Austin Physical Violence Lawyer

If you have been arrested or charged with a violent offense in Austin, the situation is serious, and the consequences can follow you for years. A conviction can mean jail time, a permanent criminal record, loss of firearm rights, and lasting damage to your career and family relationships.

Speaking with a defense attorney before your first court appearance gives you the best chance of protecting your future. Our Austin physical violence lawyers at CMK Defense, PLLC, are ready to take your call. Reach us at (512) 375-3303 or connect with us online to schedule a consultation today.

Physical Violence Charges in Texas

Texas classifies physical violence offenses across a wide spectrum, from low-level misdemeanors to first-degree felonies. The specific charge depends on the severity of the alleged injury, the relationship between you and the accuser, your criminal history, and whether a weapon was involved:

• Assault causing bodily injury (family violence)
• Aggravated assault
• Assault impeding breath/circulation (choking)
• Continuous family violence
• Injury to a child, elderly, or disabled individual
• Assault by contact
• Assault by threat

Potential Penalties for Physical Violence Convictions

The penalties for a conviction for physical violence in Texas vary depending on the offense classification and any aggravating factors. A family violence designation attached to any charge level adds collateral consequences that go beyond the sentence itself, including loss of firearm rights. Charges include:

• Class C Misdemeanor: Fine up to $500, no jail time.
• Class A Misdemeanor: Up to one year in jail, fine up to $4,000.
• State Jail Felony: 180 days to 2 years in a state jail facility, with a fine up to $10,000.
• Third-Degree Felony: Two to ten years in prison, fine up to $10,000.
• Second-Degree Felony: Two to twenty years in prison, fine up to $10,000.
• First-Degree Felony: Five to ninety-nine years or life in prison, fine up to $10,000.

What Are the Potential Defenses for Physical Violence Crimes in Texas?

Under Texas Penal Code § 9.31, a person is justified in using force when and to the degree they reasonably believe it is immediately necessary to protect themselves against another’s use or attempted use of unlawful force. Common defenses in these cases include:

• Self-defense: You used reasonable force to protect yourself from an imminent physical threat.
• Defense of a third party: You intervened to protect another person, such as a child, from immediate harm.
• False allegations: The accuser fabricated or exaggerated the incident, often in the context of a custody dispute or relationship conflict.
• Lack of intent: The contact was accidental and not the result of any intentional or knowing conduct.
• Insufficient evidence: The prosecution cannot prove the elements of the offense beyond a reasonable doubt based on the available evidence.
• Constitutional violations: Officers with the Austin Police Department or the Williamson County Sheriff’s Office violated your rights during the arrest, interrogation, or search.

The defense that applies to your case depends entirely on the specific facts and circumstances. We evaluate what actually happened, what the evidence shows, and where the prosecution’s case has weaknesses that can be challenged in the courtroom or during pretrial negotiations.

Why Choose CMK Defense, PLLC?

With more than 30 years of combined experience defending clients in Austin and throughout Central Texas, our trial attorneys at CMK Defense, PLLC, defend with purpose and think creatively to pursue the strongest possible outcome for clients facing misdemeanor and felony charges. From the Blackwell-Thurman Criminal Justice Center to hearings in Williamson and Hays County courts, we handle physical violence cases at every stage:

• Representing you at magistration, bond hearings, and protective order proceedings
• Investigating the circumstances of the alleged offense and the arrest
• Challenging improperly obtained evidence and unreliable witness testimony
• Negotiating with the Travis County District Attorney’s Office for reduced charges or pretrial diversion where eligible
• Preparing your case for trial when a plea does not serve your interests
• Pursuing deferred adjudication where available, which avoids a formal conviction but results in a record that can only be sealed through a nondisclosure order, not expunged

FAQ: What to Know After a Physical Violence Charge or Arrest

What If the Alleged Victim Was Not a Family Member?

The charge still applies, but without the family violence designation. An assault against a stranger or acquaintance is typically charged as a Class A misdemeanor or higher, depending on the circumstances. The absence of a family violence finding means you avoid some of the most severe collateral consequences, such as the permanent loss of firearm rights.

Can the Accuser Drop Domestic Violence Charges?

Not technically. Once the Austin Police Department or a different arresting agency makes an arrest and the case is referred to the District Attorney’s Office, the prosecution decides whether to move forward. However, they consider the complainant’s input about a possible resolution and sometimes they dismiss the case based on that.  The accuser cannot on their own withdraw or dismiss the charges on their own.

What Happens If You Violate a Protective Order?

Violating a protective order in Texas is a Class A misdemeanor on the first offense, with a maximum of one year in jail and a $4,000 fine. A third violation, or any violation involving an assault, becomes a third-degree felony punishable by two to ten years in prison. Judges in Hays and Williamson counties take these violations seriously and often impose bond conditions that further restrict your movement and contact.

Contact Our Austin Physical Violence Lawyers Now

A physical violence charge in Austin demands immediate attention, and the steps you take right now will determine how your case unfolds in court. Whether you are facing a misdemeanor assault or a felony allegation, our attorneys at CMK Defense, PLLC, have the courtroom knowledge and preparation to challenge the prosecution’s case and pursue every available path toward the best outcome.

We are here for you. Our Austin physical violence lawyers will analyze the charges, develop a defense strategy tailored to your situation when viable, and advocate for you at every stage from arraignment through resolution. Call (512) 375-3303 or connect with us online to schedule a consultation.