San Antonio Assault Attorney
Experienced Criminal Defense for Assault Charges in San Antonio, Texas
Trusted San Antonio Assault Lawyers Fighting for You
If you’re facing assault charges in San Antonio, TX, the stakes are high. A conviction can lead to jail time, hefty fines, and lasting damage to your reputation, career, and personal life. At Thornton Criminal Defense, our board-certified San Antonio assault attorney, Brad Thornton, brings years of courtroom experience as a former chief prosecutor to defend your rights. We understand the emotional and legal challenges you face, and we’re here to fight for the best possible outcome—whether that’s a dismissal, reduced charges, or an acquittal.
Contact us today for a free, confidential consultation at (210) 439-5627. Available 24/7 to answer your questions and start building your defense.
What Is Assault in Texas?
Under Texas Penal Code § 22.01, assault is defined as intentionally, knowingly, or recklessly:
- Causing bodily injury to another person (e.g., cuts, bruises, or broken bones).
- Threatening another person with imminent bodily injury.
- Causing physical contact that the person knows or should reasonably believe is offensive or provocative.
Assault charges in San Antonio range from misdemeanors to felonies, depending on the severity of the act, the victim, and whether a deadly weapon was involved. A skilled San Antonio assault attorney can help you navigate these complexities and build a strong defense.
Types of Assault Charges in San Antonio
Assault cases in Texas vary widely. Below are the most common types we defend at Thornton Criminal Defense:
- Assault by Contact: Offensive or provocative physical contact, classified as a Class C misdemeanor (up to $500 fine).
- Assault by Threat: Threatening imminent bodily injury, also a Class C misdemeanor.
- Assault Causing Bodily Injury: Physical harm to another, typically a Class A misdemeanor (up to 1 year in jail, $4,000 fine).
- Assault of a Peace Officer: Causing bodily injury to a law enforcement officer, a second-degree felony (2–20 years in prison, $10,000 fine).
- Assault of a Public Servant: Harming a government employee (e.g., firefighter, teacher), a third-degree felony (2–10 years, $10,000 fine).
- Aggravated Assault: Causing serious bodily injury or using a deadly weapon, a second-degree felony (up to 20 years, $10,000 fine).
- Domestic Assault: Assault against a family member or partner, ranging from misdemeanor to felony based on priors or severity.
- Sexual Assault: Non-consensual sexual contact or penetration, a second-degree felony (2–20 years, $10,000 fine).
Each case is unique, and our San Antonio assault lawyers tailor defenses to the specific charges you face.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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Understanding Bodily Injury and Mental States in Texas Criminal Law: Intentionally, Knowingly, and Recklessly
Bodily Injury is defined as physical pain, illness, or any impairment of physical condition.
In Texas, the mental states of intentionally, knowingly, and recklessly are used to determine the severity of a crime and the appropriate punishment. These mental states refer to the defendant’s state of mind at the time the crime was committed.
- Intentionally: This mental state means that the defendant acted with the specific purpose of committing the crime. For example, if a person intentionally hits another person with a closed fist, they did so with the purpose of causing bodily injury.
- Knowingly: This mental state means that the defendant was aware that their actions were likely to result in the commission of a crime. For example, if a person knowingly points a loaded gun at another person, they are aware that their actions could result in serious bodily injury or death.
- Recklessly: This mental state means that the defendant acted with disregard for the consequences of their actions. For example, if a person drives recklessly at high speeds and causes a car accident, they acted with disregard for the safety of others.
In general, crimes committed with the mental state of intentionally or knowingly are more serious than those committed recklessly. The specific mental state of the defendant will be considered when determining the appropriate punishment for a crime.
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Our Assault and Family Violence Case Results in San Antonio
At Thornton Criminal Defense, our skilled San Antonio attorneys have secured favorable outcomes for clients facing assault and family violence charges, leveraging our deep knowledge of Texas laws to achieve dismissals, reduced charges, and acquittals, though individual results may vary.
Punishment for Assault in San Antonio
The consequences of an assault conviction depend on the charge’s classification. Below is a breakdown:
Punishment Ranges
Level of Offense | Potential Incarceration | Potential Fine |
First-degree Felony | 5 - 99 years in prison | Up to $10,000 |
Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
- Aggravated Assault: This offense is classified as a second-degree felony, which carries a punishment of 2 to 20 years in prison and a fine of up to $10,000.
- Assault by contact: This offense is classified as a Class C misdemeanor, which carries a punishment of up to a $500 fine.
- Assault by threat: This offense is also classified as a Class C misdemeanor, with the same possible punishment as an assault by contact.
- Assault of a peace officer: This offense is also classified as a second-degree felony, which carries a punishment of 2 to 20 years in prison and a fine of up to $10,000. If the defendant used a deadly weapon during the commission of the assault, the offense is upgraded to a first-degree felony.
