens the case helps us identify opportunities to seek a reduction or challenge the way the offense is classified. We also review whether any collateral allegations, such as family violence findings, could increase the long-term impact of a conviction.
Types of assault charges in Texas include:
Simple assault. A person commits simple assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, or if they intentionally or knowingly threaten another person with imminent bodily harm. It can also be defined as intentionally or knowingly making physical contact with another person that the offender knows will be regarded as offensive or provocative.
Aggravated assault. An assault becomes “aggravated” when it causes serious bodily injury to another person or involves the use or exhibition of a deadly weapon during the commission of the assault.
Domestic assault. An assault charge can be elevated to a domestic violence charge if the alleged offense is committed against a person with whom the accused has a specific relationship. This includes a current or former spouse, family by blood or marriage, a person who shares a child with the accused, people in a dating relationship, or someone in the same household.
Assault on a public servant. This felony charge can apply when someone allegedly assaults an individual they know is a public servant performing official duty. The law also covers assault in retaliation for the exercise of official power. "Public servant" can include law enforcement officers, judges, firefighters, and emergency medical personnel.
Differences Between Simple & Aggravated Assault
Prosecutors may charge someone with simple assault for deliberately or recklessly causing bodily injury, threatening imminent bodily harm, or physical contact the person knows would be considered offensive. Aggravated assault requires added elements, such as using or displaying a deadly weapon, causing “serious bodily injury,” or targeting a public servant.
Aggravated assault is a more serious charge than simple assault because of the higher risk of injury or harm involved. In Austin, serious charges usually move through Travis County felony courts. The context and details from local law enforcement reports can influence how the District Attorney’s Office pursues a case.
“Serious bodily injury” means more than minor cuts or bruises. The law defines it as injuries creating a substantial risk of death or those that cause lasting disfigurement or the loss or impairment of any part or organ.
Common Scenarios Leading to Aggravated Assault Charges
A person may face aggravated assault charges instead of simple assault if an altercation escalates. Once serious bodily injury, a deadly weapon, or a public servant is involved, Texas law often categorizes it as aggravated assault.
Austin’s large events, like concerts and festivals, can bring heavy law enforcement presence and a higher risk of assault arrests. Heated disputes in public or nightlife settings sometimes lead to aggravated assault charges, where a rapid legal response makes a difference. Knowing how these incidents typically arise in Travis County lets us build strategies that address the specific risks of being charged in the area.
Aggravated assault charges can arise from various situations, including:
Domestic disputes that escalate to violence involving weapons
Fights in bars or venues that cause serious injuries
Road rage incidents with threats involving a vehicle or weapon
Altercations involving law enforcement officers
Attacks resulting in severe injuries, including broken bones or head trauma
Potential Consequences of an Assault Conviction in Texas
A conviction for aggravated assault goes far beyond criminal penalties and may impact several areas of life. The effects reach into employment, housing, reputation, and personal opportunities.
Anyone convicted in Austin could find that a criminal record limits access to certain jobs, especially since most employers now require background checks. Some rental housing in Travis County screens for violent offenses as part of their application process, which may limit your options for a place to live. People who hold state-issued licenses may lose them after a felony assault conviction.
Here’s what could be at stake:
Prison time. Simple assault, which leads to minor injuries, is generally a Class A misdemeanor and carries up to a year in jail. Aggravated assault usually qualifies as a second-degree felony in Texas and can mean 2 to 20 years in prison. If the facts involve a public servant or domestic violence, it can become a first-degree felony, with penalties that range from 5 to 99 years or life in prison.
Fines. A Class C misdemeanor for minor assault, such as only offensive touching or threats, can result in up to $500 in fines. A Class A misdemeanor conviction may mean fines up to $4,000. Aggravated assault can lead to fines up to $10,000. These financial costs often combine with legal expenses and other payouts, adding to the burden.
Long-term impacts on employment, housing, and personal opportunities. A felony conviction for aggravated assault will appear on background checks, making jobs and housing much harder to secure. You may lose professional licenses in Texas, face firearm restrictions, or experience damaged relationships. Non-citizens could also face immigration issues.
Given these severe and long-lasting consequences, taking action quickly to protect your rights can help reduce the impact of aggravated assault charges. Our attorneys at Lance Kennedy Law are ready to work with you to defend your future and minimize the harm these cases can bring.
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- Jenny B.
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When facing assault charges in Texas, having a skilled assault defense attorney by your side can shape the outcome. Our team customizes the defense plan to fit your case’s unique facts and goals.
