When an Argument Turns Criminal: Assault & Domestic Violence Defense in Austin, Texas

A heated argument. A push. A shove. A moment of anger. In Texas, what starts as a family dispute can end with a criminal charge that follows you for years. Assault and domestic violence cases are among the most aggressively prosecuted offenses in the state. A conviction can mean jail time, a permanent criminal record, loss of firearm rights, and a protective order that restricts your freedom. The consequences extend to your job, your housing, and your relationship with your children.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against assault and domestic violence charges. Whether you are accused of a physical altercation with a family member, a partner, or a stranger, we understand how quickly a situation can escalate. Our attorneys have spent decades in Travis County courtrooms and beyond, handling these sensitive cases with skill and discretion.

We know that domestic violence cases often hinge on the word of the alleged victim. We know how to challenge the evidence, present self-defense, and build a defense that protects your rights and your future. We know that a moment of anger should not define your life.

If you are facing an assault or domestic violence charge, you are not alone. Let us help you fight back.

Understanding Assault in Texas

Under Texas law, assault is defined broadly. It can include causing bodily injury, threatening imminent bodily injury, or causing offensive physical contact.

The Elements:

The State must prove:

• You caused bodily injury to another

• OR you threatened another with imminent bodily injury

• OR you caused offensive physical contact with another

When It Becomes Domestic Violence:

Assault becomes “family violence” when the victim is:

• A family member (spouse, parent, child, sibling)

• A household member (someone who lives with you)

• A dating partner

The Penalty:

• Class C Misdemeanor: Threatening imminent bodily injury (fine only)

• Class A Misdemeanor: Assault causing bodily injury (up to 1 year in jail)

• Third-Degree Felony: Assault with prior family violence conviction (2 to 10 years)

• Second-Degree Felony: Aggravated assault causing serious bodily injury or using a deadly weapon (2 to 20 years)

For residents across Central Texas, an assault conviction can mean jail time and a permanent criminal record.

What Is the Penalty for Assault Family Violence in Texas?

The penalty for assault family violence depends on the nature of the offense and whether there are prior convictions.

Assault Family Violence (Threat):

• Class C misdemeanor

• Fine of up to $500

• No jail time

Assault Family Violence (Bodily Injury):

• Class A misdemeanor

• Up to 1 year in jail

• Fine of up to $4,000

Assault Family Violence with Prior Conviction:

• Third-degree felony

• 2 to 10 years in prison

• Fine of up to $10,000

Aggravated Assault Family Violence:

• Second-degree felony

• 2 to 20 years in prison

• Fine of up to $10,000

Collateral Consequences:

• Firearm Prohibition: A domestic violence conviction results in lifetime loss of firearm rights under federal law

• Protective Order: The court will issue a protective order restricting your contact with the alleged victim

• Custody: A conviction can affect child custody and visitation

• Employment: Many employers will not hire individuals with domestic violence convictions

• Professional Licensing: Licensing boards may deny or revoke licenses

• Immigration: Non-citizens may face deportation

For those in the Austin area, a domestic violence conviction can change your life forever.

How to Defend an Assault Charge

Defending against an assault charge requires a strategic approach. The State must prove you caused injury or threatened harm.

Defense 1: Self-Defense

Self-defense is a complete defense to assault. You must show:

• You reasonably believed you were in imminent danger of harm

• The force you used was reasonable and proportional

• You did not provoke the confrontation

Defense 2: Defense of Others

You may use force to protect another person from imminent harm.

Defense 3: False Allegations

Domestic violence allegations often arise in the context of:

• Contentious breakups

• Custody disputes

• Revenge

• Misunderstandings

Evidence of false allegations may include:

• Inconsistent statements by the accuser

• Motive to lie

• Witnesses who contradict the accuser’s story

• The absence of physical evidence

• Communications showing the accuser invited contact

Defense 4: No Injury

For a Class A misdemeanor, the State must prove bodily injury. If there is no evidence of injury—no bruises, no medical treatment, no pain—you have a defense.

Defense 5: No Assault Occurred

If the alleged conduct does not meet the definition of assault, you have a defense. For example:

• The contact was accidental

• The contact was not offensive

• There was no threat of imminent bodily injury

Defense 6: Mutual Combat

When both parties were engaged in a mutual fight, neither may be the “victim.” Texas law allows for defense of mutual combat in some circumstances.

For those in Central Texas, a strong defense can mean the difference between a conviction and a dismissal.

Self-Defense: The Most Powerful Defense

Self-defense is a complete defense to assault. If you were protecting yourself from imminent harm, you cannot be convicted.

What the State Must Prove:

The State must prove beyond a reasonable doubt that you did not act in self-defense. If the evidence raises a reasonable doubt, you must be acquitted.

Elements of Self-Defense:

• Imminent Danger: You reasonably believed you were in imminent danger of harm

• Proportional Force: The force you used was reasonable and proportional to the threat

• No Provocation: You did not provoke the confrontation

Stand Your Ground:

Texas has a “stand your ground” law. You have no duty to retreat before using force if you are in a place where you have a right to be.

