Assault Lawyer in Hays County

Working to Get Both Sides of the Story

Life changes the moment a police officer places you in handcuffs. One minute you are at a local bar in San Marcos or in a heated argument at home in Buda, and the next you are facing a criminal charge that could derail your future.

The weight of that feels heavy, but you do not have to carry it alone. An arrest for assault creates immediate stress for your personal and professional life, often before anyone has heard your version of events.

At Seymour & Vaughn, we understand the fear and uncertainty that follow an arrest. As former prosecutors, we have seen how the district attorney’s office builds a case, and we use that knowledge to take the state’s arguments apart from the ground up.

The Hays County criminal justice system is aggressive, and we are prepared to stand between you and the government. Whether you face misdemeanor assault or felony charges, we protect your constitutional rights at every setting.

Contact Seymour & Vaughn at (830) 282-8751 or fill out our online form for a confidential consultation. We will make sure the court hears the full story, not just the state’s version.

How Does the Texas Penal Code Define Assault?

Under Texas Penal Code Section 22.01, assault covers three separate kinds of conduct: causing bodily injury, threatening imminent bodily injury, and making physical contact the other person reasonably finds offensive. You can be charged without ever injuring anyone.

To build a strong defense, you need to understand exactly what the state is trying to prove. Assault is not a single crime but a category of conduct.

The Three Statutory Definitions

Intentionally, knowingly, or recklessly causing bodily injury to another person.
Intentionally or knowingly threatening another person with imminent bodily injury.
Intentionally or knowingly causing physical contact the other person will reasonably find offensive or provocative.

Why the Definition Is Broader Than People Expect

The law includes threats, which means verbal statements and gestures can support a charge with no contact at all. The focus lands on the alleged victim’s perception and the accused person’s intent.

The third category can include poking someone in the chest or pushing them during an argument. Even when these encounters cause no pain, they still fall under Texas criminal law.

Our attorneys examine every detail of the police report to determine whether the state has enough evidence to meet these definitions, and whether the officer simply chose the easiest charge available at the scene.

What Are the Penalties for Misdemeanor Assault?

Most Hays County assault cases begin as Class A misdemeanors, carrying up to one year in jail and a fine of up to $4,000. Texas defines bodily injury broadly enough that a bruise, a scratch, or momentary pain can satisfy the element.

The law defines bodily injury as physical pain, illness, or any impairment of physical condition. There is no requirement of visible injury or medical treatment.

Beyond the jail exposure, a conviction leaves a permanent criminal record. That record follows you when you apply for jobs, seek housing, or try to obtain professional licenses, and employers reviewing a violent offense rarely ask for context.

What Makes an Assault Charge Family Violence?

A family violence finding attaches when the alleged victim is a family member, household member, or current or former dating partner. The finding brings a lifetime federal firearm ban and turns any future assault against the same class of person into a felony.

Domestic violence is a top priority for the Hays County District Attorney’s Office. An arrest for assault family violence often follows a 911 call from a neighbor or a household member.

Who Counts as Family Under Texas Law

In Texas, “family violence” covers far more than spouses. It includes blood relatives, people who live together, and those in a current or past dating relationship, which sweeps in roommates and former partners.

The Charge Does Not Depend on the Complaining Witness

When a police officer responds to a domestic disturbance, they often feel pressure to make an arrest. Even if the alleged victim does not want to press charges, the state can still move forward with the case.

Assault family violence is usually a Class A misdemeanor, but the special family violence finding is what does the lasting damage. It brings a permanent ban on possessing firearms and can enhance future charges to a felony.

Assault by Occlusion

If the allegation involves impeding the normal breathing or circulation of the alleged victim, the charge becomes a third-degree felony. This is often called assault by occlusion or strangulation, and it carries two to ten years in prison.

These allegations frequently rest on a brief statement given during a chaotic scene, and the medical documentation does not always support what the report claims.

When Does Assault Become Aggravated Assault?

