Assault Crimes Lawyer In Orange, TX
Texas assault charges run from a fine-only Class C to a first degree felony, and the difference often comes down to a single fact: who was involved, what was used, or how badly someone was hurt. This page is an overview of the offenses in this category and how a case moves through the courts in the county.
What Are Assault Crimes In Texas?
Assault crimes in Texas start with Penal Code § 22.01, which covers causing bodily injury, threatening imminent bodily injury and offensive contact. Added facts raise the charge: a deadly weapon or serious injury makes it aggravated assault, a family relationship makes it family violence, and a child, elderly or disabled victim makes injury a felony.
Understanding Texas Law
How Does Texas Law Define Assault Crimes In Orange County?
Most assault-type charges in Texas start from the same place: Penal Code § 22.01, which defines assault as causing bodily injury, threatening imminent bodily injury, or making offensive physical contact. The first is a Class A misdemeanor. The other two are Class C.
From there, the Penal Code adds one fact at a time. Each added fact is an element the state has to prove, and each one moves the charge to a different statute, a different level, or a different set of consequences.
The single facts that change an assault charge:
- A serious injury or a deadly weapon makes it aggravated assault, a second degree felony
- A family, household or dating relationship makes it family violence, with protective orders and a firearm prohibition attached
- A peace officer or judge on duty makes it a second degree felony
- A child, an elderly person or a disabled person makes every level of injury a felony
Threats, reckless danger with a firearm, and holding someone against their will have statutes of their own, covered on the pages for each charge below.
Penalties And Consequences
What Are The Penalties For Assault Crimes In Texas?
A misdemeanor assault and a felony assault are prosecuted by the same office but heard in different courts. The table sets out the main charges in this category and their levels. These are statutory limits, not predictions.
Fine only, no jail.
Up to a $4,000 fine.
Fine of up to $10,000.
- Assault by threat or offensive contact
- Class C misdemeanor under § 22.01(a)(2) and (a)(3). A fine of up to $500, no jail.
- Assault causing bodily injury
- Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000.
- Terroristic threat, § 22.07
- Class B misdemeanor at the base level, rising to a third degree felony depending on who was threatened and what the threat was meant to cause.
- Deadly conduct, § 22.05
- Class A misdemeanor for reckless conduct. Third degree felony for discharging a firearm at people, a home or a vehicle.
- Family violence assault
- Class A misdemeanor on a first bodily injury offense. Third degree felony with a qualifying prior or when breathing or circulation was impeded, second degree with both.
- Assault on a public servant
- Third degree felony. Second degree felony when the person was a peace officer or judge on duty.
- Aggravated assault, § 22.02
- Second degree felony, two to twenty years. First degree felony in a short list of situations.
- Injury to a child, elderly or disabled person, § 22.04
- State jail felony to first degree felony, set by the injury and the mental state.
- Kidnapping and aggravated kidnapping
- Third degree felony and first degree felony. Unlawful restraint, the lowest step, is a Class A misdemeanor.
A family violence conviction, even a Class A misdemeanor, triggers the federal firearm prohibition in 18 U.S.C. § 922(g)(9), and Texas adds a five year prohibition of its own under Penal Code § 46.04(b).
Real Questions
What Do People Ask About Assault Crimes In Texas?
What consequences start before a conviction?
What findings can outlast the sentence?
What if a crash caused the injury?
Can a threat alone be a crime?
How are cases involving children or elderly people different?
Possible Defenses
How Can Assault Crimes Be Defended?
The defenses that matter depend on the charge, but several come up across the category. An attorney reviews what the state can prove, what the evidence shows and what the law allows. No result can be promised.
Chapter 9 of the Penal Code makes force justified in several situations, including self-defense and defense of others. When the evidence raises it, the state has to disprove it beyond a reasonable doubt. Deadly force has a stricter standard than ordinary force.
The charge is only as strong as its added fact.
Because many assault-type felonies rest on one added element, such as serious injury, a weapon, a relationship or a victim's age, the evidence on that element gets the closest look. If the state cannot prove it, the case may come back to a lower offense.
Evidence in these cases often includes 911 audio, body camera footage, medical records, photographs and messages.
The Added Fact
Can the state prove the injury level, weapon, relationship or victim status that raises the charge?
Self-Defense
Did the person reasonably believe force was immediately necessary?
The Mental State
Was the act intentional, knowing, reckless or an accident?
The Recordings
What do 911 audio, body camera and phone video show?
The Statements
Were statements at the scene given after proper warnings?
The Record Later
What will a plea or finding mean for firearms, work and sealing a record?
Local Process
What Happens After An Assault Arrest In Orange County?
The early steps are the same statewide. The court, the prosecutor's office and the jail below are those of Orange County.
Booking And The Magistrate
After arrest, a person is booked and brought before a magistrate, who sets bond and conditions. In a family violence arrest, an emergency protective order can issue at this hearing.
Charging
A misdemeanor proceeds on a complaint and information. A felony goes to a grand jury, which decides whether to indict.
