Assault & Family Violence Lawyer in El Paso and San Antonio
An assault family violence charge in Texas is usually a Class A misdemeanor under Penal Code §22.01. It becomes a felony with a prior family violence conviction or an allegation of choking. A magistrate may also order you away from your home. Follow every order. Then call a lawyer before you talk to anyone.
West Texas Trial Lawyers defends assault and family violence cases in El Paso and San Antonio. Every lawyer at the firm prosecuted cases for the State of Texas before defending them. Our first goal is to get the case dismissed. No lawyer can promise that. We can tell you where you stand and what comes next.
How is assault graded in Texas?
Most bodily-injury assaults are Class A misdemeanors under Penal Code §22.01. The level rises when the case involves family violence with a prior conviction, impeding breathing, a deadly weapon, or serious bodily injury.
Charge
Statute
Level
Punishment range
Assault causing bodily injury
§22.01
Class A misdemeanor
Up to 1 year jail and/or up to $4,000 fine (§12.21)
Assault family violence (no enhancement)
§22.01
Class A misdemeanor
Up to 1 year jail and/or up to $4,000 fine (§12.21)
Family violence with a prior family violence conviction
§22.01(b)(2)
Third-degree felony
2 to 10 years prison + up to $10,000 fine (§12.34)
Family violence by impeding breathing or circulation ("choking")
§22.01(b)(2)
Third-degree felony
2 to 10 years prison + up to $10,000 fine (§12.34)
Family violence with BOTH a prior conviction and impeding breathing
§22.01(b-3)
Second-degree felony
2 to 20 years prison + up to $10,000 fine (§12.33)
Aggravated assault
§22.02
Second-degree felony
2 to 20 years prison + up to $10,000 fine (§12.33)
Aggravated assault in specified situations (including deadly weapon + serious bodily injury to a family or household member)
§22.02
First-degree felony
5 to 99 years or life + up to $10,000 fine (§12.32)
Violating a protective order
§25.07
Class A misdemeanor (higher with priors)
Up to 1 year jail and/or up to $4,000 fine (§12.21)
A “choking” allegation is often the difference between a misdemeanor and a felony. How that allegation was documented matters. We look closely at photos, medical records, body camera video, and the words in the report.
What is an emergency protective order?
An emergency protective order is a magistrate’s order, issued after a family violence arrest, that can bar you from contacting the alleged victim or going near the home. Under Code of Criminal Procedure art. 17.292, it is mandatory when the case involves serious bodily injury or a deadly weapon.
How long it lasts depends on the facts. After 2025 amendments, the duration is generally 61 to 91 days, or 91 to 121 days with serious bodily injury or a deadly weapon.
The order applies even if the alleged victim wants contact. Violating it can be a new charge under Penal Code §25.07. If you need to get belongings, see your children, or return home, we can work on that through the court. Do not try to solve it on your own.
What bond conditions should I expect?
After an arrest, you are brought before a magistrate within 48 hours for warnings and bail (Code of Criminal Procedure art. 15.17). In family violence cases, bond conditions commonly include no contact with the alleged victim and staying away from a shared residence.
Read your bond papers line by line. A bond violation can put you back in jail even if the assault case is weak. If a condition is not workable, such as shared custody or a shared lease, we can ask the court to modify it.
Can the victim drop the charges in Texas?
No. In Texas, the State decides whether a family violence case goes forward, not the alleged victim. Once police file the case, it belongs to the prosecutor.
The alleged victim can tell the prosecutor what they want. Prosecutors may consider that. But they can still move forward using 911 recordings, body camera video, photos, and officer testimony. This is general practice in both El Paso and Bexar counties.
One important warning: do not ask the alleged victim to change their story or skip court. That can lead to new charges and break a no-contact order. Let your lawyer handle all communication with the prosecutor.
Will a family violence conviction affect my gun rights or immigration status?
Yes, it can affect both. Federal law bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition (18 U.S.C. §922(g)(9)). That is a federal rule. It applies even when the Texas charge is a misdemeanor.
For non-citizens, a family violence case can carry immigration consequences. If you are not a U.S. citizen, tell us right away. We recommend consulting an immigration attorney before you accept any plea. The way a case is resolved can matter as much as the result.
