How Assault Charges Get Filed in Dallas, Texas
Assault charges in Texas get filed through a formal process that typically begins with a 911 call or a police report, followed by a law enforcement investigation, and concludes with a prosecuting attorney reviewing the evidence to officially file criminal charges. Once the State accepts the case, the individual is formally charged and must defend themselves in court.
If you or a loved one is facing a first-time assault charge in Texas, the speed at which the system moves can be overwhelming. Understanding how the process works–from the initial accusation to the courtroom–is your best defense. At Warren N. Abrams, P.C., our experienced criminal defense team knows exactly how prosecutors build these cases, because we used to be the ones building them. Warren and Joshua Abrams are former Chief Prosecutors who now aggressively defend clients across North Texas.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different.
How to File Assault Charges in Texas
Many people mistakenly believe that citizens press charges against one another. In reality, a citizen only reports a crime; the State of Texas decides whether to file charges. Here is how the process actually works:
1. The Initial Report and Police Response
The process almost always starts with a report to law enforcement. Police arrive at the scene to secure the area, separate the parties, and gather initial statements. If officers believe they have probable cause that an assault occurred—especially in cases involving family violence—they will often make an arrest on the spot.
2. The Investigation
Detectives gather evidence to support the accusation. This includes 911 call audio, body cam footage, witness statements, medical records, and photographs of any alleged injuries or property damage.
3. DA Review and Filing
Once law enforcement compiles its report, they send it to the District Attorney’s office. A prosecutor reviews the file to determine if there is enough evidence to formally file charges. For misdemeanors, the DA files an information. For felonies, the prosecutor must present the case to a grand jury to secure an indictment.
How Long Do You Have to File Assault Charges in Texas?
A common question we get is, “How long do I have to file assault charges in Texas?” or “How long can the State wait before charging me?” The answer depends on the statute of limitations for the specific offense:
- Misdemeanor Assault: The State has two years from the date of the incident to file charges.
- Felony Assault (including Aggravated Assault): The State generally has three years from the date of the incident to secure an indictment.
This means you could be arrested and formally charged months or even a year after an altercation occurred, provided the State files within these legal time limits.
What is Battery vs. Assault?
In many states, assault refers to a threat, while battery refers to actual physical harm. In Texas, the law is different. Texas Penal Code Section 22.01 combines both concepts under the single umbrella of assault.
There are three main ways a person can commit assault in Texas:
- Intentionally, knowingly, or recklessly causing bodily injury to another person.
- Intentionally or knowingly threatening another person with imminent bodily injury.
- Intentionally or knowingly causing physical contact with another when you know or should reasonably believe the other person will find it offensive or provocative.
Simple Assault vs. Aggravated Assault
While simple assault often involves minor injuries or threats, aggravated assault is a much more severe charge. Assault becomes aggravated if the accused causes serious bodily injury to another person, or uses/exhibits a deadly weapon during the assault. Aggravated assault is a second-degree felony, but it can be elevated to a first-degree felony under certain circumstances, such as when the victim is a public servant or in specific cases of domestic violence.
What Jail Time and Penalties Are There for a First-Time Assault Charge in Texas?
If you are facing an assault charge for the first time, the potential punishment depends heavily on the severity of the offense and who the alleged victim is:
- Class C Misdemeanor: Threatening bodily injury or causing offensive physical contact (no actual injury). Punishable by a fine of up to $500.
- Class A Misdemeanor: Causing bodily injury (even minor pain like a scratch or bruise). This is the most common first-time assault charge. Punishable by up to 1 year in county jail and fines up to $4,000.
- Third-Degree Felony: This often applies if the assault involves strangulation or if it is a repeated domestic violence offense. Punishable by 2 to 10 years in prison.
- Second-Degree Felony: Aggravated assault. Punishable by 2 to 20 years in prison.
- First-Degree Felony: Aggravated assault with special enhancements. Punishable by 5 to 99 years (or life) in prison.
How Can You Get Assault Charges Dropped in Texas?
When clients ask how to get assault charges dropped in Texas, they often wonder if the alleged victim can just call the DA and cancel the case. As former prosecutors, we can tell you: the State rarely drops a case just because the complaining witness asks them to. To get an assault charge dismissed or reduced, an experienced defense attorney must actively dismantle the prosecution’s evidence.
Effective defense strategies include:
Self-Defense or Defense of Others
Texas law allows you to use reasonable force to protect yourself or someone else from immediate harm. If we can prove you were not the primary aggressor, this can lead to a dismissal or an acquittal.
False Accusations and Lack of Evidence
Unfortunately, false accusations are common during emotional disputes or custody battles. We expose inconsistencies in witness statements, review 911 calls, and scrutinize body cam footage to reveal the truth.
Attacking the Burden of Proof
The State must prove every element of the crime beyond a reasonable doubt. By systematically challenging their evidence and winning a criminal case using the burden of proof, we force the prosecutor to realize they cannot win at trial.
Protect Your Future with Warren N. Abrams, P.C.
An assault conviction can ruin your reputation, cost you your job, and take away your freedom. If you have been arrested in Dallas County, Plano, McKinney, Garland, Frisco, or surrounding North Texas communities, you need a local defense attorney who knows how the other side thinks.
Whether you are dealing with a standard assault charge or simultaneous charges for a drug offense discovered during your arrest, Warren N. Abrams, P.C. provides aggressive, trial-tested representation. We don’t just look for quick pleas; we prepare every case to win.
Don’t let the State dictate your future. Contact our experienced criminal defense team today to schedule a free consultation and start building your defense.