What to Do If You’re Charged with Assault : A Legal Guide

First 24 Hours: What to Do Immediately

What to do during the first 24 hours after an arrest for assault:

Use Your Right To Remain Silent

Be respectful, provide basic identifying information, and then stop talking about facts. Even “clearing things up” can box you into a version of events that’s hard to fix later. Politely say, “I want a lawyer,” and wait.

Write Down Everything While It’s Fresh

Time, place, who was there, what was said, whether anyone was drinking, injuries, photos, texts, capture it all. Screenshot messages, save voicemails, and note any cameras nearby (doorbells, businesses). This timeline helps your attorney investigate quickly.

Call An Assault Defense Attorney

Early intervention can influence bond conditions, “no-contact” orders, and how the prosecutor sees your case. Your lawyer can also coordinate a walk-through surrender (when appropriate) to avoid surprise arrests.

Plan For Bond and Conditions

If you’re jailed, bond is typically set using factors under Texas law (seriousness, flight risk, ability to pay, public safety). Your attorney can argue for a reasonable amount and fair conditions so you can get back to work and prepare your defense.

Understanding Texas Assault Charges (Plain English)

Under Texas law, assault broadly means causing bodily injury, threatening imminent bodily injury, or offensive physical contact, and context matters. A shove that leaves a bruise, a raised fist with threats, or grabbing someone’s arm can all fit, depending on the facts and the injury. Penalties escalate when certain people are involved (family/household members, public servants, elderly people) or when serious injury or a weapon comes into play.

Misdemeanor vs. Felony Assault

• Misdemeanor assault often involves minor injuries or offensive contact.
• Felony assault can be triggered by serious bodily injury, use of a deadly weapon, or protected-class victims (e.g., family violence with prior convictions, choking/impeding breath, public servants, elderly). Aggravated assault—serious injury or a deadly weapon—raises the stakes even more.

Why this matters now: your immediate moves, such as what you say, who you contact, and how you comply with bond, can influence whether prosecutors push toward harsher charges or remain open to negotiation.

Bond, No-Contact Orders, and Staying Out of Trouble

Once a judge sets bond, there are usually conditions: no new offenses, appear in court, and (in many assault cases) no contact with the alleged victim. Violating a no-contact order via texting, DMing, or asking a friend to pass messages can land you back in jail and hurt your case leverage. If you live together or share kids, your attorney can request tailored conditions (for example, carve-outs for child exchanges or supervised communication avenues). Texas judges must consider specific factors when setting bail; your lawyer can present evidence on stability, community ties, employment, and ability to pay.

Tip: If retrieving belongings from a shared home is an issue, ask your lawyer about arranging a civil standby rather than risking a violation.

What the Prosecutor Has to Prove

For most assault charges, prosecutors must prove that you intentionally, knowingly, or recklessly caused bodily injury (or threatened it, or made offensive contact), and they must prove each element beyond a reasonable doubt. The exact elements come from the statute and any offense-specific enhancements (family violence, public servant, choking, prior convictions).

Your attorney will test each element:

• Did the contact actually cause bodily injury (pain, illness, or impairment) or is the evidence thin?
• Was the threat truly imminent?
• Are there inconsistencies in statements, timing, injuries, or 911 recordings?
• Are there alternate causes for injuries (fall, preexisting condition, mutual struggle)?

Common Defenses: Self-Defense and More

1) Self-Defense (and Defense of Others)

Texas law allows the use of force when you reasonably believe it’s immediately necessary to protect yourself from another’s unlawful force. The details matter: who started the fight, whether you tried to disengage, proportionality, whether you were in a place you had a right to be, and whether you had any duty to retreat based on the circumstances. Your lawyer will apply the self-defense statutes to your facts and seek a jury instruction when supported by the evidence.

2) Lack of Intent or Accident

If contact was accidental during a chaotic situation, such as a crowded bar, a stumbling fall, intent may be missing. Witness angles, lighting, intoxication of participants, and video can all matter.

3) Credibility Problems and Recantations

Assault cases often come down to conflicting accounts. Inconsistencies, prior statements, motive to lie, or outside pressures can erode credibility. A later recantation doesn’t end the case; prosecutors can still try to proceed, but it changes the calculus.

4) Insufficient Evidence of Injury

Minor redness that fades, no medical care, or lack of photos can weaken a “bodily injury” claim. Your attorney may consult a medical expert to interpret photos and timelines.

5) Alibi or Misidentification

If the scene was chaotic or poorly lit, misidentification is possible. Cell-site data, receipts, rideshare logs, and video can corroborate your whereabouts.

How a Defense Is Built (What Your Lawyer Will Actually Do)

Investigate fast:

• Body-worn camera, dashcam, and 911 audio requests
• Business and residential video pulls before footage overwrites
• Medical records (complaining witness and client)
• Third-party witness interviews
• Digital evidence: texts, social media, location data

Suppress Weak or Unfair Evidence

If police stretched the rules with an illegal stop or coerced statements, then your lawyer may file motions to suppress so the jury never hears tainted evidence.

Secure a Fair Bond And Sane Conditions

Present positive ties and a compliance plan to keep you out and employed while the case proceeds. Judges must consider statutory factors, and your attorney can make that record.

Negotiate Strategically Or Try It

Depending on the evidence, your goals, and collateral issues (immigration, licenses, firearms), options might include dismissal, reduction, deferred adjudication, or carefully crafted plea agreements. If the State won’t budge and the facts are on your side, a jury can hear your self-defense story.

Special Issues in Family-Violence Allegations

Assault involving a spouse, dating partner, or household member carries enhanced consequences: firearm restrictions, “finding of family violence” on the judgment, and exposure to felony charges for future accusations, even if the new incident is minor. Protective orders may be in play, and courts are increasingly strict about no-contact violations. (If a protective order is requested or issued, follow it exactly; your attorney can ask for modifications when warranted.)

Do’s and Don’ts While the Case Is Pending

Do

• Save every piece of potential evidence.
• Follow bond/no-contact to the letter.
• Keep a low profile: no social-media rants, subtweets, or memes about the case.
• Tell your attorney about travel, work conflicts, or address changes before they surprise the court.

Don’t

• Contact the complaining witness, even to apologize.
• Discuss facts with anyone but your lawyer.
• Assume the case will “just get dropped.” Prepare as if it’s going to trial—because preparation drives outcomes.

When to Take a Case to Trial vs. When to Negotiate

There’s no universal answer. Consider:

• Proof problems for the State (credibility, injury proof, conflicting accounts).
• Availability and quality of video/audio.
• Your risk tolerance vs. the plea offer on the table.
• Collateral consequences such as immigration, licensing, employment, and even for “light” pleas.

A seasoned assault defense attorney will give you an unvarnished assessment: where the case is strong, where it’s weak, and how a jury is likely to read your story

How Capetillo Law Can Help

We move quickly to stabilize your situation, securing release, tailoring conditions, and locking down evidence, then we build the defense in layers: legal challenges, factual investigation, expert review, and negotiation leverage. If the State won’t be reasonable, we’re ready to try your case and tell your story confidently and clearly.

If you’re searching for “What to do if you’re charged with assault,” start with a conversation. We’ll walk you through your options, from self-defense strategies to diversion or dismissal paths, and build a plan around your facts and goals.

Charged with assault? Don’t go it alone. Contact the Capetillo Law Firm for a confidential case review and a clear defense plan today. Call:  (346) 291-2052 or reach out to us online.