Where will my assault case be heard?
In El Paso, assault and family violence cases are prosecuted by the 34th Judicial District Attorney’s Office, which covers El Paso, Hudspeth, and Culberson counties. Cases are heard at the El Paso County Courthouse, 500 E. San Antonio Ave., El Paso, TX 79901.
In San Antonio, the Bexar County Criminal District Attorney’s Office prosecutes these cases at the Cadena-Reeves Justice Center, 300 Dolorosa, San Antonio, TX 78205.
Our El Paso office is at 1005 N Mesa St. Our San Antonio office is at 40 NE Interstate 410 Loop Suite 100 Ofc G10. For a San Antonio assault case, call (210) 401-1000.
How do former prosecutors defend a family violence case?
Adam Setra prosecuted cases for the 34th Judicial District Attorney’s Office before founding the firm. Read about Adam Setra’s prosecution and defense experience.
Family violence cases often turn on a short window of time and a few pieces of evidence. We get the evidence early. Under Code of Criminal Procedure art. 39.14, the State must produce offense reports, statements, and other evidence “as soon as practicable” after a timely request. If you gave a recorded statement, Code of Criminal Procedure art. 38.22 sets rules for when it can be used.
From our experience: Many family violence cases are shaped before officers arrive. Responding officers often know only what the 911 call told them, such as an assault in progress and a description of a male suspect, so they can show up ready to arrest the person who did not make the call, even when no assault happened. That is why we compare the 911 audio, the dispatch record, and body camera video against the written report.
Clients have reported these outcomes in public Google reviews of our El Paso office:
- Aggravated assault with a deadly weapon: dismissed
- Family violence and criminal mischief: dismissed in 6 months
- Family violence and probation violation: dismissed in 2 months
As reported by clients in public Google reviews. Every case is different. Past results do not guarantee future outcomes.
See more on our case results page.
When does assault family violence become a felony in Texas?
In Texas, assault causing bodily injury is a Class A misdemeanor under Penal Code §22.01, punishable by up to one year in jail and a fine of up to $4,000. When the alleged victim is a family or household member, two facts can raise the charge to a third-degree felony under §22.01(b)(2): a prior family violence conviction, or an allegation that the person impeded the alleged victim’s normal breathing or blood circulation, often called choking. If both facts are alleged, the charge becomes a second-degree felony under §22.01(b-3), with a range of 2 to 20 years. Aggravated assault under §22.02 is a second-degree felony, and it can be first degree in specified situations, including use of a deadly weapon causing serious bodily injury to a family or household member. A misdemeanor domestic violence conviction also triggers a federal firearm ban under 18 U.S.C. §922(g)(9).
What should I do right now after an assault or family violence arrest?
- Read your bond conditions and any protective order. Follow them exactly, even if the other person reaches out to you.
- Do not contact the alleged victim, directly or through friends or family, if an order bars it.
- Do not talk about the case with police, on the phone from jail, or on social media. If police want to talk, don’t explain and don’t try to make a deal. Say you want your lawyer, then call us.
- Save evidence that helps you: texts, photos, call logs, and names of witnesses.
- If you own firearms, ask us before you do anything with them.
- Call us. Have your full legal name, date of birth, the county where the charge was filed, and the charge if you know it. Missing something? Call anyway.
Calling on behalf of a family member? You don’t need to know everything. We can start with what you have.
On This Page
Meet Our Team
Frequently asked questions about assault and family violence charges in Texas
Can the alleged victim drop a family violence charge in Texas?
Is assault family violence a felony in Texas?
What is a choking charge in Texas?
How long does an emergency protective order last in Texas?
Can I go home after a family violence arrest?
Will a family violence conviction take away my gun rights?
What is the difference between assault and aggravated assault in Texas?
Can a family violence charge affect my immigration status?
Do you handle assault cases in Spanish?
Talk to a former prosecutor about your assault case
A protective order and bond conditions start right away. So should your defense. Call West Texas Trial Lawyers for a free, confidential consultation. Payment plans are available.
Or schedule a free consultation online. Learn more about our criminal defense practice across Texas, and see related pages on DWI and DUI defense, homicide and manslaughter charges, and federal firearm and other federal charges.
"*" indicates required fields