Assault & Family Violence Charges in Texas
By John Green / The Law Offices of John Green, PLLC
Assault cases often begin with a story told in a matter of minutes.
The case itself can take much longer to understand.
Police arrive after an argument, confrontation, or physical encounter. People may be angry, frightened, injured, intoxicated, or still trying to understand what just happened. Officers separate witnesses, ask questions, photograph injuries, review whatever evidence is immediately available, and make decisions based on what they know at that moment.
An arrest can follow quickly.
That arrest does not settle what actually happened.
The Law Offices of John Green represents people accused of assault and family violence throughout Central Texas.
John Green is a former prosecutor. He has evaluated criminal cases from the State’s side of the courtroom and now uses that experience to defend people accused of crimes.
The defense begins with the evidence—not the label placed on the case.
What Is Assault in Texas?
The word “assault” can describe different conduct under Texas law.
Depending on the allegation, an assault case may involve an accusation that someone intentionally, knowingly, or recklessly caused bodily injury to another person. Other assault allegations can involve threats of imminent bodily injury or certain types of physical contact.
The exact allegation matters.
So does the relationship between the people involved.
An accusation involving a spouse, dating partner, family member, household member, or certain other relationships can create issues involving Texas family-violence law in addition to the underlying assault allegation.
That can make the consequences of the case extend beyond the immediate criminal charge.
Before discussing strategy, you have to know exactly what the State says happened and exactly what it intends to prove.
Family Violence Is Not a Separate Version of the Facts
The phrase “family violence” can make an accusation sound as though a conclusion has already been reached.
It has not.
The State still has to prove the criminal allegation.
The relationship between the people involved can affect how Texas law treats the case and what consequences may follow, but it does not eliminate the need to examine the underlying evidence.
What happened before the police arrived?
Who called 911?
What was said during that call?
What did each person tell responding officers?
Were there injuries?
Were photographs taken?
Was there body-camera footage?
Were other people present?
Were there text messages, photographs, recordings, surveillance video, or other evidence?
Did someone act in self-defense?
Those questions can matter far more than the title written at the top of a police report.
The 911 Call Can Matter
In many assault cases, the first recorded version of events may be a 911 call.
That call can become important evidence.
It may capture statements made close in time to the incident. It may also reveal background sounds, statements from other people, the caller’s condition, or information about what officers expected to encounter before they arrived.
But a 911 call is still one piece of the case.
It should be considered alongside everything that came before and after it.
The first version of a story is evidence. It is not automatically the complete story.
Body-Camera Video Can Change the Way a Case Looks
Police body-camera footage can be particularly important in assault and family-violence cases.
A written report summarizes what an officer saw and heard.
Video may allow the defense to see portions of the investigation directly.
It can show the condition and demeanor of the people involved, visible injuries, statements made to officers, the physical surroundings, interactions among witnesses, and the way the investigation developed.
Sometimes the video supports the written report.
Sometimes it adds context.
Sometimes it creates questions.
The important point is that it should be reviewed.
When the evidence can be watched, the defense should not be limited to reading someone else’s description of it.
Injuries Matter. So Does How They Happened.
Photographs of an injury can be powerful evidence.
They do not necessarily answer every question.
A bruise, cut, scratch, swelling, or other injury may establish that an injury existed. The larger question can be how it occurred and what was happening when it occurred.
Was there a struggle?
Did both people use force?
Was someone trying to leave?
Was someone trying to prevent another person from entering or approaching?
Was someone defending themselves or another person?
Does the physical evidence fit the statements that were given?
Were there injuries to more than one person?
The existence of an injury and criminal responsibility for causing it are not always the same question.
What If I Acted in Self-Defense?
Texas law recognizes circumstances in which the use of force may be justified.
Whether self-defense applies depends on the facts and the law governing the particular situation.
That means the analysis cannot stop at the question:
“Did you use force?”
Sometimes the more important questions are:
Why was force used?
What was happening immediately before it?
What did the person reasonably believe at the time?
Who initiated the confrontation?
Was force being used or threatened by someone else?
What evidence supports that account?
Self-defense is not a phrase that automatically ends a prosecution. It is a legal issue that has to be developed from the evidence.
What If the Other Person Does Not Want to Press Charges?
This is one of the most common questions in family-violence cases.
The person who made the original allegation does not necessarily control whether the criminal case continues.
Once law enforcement and prosecutors become involved, the case belongs to the State.
A complaining witness may later say that they do not want prosecution to continue. They may disagree with the way the incident was characterized. They may want to change or clarify an earlier statement.
That information can matter.
But it does not automatically require the prosecutor to dismiss the case.
The State may look to other evidence, including 911 recordings, body-camera footage, photographs, witness statements, admissions, medical records, or other information.
“They don’t want to press charges” and “the case is dismissed” are not the same thing.
What If the Allegation Is False or Exaggerated?