Assault cases in Austin require careful attention both in and out of the courtroom. Travis County courts often move quickly once charges are filed. We monitor changes in Texas criminal law and local policies that affect how cases play out here. Our relationships with court staff and knowledge of area trends, especially during city events, help inform the strategies we use for each defense.
Because our firm includes former prosecutors and attorneys who have tried many jury trials in Texas, we understand how early decisions on an assault case can affect everything that follows. Choices about whether to give a statement, how to comply with bond conditions, and whether to request certain hearings are highly fact specific. We walk you through these decisions step by step, explaining how judges and prosecutors in Austin tend to respond and what documentation or counseling efforts may place you in a better position as the case moves forward. Our goal is to pair legal analysis with practical guidance so you can make informed choices rather than reacting out of fear.
Case Evaluation
We begin each case with a thorough evaluation. This helps us spot key details in the prosecution’s approach and create a defense tuned to the allegations and the local process.
An effective case evaluation in Austin often requires cross-checking police reports with Travis County court documents. We review all sources to find errors, gaps, or inconsistencies. Early review helps us meet area court deadlines and gives you more options for your defense.
We typically assess:
Police reports and witness statements
Physical evidence and forensic reports
Surveillance footage or other visual evidence
Your version of events
During this initial stage, we also consider any parallel issues that might not show up in the charging documents but matter to your future. For example, we may evaluate how an assault allegation could affect a pending family law case, employment in a sensitive position, or professional licensing with a Texas board. By identifying these collateral concerns early, we can coordinate timing, advise you on what to say to employers or schools, and pursue resolutions that reduce long-term harm where possible. This broader view helps ensure that decisions made in a Travis County criminal courtroom do not create avoidable problems in other parts of your life.
Evidence Gathering & Analysis
A strong defense relies on facts that support your story. Our assault defense attorneys know how to investigate Austin assault cases to uncover details that courts and juries consider relevant.
We collect information from many sources, sometimes including public records from Austin venues when an incident occurs at a bar or event. We stay updated on digital evidence that Travis County courts frequently examine during hearings and trials.
Our team can:
Interview witnesses and gather additional statements
Consult with experts in fields such as forensics, ballistics, or medicine
Analyze crime scene evidence and police procedures for any problems
Investigate the backgrounds of key witnesses for credibility issues
Negotiation with Prosecutors
Careful negotiation often leads to better results than taking a case to trial. Lance Kennedy’s experience as a former prosecutor lets us anticipate how the other side may act. Our assault attorneys know how to communicate with local prosecutors to seek the best outcome for each case.
Prosecutors in Austin may offer alternatives like diversion programs to people charged for the first time. We keep track of Travis County pretrial intervention and other restorative justice programs that may apply. Our strategy for negotiation adapts to each prosecutor’s typical approach and the details of your case.
We can:
Engage in plea bargaining discussions with prosecutors
Advocate for reduced charges or sentencing alternatives
Present facts that may affect the prosecutor's stance
Seek dismissal of charges if circumstances allow
Before entering any plea discussions, we talk with you about your priorities, tolerance for risk, and how different outcomes would affect your work, family, and immigration status if that applies. In some Austin assault cases, a deferred adjudication or diversion program may protect you from a conviction if you complete certain conditions, while in others, a trial may be the only way to contest a life-changing allegation. Drawing on our trial background and knowledge of how Travis County juries view assault charges, we provide candid feedback about the strengths and weaknesses of your position so you are not making decisions in the dark.
Development of Defense Strategies
We adapt each defense plan to the facts, laws, and trends in Travis County. You stay informed through each step so you can make decisions with clarity and confidence.
Recent changes in Texas law may open up new defense options or shape outcomes in ways the courts have not seen before. Our analysis considers local attitudes, jury trends, and court processes so we stay ready for each development. We look at how juries in Austin view self-defense, mental health claims, or mitigating evidence and build your case accordingly.
Your defense strategy may involve:
Challenging the admissibility of evidence
Questioning the credibility of witnesses
Demonstrating lack of intent or highlighting mitigating circumstances
Presenting an alternative explanation for the incident
Frequently Asked Questions
Should I Talk To Police After Being Arrested For Assault In Austin?
After an arrest in Austin, you have the right to remain silent and the right to an attorney before answering questions. Anything you say to Austin Police Department officers or Travis County deputies can be used in court, even if you think you are clearing up a misunderstanding. It is usually safer to provide only basic identifying information and politely state that you want to speak with a lawyer before discussing the incident. Once you have legal guidance, you can decide together whether any statement should be made and under what conditions.
What Is A No-Contact Or Protective Order In An Assault Case?
