Being arrested for assault in Texas can be a life-altering event. Whether the charge stems from a heated argument, a misunderstanding, or an act of self-defense, the legal consequences can be severe. Texas takes assault cases seriously, and depending on the nature of the incident, you could be facing anything from a misdemeanor to a felony—with potential jail time, fines, and long-term damage to your personal and professional life.

If you’ve been arrested for assault in Texas, your next steps are critical. Here’s what you need to do to protect your rights, your freedom, and your future.

1. Stay Calm and Comply with Law Enforcement

The moments following your arrest can be emotionally charged. You may feel shocked, angry, or scared. But it’s crucial to remain calm and comply with the officers' instructions. Resisting arrest or arguing with police can lead to additional charges and make your case more difficult to defend later.

Even if you believe you’ve done nothing wrong, avoid confronting the arresting officers. Stay quiet, stay calm, and avoid saying anything that could be used against you in court.

2. Exercise Your Right to Remain Silent

You have a constitutional right to remain silent—and you should use it. Anything you say to police, investigators, or others during or after your arrest can be used as evidence against you.

Don’t try to explain your side of the story, argue your innocence, or answer questions about the incident. Politely inform law enforcement that you are invoking your right to remain silent and that you would like to speak with an attorney before answering any questions.

3. Request an Experienced Texas Assault Defense Lawyer

The sooner you involve an attorney, the better. A skilled Texas criminal defense attorney who specializes in assault cases can begin protecting your rights immediately. Your domestic assault defense lawyer will review the charges, examine the evidence, and develop a defense strategy tailored to your situation.

Even if the charges seem minor—such as a Class C misdemeanor for verbal threats—don’t assume you can handle the case alone. A conviction could still lead to a criminal record and other long-term consequences.

4. Understand the Charges Against You

Assault charges in Texas can vary widely in severity. Under Texas Penal Code § 22.01, assault can include:

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  Threatening another person with bodily harm (even without contact)

  
  


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  Causing bodily injury to another person

  
  


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  Making physical contact that is offensive or provocative

  
  

Depending on the circumstances, assault may be charged as:

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  Class C Misdemeanor – For verbal threats without physical harm (fine up to $500)

  
  


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  Class A Misdemeanor – For causing bodily injury (up to 1 year in jail and $4,000 fine)

  
  


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  Third-Degree Felony – For assault on a public servant, family violence with a prior conviction, or certain protected victims (2–10 years in prison and up to $10,000 in fines)

  
  


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  Second-Degree Felony or Higher – In aggravated assault cases involving deadly weapons or serious bodily injury

  
  

Knowing what you’re up against is vital for building your defense.

5. Gather and Preserve Evidence

As soon as possible, write down everything you remember about the incident: what happened, where it occurred, who was involved, and any witnesses. These notes can help your attorney later if your memory fades over time.

If you have access to text messages, social media interactions, photos, or videos related to the incident, save and share them with your attorney. Avoid deleting or altering anything that could be considered evidence, even if you think it may harm your case. Yourdefense lawyer needs the full picture.

6. Avoid Contact with the Alleged Victim

Even if you think the situation can be resolved with a simple conversation or apology, do not contact the alleged victim. This includes phone calls, texts, emails, or social media contact. If a protective order or no-contact condition has been issued by the court, violating it can result in further charges and complicate your case.

Let your attorney handle any necessary communication related to the case.

7. Follow All Court Orders and Appearances

After your arrest, you will likely be given a court date for an arraignment or hearing. It’s crucial to attend all scheduled appearances and follow any conditions set by the court, such as no-contact orders or travel restrictions.

Failing to appear or comply with court orders can lead to a warrant for your arrest and increase the likelihood of a conviction.

8. Explore Possible Defenses with Your Attorney

Every assault case is different. Depending on the facts, your attorney may be able to argue:

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  Self-defense – You acted to protect yourself from harm.

  
  


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  Defense of others – You intervened to protect someone else.

  
  


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  Mutual combat – Both parties willingly participated in the altercation.

  
  


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  Lack of intent – The contact was accidental, not intentional.

  
  


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  False accusation – The charges are based on a misunderstanding or false claim.

  
  

A knowledgeable Texas assault attorney will analyze the case from every angle to identify the best defense strategy.

9. Be Mindful of Your Behavior While the Case is Pending

Your behavior outside of court can influence how your case is viewed. Stay out of trouble, comply with all legal requirements, and avoid actions that could cast you in a negative light—especially on social media.

Let your lawyer guide you on how to conduct yourself during the legal process to avoid jeopardizing your case.

Final Thoughts

Being arrested for assault in Texas is a serious matter, but it doesn’t have to define your future. By taking the right steps immediately—exercising your rights, hiring a skilled defense attorney, and cooperating with legal proceedings—you can give yourself the best possible chance at a favorable outcome.

If you or someone you love has been charged with assault, don’t face it alone. Contact a trusted Texas criminal defense lawyer to start building your defense today.