- Assault of a public servant: This offense is also classified as a third-degree felony, which carries a punishment of 2 to 10 years in prison and a fine of up to $10,000. If the defendant used a deadly weapon during the commission of the assault, the offense is upgraded to a first-degree felony.
In Texas, class A and B misdemeanor assault cases are typically heard in the county court of the county where the offense occurred. Class C assaults are heard either in the local municipal court of the Justice of the Peace. If the offense is classified as a felony, the case will be heard in the district court.
Collateral Consequences: Beyond fines and jail time, a conviction can result in:
- Loss of firearm rights.
- Employment difficulties due to a criminal record.
- Deportation or denial of citizenship for non-U.S. citizens.
- Loss of child custody or visitation rights in domestic assault cases.
Our team at Thornton Criminal Defense works tirelessly to minimize these impacts. Call (210) 439-5627 for a free consultation to discuss your case.
Defenses to Assault Charges in Texas
A strong defense can lead to dismissed or reduced charges. Common defenses we use include:
- Self-Defense: You reasonably believed force was necessary to protect yourself or another from imminent harm (Texas Penal Code § 9.31).
- Defense of Property: You used force to protect your property from imminent harm (§ 9.41).
- Lack of Intent: The injury was accidental, not intentional or knowing.
- Consent: The victim willingly participated in the activity (e.g., sports-related injuries).
- Mistake of Fact: You reasonably believed your actions were lawful due to a misunderstanding (§ 8.02).
- Factual Innocence: The prosecution’s evidence is insufficient, or you were wrongly identified.
Brad Thornton, a former prosecutor, knows how the state builds its case and uses this insight to challenge evidence, cross-examine witnesses, and negotiate with prosecutors.
Why Choose Brad Thornton as Your San Antonio Assault Attorney?
At Thornton Criminal Defense, we combine experience, strategy, and dedication to deliver results. Here’s why clients trust us:
- Former Chief Prosecutor: Brad Thornton spent years prosecuting cases from misdemeanors to felonies, giving him insider knowledge of the prosecution’s tactics.
- Board-Certified Expertise: As a board-certified criminal defense attorney, Brad is among the top in Texas.
- Proven Results: Successfully defended clients against simple assault, aggravated assault, domestic violence, and more.
- 24/7 Availability: We’re here when you need us most, offering free consultations and immediate support.
- Personalized Defense: Every case is unique, and we tailor our strategies to your specific situation.
Recognized Excellence: Brad Thornton has been named among the Elite Lawyers in Texas and holds a 10.0 Superb Avvo Rating. Review his Martindale profile here.
Facing Domestic or Sexual Assault Charges?
Domestic and sexual assault charges carry unique challenges, including emotional strain and severe penalties. Our San Antonio assault attorneys handle these sensitive cases with compassion and aggression:
- Domestic Assault: We defend against false accusations and protect your rights in family violence cases, which may involve spouses, partners, or children.
- Sexual Assault: As a second-degree felony, these charges require a sophisticated defense to counter allegations and protect your reputation.
We understand the personal toll of these charges and work to safeguard your future. Learn more about our domestic violence defense or sexual assault defense.
FAQs about Assault Charges in San Antonio
- Class C Misdemeanor: Up to $500 fine (e.g., minor offensive contact).
- Class A Misdemeanor: Up to 1 year in jail and/or $4,000 fine (e.g., causing bodily injury).
- Felony Assault: Up to 7 years in prison and/or $10,000 fine (e.g., aggravated assault). Factors like prior convictions or use of a weapon can increase penalties. An experienced criminal defense lawyer in San Antonio can work to reduce or dismiss charges, protecting your future.
- Analyzing evidence and identifying weaknesses in the prosecution’s case.
- Developing a tailored defense strategy, such as self-defense or mistaken identity.
- Negotiating plea deals or seeking charge reductions.
- Representing you in court to protect your rights. At Thornton Criminal Defense, our attorneys have extensive experience defending assault cases in San Antonio, ensuring you receive personalized and aggressive representation.
- Remain Silent: Avoid making statements to police without an attorney.
- Request a Lawyer: Contact a San Antonio criminal defense attorney immediately.
- Document Details: Write down everything you remember about the incident.
- Avoid Social Media: Do not post about your case online. Prompt action is crucial. Our team at Thornton Criminal Defense can guide you through the legal process, from bail hearings to trial, to achieve the best possible outcome.
Contact Our San Antonio Assault Lawyers Today
Don’t let an assault charge define your future. With Thornton Criminal Defense, you have a trusted ally in the courtroom. Our office in San Antonio serves clients throughout Bexar County and South Texas, including those facing charges in the Bexar County Courthouse and Criminal Justice Center.
Schedule your free consultation today by calling (210) 439-5627 or filling out our online contact form below. Let board-certified attorney Brad Thornton put his experience to work for you.
Office Location: 123 Main Street, San Antonio, TX 78205
Available 24/7 to protect your rights. Call now!