Holidays can bring late nights, crowded rooms, and family drama that can quickly turn into an altercation. If a celebration ended with an accusation, you still have choices. Here is how to protect yourself in the crucial first days and how Texas assault cases really work.

First 24 to 72 hours

The most important move is to slow things down. If police want to talk, ask for a lawyer and stop the interview until counsel is present. Anything you say can be used against you, even if you believe it clears things up. If you were arrested, you will be booked and given bond conditions. Read them carefully. Many bonds include no contact rules and restrictions on returning home. An invitation from the other person does not change those terms. Violating bond conditions can lead to a new arrest.

As soon as you are able, start preserving evidence. Write down a timeline while events are fresh. Save text messages and call logs. Ask a trusted person to download any doorbell or venue video that may be overwritten. If you have injuries, get photos and medical records. Do not post about the incident on social media and do not message the other party to argue facts. Call a lawyer quickly so the investigation can start while footage and witnesses are still available.

What Texas law means by assault

Texas recognizes several ways an assault can occur. The law covers causing bodily injury, threatening someone with imminent bodily injury, and making physical contact that a reasonable person would find offensive or provocative. Bodily injury can mean pain even when there are no visible marks. Facts like a dating or family relationship can change how a case is handled in court and can affect future consequences. Understanding which version of assault is alleged helps your lawyer focus on the elements the state must prove.

Assault penalties in Texas at a glance

Penalties depend on the facts, the relationship between the people involved, and any prior history. The ranges below are common starting points and may change with enhancements. Your lawyer will apply them to your situation.

Protective orders and bond conditions

After an arrest, a magistrate can issue an emergency protective order. These orders often prohibit contact, restrict residence and firearms, and control communications. Bond conditions can say the same things. Private invitations do not override a court order. If you need to exchange property, see children, or return home, ask your lawyer about a written modification. Violations are easy to prove with texts and call logs and can complicate the defense of the original case.

Gather evidence

A smart defense builds on verifiable facts. Save messages, call logs, and location data. Identify witnesses who saw what happened before, during, or after the incident. If alcohol or a crowded holiday setting played a role, venue cameras and receipts can fill in missing context. If you were injured, keep photos and medical notes. Tell your lawyer everything in a confidential setting so they can separate helpful facts from details that should be handled carefully. Avoid contacting the complainant directly. Let counsel coordinate any lawful evidence collection.

Prepare your defense

Common defenses include self defense, defense of others, lack of intent, accident, and mistaken identity. Each depends on the precise wording of the charge and the evidence available. Self defense, for example, focuses on whether you reasonably believed force was immediately necessary and whether your response stayed within legal limits. Lack of intent or accident can apply when contact was incidental in a chaotic environment. Mistaken identity can be raised when lighting, crowding, or intoxication made reliable identification difficult. Your lawyer will test the state’s proof and present credible evidence that supports the theory that fits your facts.

What to expect at court

Your first appearance is usually an arraignment where you are told about the charge and enter a plea. After that, the case moves into discovery. This is when the defense reviews body cam, 911 audio, medical records, and witness statements. Motions may challenge the legality of stops, arrests, or identifications. Many cases resolve through negotiation when weaknesses are clear. Others go to trial. Timelines vary by county. While the case is pending, follow all orders and keep your lawyer updated about new evidence or witness information.

How a Texas assault defense lawyer can help

Counsel shields you from risky conversations with police and the other party. Your lawyer can secure video before it is lost, obtain medical and phone records, and interview witnesses the right way. They will evaluate whether the elements of the offense are met, whether enhancements apply, and whether a reduction, diversion, or dismissal is realistic. Most importantly, they can keep the focus on long term consequences like employment, licensing, immigration, and firearms so a short term fix does not create bigger problems later.

Frequently asked questions

What happens if I am accused of assault in Texas?

Police may investigate on scene and decide whether to arrest. If you are arrested, a judge will set bond and conditions. You will have court settings where the state must provide evidence. You have the right to remain silent and the right to counsel from the start.

Is a first assault charge a felony or a misdemeanor in Texas?

It depends on the facts. Many first cases are Class A misdemeanors, but certain allegations and prior findings can elevate a case to a felony. The relationship between the people involved and the type of injury matter.

Can the alleged victim drop the charges?

The prosecutor decides whether to continue or dismiss. Cases can proceed without the alleged victim’s testimony using other evidence. Do not contact the person about the case. That can lead to new charges or bond violations.

How long does an assault case take in Texas?

Timelines vary by county and by the complexity of the evidence. Some cases resolve in a few months. Others take longer while video is obtained, motions are heard, and negotiations occur.

Will a conviction affect my job or firearm rights?

It can. Many employers run background checks and certain findings can affect firearms and professional licenses. Your defense plan should account for these collateral consequences.

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We can help

Contact Carroll Troberman, PLLC for a free consultation. Call (512) 478-3800 or request a consultation online.

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This article is for informational purposes only. It is not legal advice, and past results do not guarantee future outcomes. Every case turns on its specific facts and the current law.

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