For those in the Austin area, self-defense is often the key to an acquittal.

False Allegations in Domestic Violence Cases

Domestic violence allegations are often made in the context of contentious breakups, custody disputes, or revenge. False allegations are more common than many people realize.

Why False Allegations Happen:

• Leverage in custody disputes

• Revenge for the end of a relationship

• Retaliation for a perceived wrong

• Mental health issues of the accuser

• Miscommunication or misunderstanding

Evidence of False Allegations:

• Inconsistent statements by the accuser

• Motive to lie

• Witnesses who contradict the accuser’s story

• The absence of physical evidence

• Prior false allegations by the same accuser

• Communications showing the accuser invited contact

The Danger:

A false allegation can lead to a criminal charge, a protective order, and a permanent criminal record. Your attorney must aggressively challenge the accuser’s credibility.

For residents across Central Texas, false allegations require the most aggressive defense.

Protective Orders in Domestic Violence Cases

When a domestic violence charge is filed, the court will almost certainly issue a protective order. This order restricts your contact with the alleged victim.

What a Protective Order Does:

• Prohibits contact with the protected person

• May exclude you from your home

• May give the protected person temporary custody of children

• Prohibits possession of firearms

Violation of a Protective Order:

• Violation of a protective order is a separate criminal offense

• Even a text message or chance encounter can result in new charges

Challenging the Protective Order:

• You have the right to a hearing to challenge the order

• Your attorney can present evidence that the order is unnecessary

• You can negotiate agreed orders that minimize restrictions

For those in the Austin metro area, a protective order can disrupt your life—but it can be challenged.

The Impact of a Domestic Violence Conviction on Gun Rights

A domestic violence conviction—even a misdemeanor—results in a lifetime loss of firearm rights under federal law.

What the Law Says:

Under 18 U.S.C. Section 922(g), any person convicted of a misdemeanor crime of domestic violence is prohibited from owning or possessing firearms for life.

What Qualifies:

• Assault family violence

• Any offense involving the use or attempted use of physical force against a family member, household member, or dating partner

The Consequences:

• Lifetime prohibition on owning or possessing firearms

• Any firearm you own must be transferred or surrendered

• Possession is a federal felony

Protecting Your Gun Rights:

• Avoid a Conviction: The best way to protect your gun rights is to avoid a domestic violence conviction

• Seek Deferred Adjudication: Deferred adjudication is not a conviction and may not trigger the federal prohibition

• Challenge the Charge: If the alleged victim does not meet the definition of family member, the federal prohibition may not apply

For residents across Central Texas, protecting your gun rights is a critical part of domestic violence defense.

Deferred Adjudication for Assault

For first-time offenders, deferred adjudication may be available for assault charges—even for domestic violence cases.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 1-2 years)

• Conditions may include anger management, community service, fines, and no contact with the alleged victim

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior criminal history

• The case does not involve serious injury or a weapon

The Benefit:

• No conviction on your record

• No loss of firearm rights (in most cases)

• No permanent criminal record

For those in the Austin area, deferred adjudication is often the goal in an assault case.

Frequently Asked Questions About Assault & Domestic Violence in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about assault charges. Here are the answers to the most common inquiries we receive.

What is the penalty for assault family violence in Texas?

Assault causing bodily injury is a Class A misdemeanor (up to 1 year in jail). Assault with a prior conviction is a third-degree felony (2 to 10 years).

What is the difference between assault and aggravated assault?

Assault is a misdemeanor. Aggravated assault involves serious bodily injury or the use of a deadly weapon and is a second-degree felony (2 to 20 years).

What is self-defense?

Self-defense is a complete defense to assault. If you reasonably believed you were in imminent danger and used proportional force, you cannot be convicted.

Will I lose my guns if I am convicted?

Yes. A domestic violence conviction results in a lifetime loss of firearm rights under federal law.

What is a protective order?

A protective order is a court order that restricts your contact with the alleged victim. Violation is a separate crime.

Can I get deferred adjudication for assault?

Yes, in some cases. First-time offenders may be eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.

Do I need an attorney for an assault charge?

Yes. An assault conviction can result in jail time, loss of firearm rights, and a protective order. An experienced attorney can challenge the evidence and seek deferred adjudication.

Why Barton & Associates for Assault & Domestic Violence Defense in Austin

Assault and domestic violence cases are among the most sensitive and high-stakes cases we handle. Our attorneys have spent decades in courtrooms across Central Texas, defending clients against these charges with skill and discretion.

We know the local prosecutors. We know the judges. We know how to challenge false allegations, present self-defense, and fight to keep a conviction off your record.

Take the First Step Toward Protecting Your Future

If you are facing an assault or domestic violence charge, your freedom, your rights, and your future are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Misdemeanors
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)