Assault becomes aggravated under Texas Penal Code Section 22.02 when it causes serious bodily injury or involves the use or exhibition of a deadly weapon. Aggravated assault is typically a second-degree felony carrying two to twenty years and a fine up to $10,000.

What Counts as Serious Bodily Injury

Serious bodily injury means injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ.

That is a demanding standard, and police reports frequently use the phrase before any medical record supports it. We challenge whether the injuries actually meet it.

What Counts as a Deadly Weapon

A deadly weapon does not have to be a gun or a knife. Any object capable of causing death or serious bodily injury can qualify, including a car, a heavy tool, a boot, or a glass bottle.

If the assault is committed against a public servant or under other specific circumstances, the charge can be enhanced to a first-degree felony with the potential for life in prison. We analyze both the injury evidence and the deadly weapon allegation, because either finding can move the case down a level.

How Do Intoxication Assault and Sexual Assault Charges Work?

Intoxication assault under Section 49.07 applies when intoxicated driving causes serious bodily injury, and it is a third-degree felony. Sexual assault under Section 22.011 involves sexual contact without consent and generally carries lifetime sex offender registration on conviction.

Intoxication Assault

Hays County sees many intoxication assault cases, and the charge often accompanies a DWI. These cases usually involve field sobriety tests and breath or blood evidence, and the state treats them harshly because they involve risk to the public.

Causation is the contested element in most of these files. The State has to connect the intoxication to the injury, not merely establish both.

Sexual Assault

Sexual assault cases often rely heavily on the testimony of the alleged victim and on forensic evidence. The social and legal consequences of a conviction are permanent, and registration requirements reshape where a person can live and work for life.

The stakes here are high enough that no one should make a decision about these cases without a full review of the discovery.

Which Hays County Court Will Hear Your Case?

Misdemeanor assault cases are heard in one of the three Hays County Courts at Law at the Government Center in San Marcos. Felony cases like aggravated assault or intoxication assault are assigned to the District Courts, where the District Attorney’s Office commits more resources.

That makes it vital to have an assault lawyer in Hays County who knows the local prosecutors and judges. Understanding the local rules and the temperament of the court can change the outcome as much as the facts do.

During the legal process, we attend hearings, review the state’s evidence, and handle negotiations. We also explore options such as deferred adjudication for first-time offenders when it serves your interests, which lets you complete a term of supervision in exchange for having the case dismissed.

What Defenses Work in an Assault Case?

The strongest assault defenses are self-defense, defense of others, lack of intent, and challenging the credibility or motive of the complaining witness. A charge is not a conviction, and the State still has to prove every element beyond a reasonable doubt.

Self-Defense and Defense of Others

Under Texas law, a person is justified in using force when and to the degree they reasonably believe it is immediately necessary to protect against another’s use or attempted use of unlawful force. The same principle extends to defense of others and defense of property.

We interview witnesses and gather evidence showing you were not the aggressor. In many cases the person who called 911 first is simply the person the officer believed, not the person who started it.

Motive to Fabricate

Sometimes the alleged victim has a reason to lie. A pending divorce, a child custody battle, an immigration issue, or a housing dispute can all shape what someone tells police.

We look for those motives and put them in front of the fact finder, because a case built on one account collapses when that account has a reason to be false.

Challenging Intent

The state must prove you acted intentionally, knowingly, or recklessly. If the incident was an accident or a misread gesture, we argue the state lacks sufficient evidence for a conviction on any of the three theories.

How Does an Assault Charge Affect Your Life Outside Court?

Employers, landlords, and licensing boards treat violent offenses as a category apart. An assault conviction can cost a professional license, a lease, or a job in fields that would overlook a comparable non-violent charge.

A criminal record for assault carries a heavy stigma, even in a minor misdemeanor case. A conviction can cost you your current job or bar you from future employment in many fields, and it can affect your ability to rent an apartment or obtain a loan.

For students at Texas State University in San Marcos, an assault charge can trigger disciplinary hearings and possible expulsion separate from anything the court does. For teachers, nurses, and engineers, a conviction can mean the loss of a professional license.

The stakes are higher than jail time. The stakes are your entire way of life.