Assault Charges Attorney in Amarillo, Texas
The Facts Matter — We Make Sure the Court Hears Yours
Assault charges in Texas often come down to a disputed account of events — what happened, who started it, what was said, and who bears responsibility. The prosecution has law enforcement reports and, in some cases, an alleged victim’s statement. You have your version of events, your witnesses, and your right to an aggressive defense. As an assault charges attorney in Amarillo, Texas, Jarrett Johnston and Ethan Colley at Stockard, Johnston, Brown, Netardus & Doyle build the case for your account — challenging the prosecution’s evidence, identifying inconsistencies, and pursuing every available legal defense.
Assault Charges in Texas — What the Prosecution Must Prove
Texas Penal Code § 22.01 defines assault as intentionally, knowingly, or recklessly causing bodily injury to another person — or intentionally or knowingly threatening another with imminent bodily injury — or intentionally or knowingly causing physical contact with another person when the defendant knows or should reasonably believe that the other will regard the contact as offensive. The charge can be established by causing actual injury, by making a credible threat, or by offensive contact — even without injury. That breadth means assault charges arise from a wide range of situations.
What elevates a simple assault to aggravated assault — a much more serious charge — is the use of a deadly weapon or the causation of serious bodily injury. As an assault charges attorney in Amarillo, Texas, the first thing we evaluate is the classification of the charge, the evidence supporting it, and the defenses available at every level of the case.
Assault Cases We Handle in Amarillo and the Texas Panhandle
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Simple Assault (Class A Misdemeanor)
Intentionally causing bodily injury. Punishable by up to one year in county jail and a fine of up to $4,000. -
Assault Causing Bodily Injury
Threatening another with imminent bodily injury or causing offensive contact. In some circumstances, this may be charged as a Class B misdemeanor. -
Aggravated Assault (Second or First Degree Felony)
Assault involving a deadly weapon or causing serious bodily injury. Punishable by two to twenty years for a second-degree felony, or five to ninety-nine years for a first-degree felony. -
Assault of a Public Servant
Assaulting a police officer, firefighter, or other public servant carries enhanced penalties and is typically charged as a third-degree felony or higher. -
Family Violence Charges
Assault within a domestic or family relationship is prosecuted under the family violence enhancement, which carries additional consequences for housing, employment, and firearm rights. -
Continuous Violence Against the Family
A felony charge based on two or more family violence offenses committed within a twelve-month period. -
Sexual Assault
A separate and more serious category of assault charges carrying felony penalties and sex offender registration requirements.
How We Defend Assault Charges in Amarillo Courts
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Self-Defense
Texas law provides a robust right to self-defense, including the use of force necessary to protect oneself from another's use or attempted use of unlawful force. We document the circumstances that justified defensive action and present a clear self-defense argument. -
Defense of Others
Texas law also permits the use of force to defend a third party from unlawful attack. We establish the circumstances that made defensive intervention lawful. -
Challenging Witness Credibility
In cases involving disputed accounts of events, inconsistencies in the alleged victim's account, prior inconsistent statements, and motive to fabricate are all legitimate areas of challenge. -
Challenging Evidence of Injury
The prosecution must establish that injury occurred and that it was caused by the defendant. Medical evidence, photographs, and expert testimony can all be challenged. -
Lack of Intent
Assault requires intentional, knowing, or reckless conduct. Accidental contact does not satisfy the intent element. -
Mutual Combat
Where both parties engaged in fighting by mutual consent, the defense can challenge the characterization of the conduct as criminal assault. -
False Allegation Defense
In family violence and domestic situations, false allegations are a recognized reality. We examine the relationship between the parties, the history of the allegations, and the motivations of all involved.
What an Assault Conviction Means in Texas
Criminal Record
A conviction for even a Class A misdemeanor assault creates a permanent record affecting employment, housing, and background checks.
Family Violence Enhancement
An assault conviction involving a family member carries the family violence finding — which prohibits possession of firearms under federal law and can be used to enhance future offenses to felony status.
Protective Orders
Assault convictions, particularly in family violence cases, are often accompanied by protective orders that can restrict where you live, work, and travel.
Employment Consequences
Many employers, professional licensing boards, and government agencies conduct background checks that will reveal an assault conviction.
Felony Assault Consequences
Aggravated assault convictions at the felony level carry prison sentences and the permanent loss of civil rights — including the right to vote and the right to possess firearms.
Family Violence Cases in Texas — Prosecutors Can Proceed Without the Victim
One of the most misunderstood aspects of family violence cases in Texas is that the prosecutor can pursue the case even if the alleged victim does not want to press charges or recants their statement. Texas prosecutors treat family violence as a public safety matter and have the authority to proceed based on other evidence — including the initial 911 call, officer observations, photographs of injuries, and prior incidents. If you have been charged with family violence, the case will not simply go away because the alleged victim changes their mind. You need a defense attorney immediately.
Two Amarillo Criminal Defense Attorneys Ready to Fight Your Assault Charge
Assault charges — particularly family violence charges — are prosecuted aggressively in the Amarillo courts. Jarrett Johnston has been defending clients against assault charges in Potter County and Randall County since 2004, handling cases from Class B misdemeanor threats through first-degree felony aggravated assault. Ethan Colley brings additional criminal defense capacity to the team.
Together they bring the local court knowledge, the witness challenge experience, and the trial readiness that assault defense requires. As an assault charges attorney in Amarillo, Texas, Jarrett’s record of securing dismissals and favorable resolutions reflects his commitment to fighting every case until the best available outcome is achieved.
Assault Charge Questions — Answered
Can an assault charge be dismissed in Texas?
Yes. Assault charges — including family violence charges — are dismissed in Texas when the evidence is insufficient, when self-defense is established, when witness testimony is unreliable or recanted, or when procedural issues affect the prosecution’s ability to proceed. Dismissal is not guaranteed, but it is achievable with the right defense strategy built from the beginning of the case.
What happens if the alleged victim does not want to press charges?
In Texas, the decision to prosecute belongs to the District Attorney or City Attorney — not the alleged victim. The prosecution can proceed without the victim’s cooperation and often does so in family violence cases. The victim’s reluctance to testify can be a factor in how the case proceeds, but it does not automatically result in dismissal.
What is the difference between assault and aggravated assault in Texas?
Simple assault in Texas involves intentionally causing bodily injury, threatening imminent bodily injury, or causing offensive contact. Aggravated assault involves the use or exhibition of a deadly weapon during the assault, or the causation of serious bodily injury. Aggravated assault is a second degree felony in most circumstances, increasing to a first degree felony when the victim is a public servant or when certain other enhancements apply.
Charged With Assault in Amarillo? Your Defense Starts Now.
Assault cases develop quickly and early decisions — what you say, what evidence is preserved, and whether witnesses are interviewed — can significantly affect the outcome. Contact Stockard, Johnston, Brown, Netardus & Doyle for a free consultation with an experienced assault charges attorney in Amarillo who will begin building your defense immediately.