What to Do if Accused of Assault with Bodily Injury in Texas
Criminal Defense
Jason
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April 2025

If you've been accused of assault with bodily injury in Texas, it's important to take the situation seriously and act quickly. Being accused of assault can carry severe legal consequences, ranging from fines to jail time, especially if the injury caused is serious. At Lawrence Law Firm, PLLC, we understand how overwhelming it can feel to be faced with criminal charges. We’re here to guide you through the steps you need to take to protect yourself and your rights.

Understand What Assault with Bodily Injury Means in Texas

Person in handcuffs at a table wearing a light blue shirt, representing arrest for assault with bodily injury

Under Texas law, assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person. Bodily injury refers to any physical pain, illness, or impairment of physical condition, even if it’s not a serious injury. While simple assault involves causing minor harm or threatening harm, assault with bodily injury in Texas refers specifically to cases where the victim suffers any form of physical injury.

In Texas, this charge can be a Class A misdemeanor if it’s the first offense, carrying penalties such as up to one year in jail and a fine of up to $4,000. However, if the assault was committed under specific circumstances, like against a family member or in a public place, the penalties could be more severe.

Step 1: Remain Calm and Avoid Further Confrontation

If you’ve been accused of assault with bodily injury in Texas, the first thing to do is stay calm. It can be easy to feel angry, confused, or defensive, but it’s important to avoid escalating the situation. This is especially crucial if you're still in contact with the person making the accusation. Refrain from getting into further arguments or confrontations, as anything you say or do can be used against you later in court.

In some cases, those who accuse others of assault may be emotional or mistaken. Even if you believe the accusation is false, you should never respond to it with anger or threats. Instead, follow the next steps to protect your rights.

Step 2: Contact an Experienced Criminal Defense Attorney

One of the most important things you can do is contact a qualified Fort Bend criminal lawyer as soon as possible. The criminal justice system can be complex, and having an experienced lawyer on your side can make all the difference in the outcome of your case.

Our Fort Bend assault attorneys will carefully review the details of your case, gather evidence, and help you understand the charges you’re facing. Call us at (832) 356-4404 for a free consultation. 

Step 3: Don’t Speak to Law Enforcement Without Your Attorney Present

It’s crucial that you exercise your right to remain silent. Anything you say to law enforcement officers can potentially be used against you in court. Even if you believe you are innocent, statements made in the heat of the moment can be misinterpreted or used to build a case against you.

If law enforcement wants to question you, it's always best to have an attorney present. A lawyer will ensure that your rights are protected and that you don’t inadvertently make statements that could harm your case.

Step 4: Gather Evidence and Witness Statements

Evidence plays a key role in defending against assault with bodily injury in Texas charges. An attorney will help gather the necessary evidence, including physical evidence, medical reports, and witness testimony. If there were witnesses present at the time of the incident, it’s important to get their statements to support your version of events.

Additionally, if there are any records or evidence that can show your innocence, such as video footage or texts that provide context to the situation, make sure to bring this information to your attorney.

Step 5: Evaluate Possible Defenses

Our attorney will work with you to assess the best defense based on the facts of your case. Some common defenses include:

  • Self-defense: If you were defending yourself from harm or imminent threat, you may be able to claim that your actions were necessary to protect yourself.

  • False accusations: In some cases, accusations of assault are based on misunderstandings or malicious intent. Your attorney will work to investigate the facts thoroughly.

  • Lack of intent: If you did not intend to cause injury, you may be able to argue that the harm was accidental or unintentional.

Each case is unique, and your attorney will help identify which defense is best for your situation.

Step 6: Prepare for Court

If your case goes to trial, our attorney will help you prepare for court. This includes going over the evidence, discussing potential witness testimony, and preparing you for what to expect during the trial. With the right preparation, you will have the best chance of achieving a favorable outcome.

Step 7: Consider Your Options for Resolving the Case

In some cases, it may be possible to resolve the case without going to trial. This can include negotiating a plea deal with the prosecutor. While pleading guilty may seem like an easy option, it’s important to consult with an attorney before agreeing to anything. Plea deals can result in reduced penalties, but only if the terms are fair and in your best interest.

Being accused of assault with bodily injury in Texas is a serious matter, and it’s crucial that you act quickly and responsibly. By staying calm, hiring a skilled criminal defense attorney, and gathering all the evidence to support your case, you can protect your rights and work toward the best possible outcome. We are here to support you every step of the way. If you’re facing charges, don’t hesitate to reach out to us or call us at (832) 356-4404 for a free consultation.

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