In many assault cases, especially those involving family or dating partners, a judge may issue an emergency protective order or no-contact condition as part of bond. These orders in Travis County can restrict you from returning to a home, contacting the alleged victim, or possessing firearms while the case is pending. Violating a protective order can trigger a separate criminal charge and may result in your bond being revoked. It is important to review each term carefully and ask questions if you are unsure what the order allows or prohibits.
How Long Does An Assault Case Take In Travis County?
The timeline for an assault case in Travis County varies based on the charge level, the court’s docket, and whether the matter is contested. Misdemeanor cases in county courts at law may move more quickly than felony cases in district courts, but even misdemeanor dockets can experience delays. Factors such as ongoing investigations, motion practice, and plea negotiations can also extend the process. You should expect multiple settings at the Blackwell-Thurman Criminal Justice Center or other Travis County courts before a case is resolved.
Take the first step to protecting your rights and future. Call (737) 324-7540 or contact us online to schedule your free, confidential consultation with our team.
Common Defense Strategies for Assault
Every aggravated assault case is unique. The best defense strategy depends on what happened and the strength of evidence against you.
Each case in Austin involves different facts, so our approach adjusts to the setting. For incidents at major events or busy Austin districts, there may be security footage or numerous witnesses. Defense strategies factor in how Travis County jurors tend to interpret facts, especially for self-defense or mistaken identity claims. Our background with local courts helps us present options that fit each scenario.
Here are some common approaches our lawyers may consider when building your defense:
Self-defense. If you believed you faced immediate harm, using force to protect yourself may justify your actions. Texas law supports the right to self-defense if the response matches the threat.
Defense of others. If you acted to protect someone else, such as your child or companion, we can gather facts to show your actions were necessary under the circumstances.
Lack of intent. Assault charges require proof that you acted intentionally, knowingly, or recklessly. If your actions were accidental or lacked intent, we may be able to challenge the charge.
Mistaken identity. If authorities arrested the wrong person, our team examines identification procedures and may present evidence to show your true location or clarify the details.
Challenging evidence or witness credibility. We carefully review the prosecution’s evidence and the credibility of witnesses to uncover inconsistencies, errors, or bias.
What’s the Legal Process for an Assault Charge in Texas?
Assault cases in Texas follow a series of steps, and timing often matters. Early defense representation strengthens your ability to protect your rights and prepare for what comes next.
Arrests for assault in Austin usually go through Travis County courts. Local judges set expectations for court appearances, deadlines, and pretrial motions soon after the arrest. We explain each milestone and help you weigh options, from plea negotiations to possible diversion programs or trial outcomes, using knowledge of local court practices.
Here’s what to expect:
Arrest and booking. Law enforcement may arrest you at the incident scene or by warrant. Booking includes fingerprinting, photos, and recording your details at a local jail.
Bail and pretrial hearings. A judge sets bond conditions and timelines for pretrial hearings. At arraignment, you enter a plea. Further hearings prepare the case for trial or settlement.
Plea bargaining. Many cases resolve through discussions between your lawyer and the prosecutor. Our team’s background on both sides of the courtroom supports thoughtful negotiation.
Trial. If a plea agreement cannot be reached, a trial includes jury selection, opening arguments, evidence, witness testimony, and a verdict.
Sentencing (if applicable). If convicted or after a plea, the sentencing phase can include arguments for mitigation, alternative sentences, or diversion plans applicable in Travis County.
Some individuals in Austin can access diversion programs or alternative sentencing options not always found elsewhere in Texas. We review whether specialty dockets or unique Travis County resources could reduce your long-term impact if charges proceed. This local knowledge adds real value when facing an assault accusation in the area.
Take the first step to protecting your rights and future. Call (737) 324-7540 or contact us online to schedule your free, confidential consultation with our team.
Yes, depending on the circumstances. Our lawyers can work to negotiate reduced charges or seek dismissal if there’s insufficient evidence or procedural errors.
Not necessarily. When simple assault is charged as a Class C misdemeanor, the potential penalties do not include jail time. While Class B misdemeanor simple assault, Class A misdemeanor simple assault, and aggravated assault include incarceration as a potential penalty, alternatives like probation may be possible depending on the specifics of your case and your criminal history.
You have the right to testify in your own defense, but you also have the right to remain silent. You should make this decision carefully while consulting your attorney and considering the specifics of your case.
Aggravated assault charges can have serious implications for non-citizens, potentially leading to deportation. If you’re not a U.S. citizen, it’s crucial to inform your attorney so they can consider immigration consequences in your defense strategy.
Our firm keeps all client details related to assault cases strictly confidential. We use them only to formulate the best defense strategy possible.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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I will lead you every step of the way. Together, we will fight for a dismissal.
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Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
