Assault Attorney in Tyler, TX

Defending Assault Charges Across Texas Since 2011 & State and Federal Courts

An assault charge in Texas carries consequences that extend well beyond the courtroom. Depending on the circumstances, a charge can range from a Class C misdemeanor to a first-degree felony carrying a potential life sentence. Early action matters. At Rollings Wood & Pace, we’ve been defending clients against violent crimes charges in Tyler and across Texas since 2011, handling both state and federal cases at every level of severity.

Texas Penal Code Section 22.01 defines assault broadly. You don’t have to strike someone to be charged. Threatening another person with imminent bodily injury or making offensive physical contact can be enough. If you’re facing an assault charge, knowing what you’re up against and having the right team beside you can change what’s possible.

Our assault attorneys are ready to review your case in a free consultation. Call (903) 408-3332 to get started.

Types of Assault Charges in Texas

Not all assault charges are the same, and the distinction matters for how a case is defended. Texas law identifies several categories, each with its own elements and sentencing exposure.

Simple Assault (Texas Penal Code Section 22.01(a))
This covers intentionally, knowingly, or recklessly causing bodily injury to another person; threatening someone with imminent bodily injury; or intentionally causing offensive physical contact. Depending on the conduct involved, this can be a Class C or Class A misdemeanor.

Aggravated Assault (Texas Penal Code Section 22.02)
Assault becomes aggravated when it causes serious bodily injury or when the actor uses or exhibits a deadly weapon during the offense. The weapon doesn’t need to cause harm. Exhibiting it during the assault is sufficient to trigger this elevation.

Family Violence Assault
When the alleged victim is a family member, household member, or someone in a dating relationship as defined under the Texas Family Code, a family violence designation attaches to the charge. A prior family violence conviction can elevate what would otherwise be a misdemeanor to a third-degree felony.

Assault on a Public Servant
Assault against a police officer, firefighter, emergency services personnel, or a government contractor performing official duties is elevated to a third-degree felony under Section 22.01(b). Assault on a peace officer or judge can reach second-degree felony status under Section 22.01(b-2).

Penalties for Assault Convictions in Texas

Texas assault penalties depend on the classification of the charge, the facts of the case, and any prior convictions. The ranges below reflect the general statutory framework and can shift with enhancements or aggravating circumstances.

• Class C misdemeanor (threatening or offensive contact without injury): fine up to $500
• Class A misdemeanor (bodily injury): up to one year in county jail and a fine up to $4,000
• Third-degree felony (assault on a public servant, repeat family violence): 2 to 10 years in prison and a fine up to $10,000
• Second-degree felony aggravated assault: 2 to 20 years in prison and a fine up to $10,000
• First-degree felony aggravated assault (certain aggravating circumstances): 5 to 99 years or life in prison and a fine up to $10,000

A deadly weapon finding by the jury carries additional consequences. Under Texas Government Code Section 508.145(d), a defendant subject to that finding may be required to serve half the sentence or 30 years (whichever is less) before becoming parole eligible. The sentence itself is only part of the picture. A conviction can mean loss of the right to possess firearms, barriers to employment and housing, and a permanent criminal record that follows you long after any term of confinement ends.

How We Approach Assault Defense

Our attorneys examine the evidence in each case and look closely at how law enforcement conducted the investigation. Procedural errors, unconstitutionally obtained evidence, and inaccuracies in police reports have proven decisive in past cases. We don’t accept the prosecution’s version of events without scrutiny.

Defense Strategies We Evaluate

The right defense strategy depends on the specific facts. In many assault cases, self-defense is a viable argument. Under Texas Penal Code Section 9.31, a defendant can assert that force was immediately necessary to protect against another person’s use or attempted use of unlawful force. We also evaluate lack of the required mental state. Because Section 22.01 requires intentional, knowing, or reckless conduct, there is often room to challenge what the prosecution can actually prove. Mistaken identity, consent, and constitutional violations in how evidence was gathered are reviewed in each case.

Negotiation & Case Resolution

Not every assault case goes to trial. Negotiation with prosecutors may result in reduced charges, deferred adjudication (a form of probationary sentence that may allow you to avoid a final conviction), or alternative sentencing such as probation or anger management. Depending on how your case resolves, Texas law may also permit expunction or non-disclosure of the record, both of which we handle.

Why Tyler Clients Choose Rollings Wood & Pace for Assault Defense

We’ve defended thousands of clients in Smith County and across Texas since 2011. Attorneys Brian Rollings and Jeff Wood lead the firm, and our team-based structure means more than one set of eyes is on your case. We aren’t a single-practitioner operation. We work together on strategy and preparation from the start.

Our memberships in the Texas Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers, the Smith County Bar Association, the State Bar of Texas, and the Texas Bar Foundation reflect the professional standards we hold ourselves to. We handle both state and federal cases, so if charges shift between systems, you don’t need a new attorney. Familiarity with how Smith County prosecutors approach assault cases and with the local courts where these cases are heard informs how we build a defense. Se Habla Español.

Speak with an Assault Attorney in Tyler at No Cost

If you or someone close to you is facing an assault charge in Tyler, waiting to act can limit your options. The charges, the evidence, and what a defense might look like in your situation are all worth reviewing before anything is decided.

Call Rollings Wood & Pace at (903) 408-3332 to schedule your free consultation today.