Assault allegations often arise from complex situations—a heated disagreement, an act of self-defense, or at times, an entirely baseless accusation. The initial police report, written in the heat of the moment, rarely captures the full context of these events. Yet this one-sided narrative is what the state uses to build its case.
At Lance Kennedy Law, our work is founded on a clear principle: context is everything. We conduct our own thorough investigation to uncover the facts and reveal the whole story. By presenting a complete and accurate picture, we can dismantle the prosecution's narrative, defend your freedom, and protect your good name.
Our goal is to help you move past this difficult chapter and get your life back. Contact our San Antonio assault attorney at (737) 324-7540 for a free consultation.
Understanding Assault Charges in San Antonio
The legal definition of Assault in Texas is far broader than most people assume, covering a wide range of actions that can lead to serious criminal charges. The severity of the allegation depends entirely on the specific facts of the case.
Assault charges in San Antonio are governed by Texas state law, and break down like this:
Misdemeanor Assault. An assault charge does not require physical injury. It can be based on a threat that places someone in fear of imminent harm or even physical contact that the other person finds offensive. While these may be lesser misdemeanors, an allegation of causing any "bodily injury" elevates the offense to a Class A misdemeanor, which is punishable by up to a year in county jail.
Felony (Aggravated) Assault. The charge becomes a felony when the accusation involves either "serious bodily injury" or the use or exhibition of a deadly weapon. Known as Aggravated Assault, this offense is treated with extreme severity by prosecutors and carries the potential for a lengthy state prison sentence.
The 'Family Violence' Finding. An assault charge involving a family member, household member, or dating partner can result in an "affirmative finding of family violence." This is not a separate crime but a permanent designation on your record, and its consequences are severe, especially concerning your Second Amendment rights. While Texas state law imposes a five-year firearm prohibition for such a conviction, a controlling federal statute creates a lifetime ban for anyone convicted of a domestic violence offense.
Given the fine lines between these charges and the vastly different consequences they carry, every assault allegation must be met with a serious and immediate defense. A proactive and well-prepared legal strategy is your strongest shield against the power of the state and the risk of a life-altering conviction.
Penalties & Long-Term Consequences of an Assault Conviction
A conviction for Assault in San Antonio results in two distinct forms of punishment: the direct penalties imposed by the court and the collateral consequences that can follow you for life.
Direct Penalties
The official sentence for an assault conviction is based on the severity of the charge and can include any or a combination of the following:
Incarceration. Depending on whether the charge is a misdemeanor or a felony, a sentence can range from several days in county jail to many years in a state prison.
Substantial fines. Courts can impose fines up to $10,000, creating a significant financial burden on top of any jail or prison time.
Mandatory probation. A sentence may involve a long period of community supervision with strict conditions, such as anger management classes or counseling.
Collateral Consequences
Often more damaging than the court-ordered sentence, these are the lifelong barriers that result from a permanent criminal record:
Barriers to employment. A conviction can prevent you from passing the background checks required for many professional careers.
Housing and loan denials. Many landlords, property managers, and lending institutions may deny applications due to a conviction.
Loss of professional licenses. A conviction can result in the revocation of permits required for many occupations.
Loss of firearm rights. Under federal law, a conviction for any felony or most misdemeanors involving domestic violence triggers a permanent, lifetime ban on owning or possessing a firearm.
These lasting impacts demonstrate why a formidable defense against the initial charge is critical to protecting your future.
Building a Defense Against Your Bexar County Assault Charge
An accusation is not a conviction. Our legal system is founded on the presumption of innocence, and a formidable defense is not merely a reaction to the state's claims—it is the proactive construction of the complete story.
Our work begins with a diligent and independent investigation. We meticulously scrutinize every piece of the prosecution's evidence, challenge witness statements, and expose the weaknesses in the state’s narrative. This thorough preparation is the foundation that allows us to build a powerful legal case, whether that involves asserting your right to self-defense under Texas law, proving a lack of criminal intent, or demonstrating that the allegations against you are simply not credible.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
We understand that facing an assault charge in Bexar County is a profoundly stressful experience. When your future is on the line, navigating the court system can feel overwhelming, but understanding the road ahead can provide a sense of stability and control. At Lance Kennedy Law, we will be by your side at every step, providing clarity and compassionate guidance.
The journey through the San Antonio criminal courts typically follows the following stages:
Arrest: The legal process starts the moment of your arrest, leading to an initial appearance at the Bexar County Central Magistrate's Office. Here, a magistrate judge will formally state the charges and determine your bond amount and release conditions. This is the first opportunity for us to intervene. We can appear at this hearing to advocate for fair bond conditions, working to get you out of jail and back home as soon as possible.
Arraignment. The next formal step is the arraignment, a brief but important hearing held in a Bexar County Court at Law (for misdemeanors) or District Court (for felonies). At this hearing, we will enter a plea of "not guilty" on your behalf. This is a critical procedure that preserves all of your legal rights and allows us the time to demand and meticulously review the prosecution's evidence.
The Pretrial Phase. This period is the heart of your defense, where our background as a firm led and founded by a former prosecutor becomes most critical. We formally review all evidence from the Bexar County District Attorney’s Office, including police reports, witness statements, and videos from the arresting agency. We then file legal motions to challenge questionable evidence and conduct negotiations with the prosecutor. Many assault cases are favorably resolved during this phase.
Trial. We are fully prepared to take your case to trial if negotiations do not result in a favorable outcome. We stand ready to present a powerful and persuasive defense of your rights before a judge and jury.
You will not face this challenge alone. Our commitment to you includes constant and clear communication, so you always understand the strategy for your defense and the options before you. Every action we take is guided by one priority: to protect your future and help you get your life back.
Do not wait to get the help you need. Call our San Antonio assault lawyer at (737) 324-7540 or contact us online to schedule your free case consultation.
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.
1
Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
2
Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
3
Get Your Life Back
Work to get the best results possible so you can get your life back.