Evidence And Court
The defense can request the state's evidence under article 39.14. The case is then set for hearings, negotiation or trial.
- Where it is filed
- Misdemeanors are filed in one of the Orange County Courts at Law. Felonies go to a grand jury and, if indicted, to one of the county's three district courts: 128th District Court, 163rd District Court, and 260th District Court.
- Who prosecutes
- The Orange County District and County Attorney's Office, which handles the misdemeanor and felony dockets from one office.
- Who makes the arrest
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street, run by the Orange County Sheriff's Office.
- If the case is appealed
- The Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After An Assault Accusation?
These steps are general information, not advice for any one person.
Read Your Bond Conditions
Follow every no-contact or stay-away condition, even if the other person reaches out.
Do Not Discuss The Facts
Statements to police, the other person or friends can become evidence.
Preserve Your Evidence
Keep messages, photographs and the names of anyone who saw what happened.
Ask About Firearms
A protective order or conviction can restrict them, so ask before moving or selling any.
Note Court Dates
A missed setting can lead to a warrant and a bond problem.
Stay Off Social Media
Posts about the incident or the other person can be used by the state.
Choose the page for your charge to see its elements, penalties and defenses in detail, then talk to a lawyer before making decisions that cannot be undone. Mitchell Law Firm offers a confidential conversation about assault charges in Orange County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 22: Assaultive offenses
- Texas Penal Code Chapter 20: Kidnapping and unlawful restraint
- Texas Penal Code Chapter 9: Justification, including self-defense
- Texas Penal Code Chapter 12: Punishment ranges
- Texas Family Code Chapter 71: Family violence definitions
- Texas Code of Criminal Procedure Chapter 17: Bail and emergency protective orders
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Government Code Chapter 411: Orders of nondisclosure
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Orange trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Assault Charges
Assault Charges We Handle In Orange
Assault
Three different offenses share one statute, from a fine-only Class C to a felony when the facts or the person involved change.
Aggravated Assault
A second degree felony built on serious bodily injury or a deadly weapon, and a first degree felony in a short list of situations.
Vehicular Assault
Not a Texas statute by that name. A crash that hurts someone is charged under one of four other laws, and which one decides the range.
Deadly Conduct
Reckless conduct that puts someone in danger is a Class A misdemeanor. Firing toward people, a home or a car is a third degree felony.
Family Violence
An assault charge with a family finding attached, which brings protective orders, a firearm ban and limits on sealing the record.
Injury To A Child Or Elderly Person
A felony at every level, graded by the injury and the mental state, and chargeable for a failure to act as well as for an act.
Kidnapping
Restraint, kidnapping and aggravated kidnapping are three steps on one ladder, and the step depends on intent and on what was done.
Terroristic Threats
A threat charge whose level depends on who was threatened and what the threat was meant to cause, from Class B to third degree felony.
Common Questions
Assault Crime Questions People In Orange Ask
What court hears assault cases in Orange County?
A Class A misdemeanor assault case is filed in Orange County and prosecuted by the Orange County District and County Attorney's Office. Felony assault cases, including aggravated assault and assault on a public servant, are heard in one of the county's three district courts, the 128th, 163rd and 260th, after a grand jury indictment.
What happens after an assault arrest in Orange, TX?
After an arrest, the person is booked at the Orange County Correctional Facility and taken before a magistrate, who sets bond and bond conditions. In a family violence case, the magistrate can also issue an emergency protective order at that hearing. Misdemeanor cases then proceed on a complaint and information, and felony cases go to a grand jury for indictment.
What is the lowest level of assault charge in Orange, TX?
The lowest level is a Class C misdemeanor under Penal Code § 22.01(a)(2) or (a)(3): threatening someone with imminent bodily injury, or making physical contact the person would find offensive or provocative. It is punishable by a fine of up to $500 with no jail. Offensive contact with a person 65 or older or a disabled person is raised to a Class A misdemeanor.
What turns a misdemeanor assault into a felony in Orange County?
Texas raises an assault to a felony through one added fact. The person hurt being a public servant on duty, a prior family violence conviction, or impeding breathing in a family violence case each make it a third degree felony. Serious bodily injury or a deadly weapon makes it aggravated assault, a second degree felony. A child, an elderly person or a disabled person makes injury a felony at every level.
What counts as family violence in an Orange, TX assault case?
An assault becomes a family violence case when the person accused and the person hurt are related by blood or marriage, live or lived in the same household, share a child, or are or were in a dating relationship. The Texas Family Code supplies those definitions. A court that finds family violence enters it in the judgment, which affects firearm rights and later nondisclosure.
Should I talk to police before calling a lawyer after an assault accusation in Orange, TX?
A person is not required to explain their side to officers, and anything said can be used as evidence. Statements made in the first minutes are often the center of an assault case. Speaking with an attorney before giving a statement lets a person understand the charge and the options first.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
An assault case can bring bond conditions and a protective order before any charge is filed. Call or request a consultation to go over where the case stands.
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