Not every accusation accurately describes what occurred.
People can misunderstand events. Memories can differ. Arguments can escalate. Statements can be incomplete. An accusation can be exaggerated. And, in some cases, an allegation can be false.
That does not mean the defense should simply announce that the accusation is false and stop there.
The better question is:
What evidence demonstrates it?
Messages sent before or after the incident may matter.
Video may matter.
Witnesses may matter.
Prior statements may matter.
Physical evidence may matter.
The timeline may matter.
Internal inconsistencies may matter.
If an allegation is inaccurate, the defense should identify the evidence that shows why.
Family-Violence Cases Can Have Consequences Beyond the Courtroom
A family-violence allegation can create problems beyond the immediate criminal prosecution.
Depending on the circumstances, there may be bond conditions, restrictions on contact, protective-order issues, firearm consequences, immigration concerns, employment consequences, professional-licensing concerns, or effects on related family-law matters.
The consequences can also depend heavily on how the criminal case is ultimately resolved.
That is one reason an assault case should not be evaluated solely by asking what the fine or possible jail sentence might be.
The disposition can matter long after the last court setting.
Protective Orders and Criminal Cases Are Different Proceedings
An assault or family-violence allegation may sometimes be accompanied by a protective-order proceeding.
The two matters are related, but they are not necessarily the same case.
Different procedures and legal issues may apply.
A person facing both should understand what each proceeding is, what restrictions currently apply, and how decisions in one matter could affect the larger situation.
Most importantly, court orders and bond conditions should be taken seriously.
Disagreeing with an allegation does not create permission to disregard an existing order.
Do Not Try to Fix the Case Through Text Messages
After an arrest, there can be a strong temptation to explain, apologize, argue, obtain a recantation, or convince the other person to “tell the prosecutor what really happened.”
That can create additional problems.
There may already be bond conditions or court orders restricting contact.
Even where contact is lawful, texts, social-media messages, voicemail, and recorded conversations can become evidence.
Trying to personally manage the evidence after an arrest can make the case more complicated rather than less.
The time to start thinking carefully about evidence is before creating more of it.
What Happens After an Assault Arrest?
The precise process depends on the case.
There may be bond conditions imposed after the arrest. Those conditions can sometimes regulate contact, locations, firearms, or other conduct.
There will generally be court settings.
The State will develop and provide evidence through the criminal process.
The defense can then begin evaluating the reports, recordings, photographs, witness accounts, and other evidence associated with the allegation.
Legal issues may need to be researched.
Additional evidence may need to be located.
Negotiations may occur.
Motions may be appropriate.
And some cases need to be prepared for trial.
The strategy should develop from the evidence—not from assumptions about what usually happens in an assault case.
Can an Assault or Family-Violence Case Be Dismissed?
An assault case can be dismissed.
That does not mean every assault case will be dismissed, and no lawyer can responsibly promise that outcome simply from hearing the charge.
The useful question is what problems, if any, exist in the State’s case.
Is the evidence consistent?
Does the video support the allegation?
Are there credibility issues?
Is important evidence missing?
Does self-defense apply?
Can the State prove the required mental state?
Can it prove the alleged injury or conduct?
Are witness accounts materially different?
Has additional evidence changed the way the incident should be understood?
Those are the questions that can drive a defense.
A dismissal is an outcome. The defense is the work that may create the opportunity for one.
What If There Are No Visible Injuries?
The absence of a visible injury does not automatically mean there is no assault case.
Likewise, the existence of a visible injury does not automatically establish every element of an assault allegation.
The State’s burden depends on the specific offense charged and the evidence supporting it.
That is why the exact allegation matters.
A defense should be built around what the State is actually required to prove—not around assumptions about what an assault case is supposed to look like.
Assault Defense in San Marcos, New Braunfels, Seguin and Central Texas
The Law Offices of John Green is based in San Marcos.
John represents people accused of assault and family violence throughout Central Texas, including Hays County, Guadalupe County, and Comal County.
That includes cases arising in and around San Marcos, New Braunfels, Seguin, and the surrounding communities.
John began his career as a prosecutor in Guadalupe County.
That experience gave him firsthand exposure to the way prosecutors receive, evaluate, and prepare criminal cases.
Today, he approaches those files from the other side of the courtroom.
The question is no longer whether there is enough information to accuse someone of an offense.
The question is:
What can the State actually prove?
Accused of Assault? Start With What Actually Happened.
An arrest tells you what the police believed when they made the arrest.
It does not tell you how the case will end.
Assault and family-violence cases can involve complicated relationships, conflicting accounts, incomplete information, physical evidence, recordings, and legal issues that are not apparent from the initial charge.
Before making decisions about the case, understand the evidence.
Start with a conversation.
The Law Offices of John Green, PLLC
San Marcos, Texas
Criminal Defense Throughout Central Texas
Law Offices of John Green 