Austin Assault Defense Lawyer

If you have been arrested or are under investigation for assault, contact CMK Defense, PLLC at (512) 375-3303 to speak with an experienced Austin assault defense lawyer as soon as possible.

An assault charge in Texas can turn your life upside down almost immediately. One moment you are going about your day, and the next you are facing handcuffs, booking photos, and questions from officers who are building a case against you. The stress, confusion, and fear that follow are real, and what you do next matters. The first days after an arrest can affect how your case unfolds, so you should avoid speaking with investigators, never discuss the incident on social media, and consult a defense attorney before making any statements.

At CMK Defense, PLLC, our team is here to help you take those first steps. Call (512) 375-3303 or contact us online to schedule a consultation with our Austin assault defense lawyers who will listen to your side of the story and walk you through your options.

Why Clients Trust CMK Defense, PLLC to Defend Their Rights

Our firm was built on grit, compassion, and a refusal to back down when a client’s future is on the line. With over 30 years of combined courtroom experience, our attorneys know what it takes to stand up to prosecutors in Travis County. We do not take on dozens of cases just to push people toward quick plea deals. Instead, our firm takes fewer cases on purpose so that every client gets the time, preparation, and personal attention their situation calls for. When you work with our team, that commitment looks like this:

• Detailed review of police reports and body cam footage
• Independent witness interviews
• Strategic pretrial motions
• Negotiation with Travis County prosecutors
• Trial-ready preparation from the start

Our clients come to us during some of the hardest moments of their lives. They stay with us because we treat their case as if it were our own and because we believe every person deserves a defense built on hard work and honesty.

The Seriousness of Assault Charges in Texas

Assault charges in Texas cover a wide range of conduct, from threatening words to serious bodily injury. Texas Penal Code Chapter 22 defines the different ways a person can be charged, and the penalties increase quickly based on the identity of the alleged victim, the circumstances, and the accused’s prior history.

Simple Assault

Simple assault under Texas Penal Code § 22.01 covers three types of conduct:

• Intentionally, knowingly, or recklessly causing bodily injury to another person
• Threatening someone with imminent bodily injury
• Making physical contact the defendant knew or reasonably should have known was offensive or provocative to the other person

Bodily injury assault is a Class A misdemeanor carrying up to one year in jail and a fine of up to $4,000. Threat and contact offenses are typically Class C misdemeanors punishable by a fine (up to $500) only, though enhancements apply in certain circumstances.

Enhanced Assault

When the alleged victim falls into a protected category, a Class A misdemeanor assault can become a third-degree felony under § 22.01(b). This applies when the victim is a public servant acting in an official capacity, when the assault is committed in retaliation for someone’s role as a witness or official, or when the defendant has a prior family violence conviction and the current victim is a family or household member. Third-degree felonies carry two to ten years in prison and a fine of up to $10,000.

Aggravated Assault

Aggravated assault under Texas Penal Code § 22.02 arises from either serious bodily injury to the alleged victim or the use or exhibition of a deadly weapon. It is typically a second-degree felony carrying two to twenty years in prison and a fine of up to $10,000.

Certain circumstances elevate the charge to a first-degree felony under § 22.02(b)(2). These include offenses committed against a peace officer or judge performing official duties, domestic violence offenses where a deadly weapon is used or serious bodily injury is caused, and assaults committed for hire. A first-degree felony carries a punishment range of five to ninety-nine years or life in prison.

Potential Defenses for Assault in Austin

An effective defense starts with a close review of the facts. Our attorneys examine the evidence, interview witnesses, and develop a strategy tailored to the specific charges you are facing. Common defenses include:

• Self-defense
• Defense of others
• Defense of property
• Mistaken identity
• Lack of intent
• Consent in certain contexts
• Insufficient evidence to prove the charge

At CMK Defense, PLLC, our defense attorneys take the time to find the defense that fits your case and circumstances. We examine every piece of evidence the prosecution plans to use and look for weaknesses, inconsistencies, and violations of your constitutional rights.

FAQ: What to Know After an Assault Charge in Austin

What Is the Statute of Limitations?

The statute of limitations for most misdemeanor assault charges in Texas is two years from the date of the alleged offense under Texas Code of Criminal Procedure Art. 12.02. An important exception applies to misdemeanor assault family violence, which has a three-year limitations period.

Most felony aggravated assault charges carry a five-year statute of limitations. Enhanced felony assault charges under § 22.01(b), such as assault against a public servant or assault with a prior family violence conviction, carry a three-year limitations period.

What If My Accuser Drops the Charge?

In Texas, assault charges are filed by the State, not the alleged victim. Even if the person who made the report later asks prosecutors to drop the case, the Travis County District Attorney’s Office can choose to move forward. The accuser’s cooperation may affect the strength of the case, but it does not automatically end it.

Is Domestic Violence in Texas Considered a Form of Assault?

Yes, domestic violence is prosecuted under the same assault statutes, with enhanced penalties when the alleged victim is a family member, household member, or someone the accused has a dating relationship with. A conviction can also trigger federal firearm restrictions under the Lautenberg Amendment and may affect custody rights in family court proceedings.

Speak to Our Austin Assault Defense Attorneys at CMK Defense, PLLC

Assault charges do not pause while you decide what to do. Prosecutors are already working on their case, and every day without a defense plan is a day the other side builds momentum. If you or a loved one has been charged with assault in Austin, CMK Defense, PLLC is ready to step in immediately and begin building a strong defense strategy.

Call (512) 375-3303 or contact us online to schedule a consultation with our Austin assault defense lawyers who will give your case the attention and preparation it deserves.