An argument escalates. A tense moment turns physical. Suddenly, the police are called, and you find yourself arrested for misdemeanor assault—even if no one was seriously hurt. In Texas, a shove, a raised voice, or an accusation alone can result in criminal charges, leaving you with steep fines, a criminal record, and even jail time. But a charge does not mean a conviction—and you have the right to defend yourself. At The Carmichael Law Firm PC, our Dallas misdemeanor assault lawyer is committed to providing strategic legal defense to protect your freedom, challenge the prosecution’s case, and work toward the best possible outcome.
What Constitutes Misdemeanor Assault in Texas?
Under Texas law, assault occurs when a person:
- Intentionally, knowingly, or recklessly causes bodily injury to another person;
- Threatens another person with imminent bodily injury, even if no physical harm occurs; or
- Engages in physical contact that is offensive or provocative, such as grabbing someone aggressively or shoving them during an argument.
A misdemeanor or simple assault charge can arise from an incident involving:
- Strangers—bar fights, road rage incidents, or disputes in public spaces;
- Friends or acquaintances—heated arguments that escalate into physical contact;
- Family members or domestic partners—domestic assault may carry additional consequences; and
- Law enforcement or public servants—assaulting a police officer or government official can lead to enhanced penalties.
Texas law does not require significant injury for an assault charge—even minor pain, bruising, or a verbal threat can result in criminal charges.
Misdemeanor Assault Penalties in Texas
The severity of misdemeanor assault penalties depends on the nature of the charge:
- Class C misdemeanor. Threats or offensive contact is punishable by a $500 fine (no jail time).
- Class B misdemeanor. Assault against a sports official, like a referee, is punishable by up to 180 days in jail and a $2,000 fine.
- Class A misdemeanor. Assault causing bodily injury is punishable by up to one year in jail and a $4,000 fine.
If the alleged victim is a family member, dating partner, or household member, the case may be classified as domestic violence, leading to additional legal consequences such as protective orders, firearm restrictions, and enhanced penalties for future offenses.
Defenses Against Misdemeanor Assault Charges
At The Carmichael Law Firm PC, a Dallas misdemeanor assault attorney will carefully analyze every aspect of your case and build a defense strategy tailored to your situation. Common defenses include:
- Consent to physical contact. If both parties engaged in mutual combat or agreed to the physical interaction, this may serve as a valid legal defense.
- Self-defense. Texas law allows individuals to use reasonable force to protect themselves. If you were defending yourself from an aggressive individual and your response was necessary to prevent harm, this could justify a dismissal of charges.
- Lack of intent. Assault charges require intentional or reckless actions. We can argue that no crime occurred if the physical contact was accidental or misinterpreted.
- False accusations. False allegations can result from personal disputes, jealousy, or even a heated breakup. If an accuser has a motive to exaggerate or fabricate claims, we work to uncover inconsistencies and present evidence proving the truth.
- Violation of your rights. If law enforcement fails to read your rights, conducts an unlawful search, or uses excessive force, we can challenge the admissibility of evidence and seek to dismiss the case.
A robust defense strategy can be transformative, leading to reduced penalties, exploring alternative sentencing options, or achieving a complete dismissal of charges.
What The Carmichael Law Firm PC Can Do for You
If you face misdemeanor assault charges, our Dallas misdemeanor assault lawyer provides aggressive defense strategies, guiding you through every legal hurdle to protect your freedom and reputation. Here’s how we help:
- Comprehensive case review. A confidential consultation where we assess your case, explain your charges, and outline your best defense strategies.
- Client-focused defense. We take a hands-on approach, prioritizing your future and fighting to protect your reputation, freedom, and legal standing.
- In-depth investigation. Our team thoroughly examines police reports, witness statements, surveillance footage, and available physical evidence to find weaknesses in the prosecution’s case.
- Aggressive negotiation and court representation. We negotiate with prosecutors for reduced charges or dismissal and will fight for your rights in court when necessary.
- Personalized legal guidance. We keep you informed at every step, ensuring you understand your rights and legal options while providing clear, strategic advice tailored to your situation.
When you work with us, you gain a dedicated legal team that stands by your side from start to finish. We understand what’s at stake, and we’re here to fight for the best possible outcome in your case.
Facing Charges? Contact a Dallas Misdemeanor Assault Lawyer
A misdemeanor assault charge can have serious consequences, affecting your future in ways you may not yet realize. While the prosecution is already building a case against you, the right legal strategy can turn the tide in your favor. Now is the time to act.
At The Carmichael Law Firm PC, we fight for your rights, protect your freedom, and work toward the best possible resolution. Whether we negotiate for a dismissal, reduced charges, or take your case to trial, we stand with you every step of the way. Contact us today for a consultation and let us help you navigate your defense strategy.
Frequently Asked Questions
Can a Misdemeanor Assault Charge Be Dropped or Dismissed?
Yes—but not automatically. The prosecutor, not the alleged victim, can dismiss charges. Dismissal may happen if:
- Evidence is insufficient,
- The alleged victim recants their statement,
- A viable legal defense is presented early, or
- The defendant completes a pretrial diversion program.
Our experienced Dallas misdemeanor assault defense lawyer can often negotiate for reduced charges or dismissal, depending on the circumstances.
Can a Misdemeanor Assault Conviction Be Expunged in Texas?
Generally, you cannot expunge a conviction. However, certain dismissed cases may qualify for expunction or nondisclosure (record sealing) if:
- The charge was dismissed,
- You completed a deferred adjudication, or
- You were found not guilty.
Eligibility timelines and rules vary, so consult an attorney for case-specific guidance.
Does a Misdemeanor Assault Affect Gun Rights in Texas?
Yes. Under federal law, a conviction for a domestic violence-related assault, even a misdemeanor, can bar you from owning or possessing firearms. Texas also enforces firearm restrictions for individuals under protective orders or those convicted of certain offenses involving family or dating violence.
Will a Misdemeanor Assault Conviction Affect My Job or Professional License?
A conviction can appear on background checks and impact employment opportunities, especially in industries requiring professional licenses. However, record sealing or expunction may be available to minimize long-term consequences.