Austin Assault Defense Attorney
Assault cases almost always come down to two people's words. Credibility and who was the primary aggressor decide the outcome — and that fight starts long before a jury is ever picked.
Call/Text 512-827-7767Charged with Assault in Austin or Travis County?
Most assault cases don't hinge on a mountain of forensic evidence — they hinge on two conflicting accounts of the same few seconds. Who said what, who moved first, who was actually the primary aggressor. That's exactly the kind of fight Joseph Aragon has spent his career preparing for: getting ahead of the narrative, locking down favorable witnesses and evidence early, and holding the State to its burden of proof when the case doesn't add up.
Family violence allegations carry consequences that go well beyond the criminal case itself — protective orders, firearm restrictions, and immigration exposure can all attach quickly. Getting the right person involved early changes what's possible later.
Texas Assault Charge Levels
| Charge | Classification | Possible Jail/Prison | Possible Fine |
|---|---|---|---|
| Assault by Threat or Contact (no injury) | Class C Misdemeanor | None | Up to $500 |
| Assault Causing Bodily Injury | Class A Misdemeanor | Up to 1 year | Up to $4,000 |
| Assault Family Violence, 2nd Offense | 3rd Degree Felony | 2 – 10 years | Up to $10,000 |
| Aggravated Assault (deadly weapon / serious injury) | 2nd Degree Felony | 2 – 20 years | Up to $10,000 |
| Aggravated Assault (public servant, strangulation, etc.) | 1st Degree Felony | 5 – 99 years or life | Up to $10,000 |
Family Violence Findings Carry Extra Weight
When an assault case involves a family or household member, or a dating partner, a "family violence" finding can attach even to a misdemeanor. That finding can trigger:
- A protective order limiting contact, residence, and firearm possession
- Federal firearm restrictions under 18 U.S.C. § 922(g)(9)
- Felony enhancement on any future family violence charge
- Collateral consequences in family court, custody, and immigration matters
Building the Defense
Who Was the Aggressor
Texas law recognizes self-defense and defense of a third person. Establishing who actually initiated the confrontation is often the whole case.
Witness Credibility
Prior statements, inconsistencies, motive to fabricate, and independent witnesses all get examined early, before the State's narrative sets.
Physical Evidence
Injury patterns, 911 call recordings, body camera footage, and medical records either support or undercut the accusation.
Frequently Asked Questions
What's the difference between assault and aggravated assault?
Simple assault involves bodily injury, offensive contact, or a threat, and is typically a misdemeanor. Aggravated assault involves serious bodily injury or a deadly weapon and is a felony.
Will a domestic assault charge affect my gun rights?
A family violence finding can restrict firearm possession under state and federal law and can support a protective order — sometimes even without a conviction.
Can the alleged victim just drop the charges?
No. Once filed, the decision to prosecute belongs to the State, not the complaining witness, though a reluctant witness can still significantly affect the case.
Is assault always a felony?
No. Most simple assault charges are Class A or Class C misdemeanors. It becomes a felony when aggravated, or when enhanced by a prior family-violence conviction.
What if I acted in self-defense?
Self-defense is a recognized justification under Texas law, but it has to be built into the record early — before memories fade and before the State's version of events locks in.