Have A Former Prosecutor And Judge By Your Side As You Face Assault Charges

Assault and assault-family member charges are some of the most common but most serious charges in Texas. Unfortunately, people often use law enforcement to enforce grievances against neighbors and even family members, and they call the police without justification. When a person calls the police for a “domestic disturbance,” police feel compelled to make an arrest even if the person who called the police says that they do not want to pursue charges or have the person arrested. Sometimes, even when you are the real victim of the assault, you might be the one charged simply because the person who assaulted you called the police first.

At The Law Office of Jason Luong, PLLC, attorney Jason Luong has over 20 years of diverse legal experience assisting the Houston community. Jason Luong is an experienced former felony district court judge and former Harris County prosecutor with an exceptional track record of success. He has seen both sides of the criminal justice system and knows how to craft defenses and arguments that place your best interests at the forefront of every legal strategy.

What Counts As Assault Under Texas Law

In Texas, assault covers a wide range of conduct and does not always require physical injury. Under the Texas Penal Code, a person may face charges if they intentionally, knowingly or recklessly cause bodily harm. However, an accusation can also arise from threats or actions that place someone in reasonable fear of imminent harm.

Conduct that may lead to an assault charge includes:

• Causing bodily injury through physical force, including pushing, striking or any contact that results in pain or impairment, even if the injury is not severe
• Threatening another person verbally or through actions in a way that creates a reasonable fear of immediate harm, even if no physical contact occurs
• Making offensive or unwanted physical contact, such as grabbing or touching, when it is considered provocative or without consent under the circumstances

Assault charges can become more serious depending on the circumstances. Allegations involving family members, public servants or the use of a weapon may result in enhanced penalties. In domestic situations, police often act quickly, which can lead to arrest and restrictive bond conditions even before the facts are fully examined.

Working with a Texas assault defense attorney early in the process can make a meaningful difference. These cases often depend on conflicting accounts, credibility issues and incomplete evidence. A lawyer who understands how prosecutors evaluate these claims can identify weaknesses and develop a defense strategy that protects your rights.

Common Types Of Assault Charges In Texas

The level of the assault charge often depends on the facts, the relationship between the parties and the alleged harm:

• Simple assault: This involves causing bodily injury, threatening harm or making offensive contact. It is often charged as a misdemeanor, but it can still carry serious consequences that affect your record and reputation.
• Assault of a family member: These cases involve spouses, partners or relatives. Even an allegation alone can lead to protective orders, removal from your home and restricted access to your children.
• Aggravated assault: This charge applies when serious injury is alleged or when a weapon is involved. It is typically charged as a felony and can expose you to long prison sentences and steep fines.
• Assault by threat: Even without physical contact, a threat that places someone in fear of harm can lead to charges. These cases often rely heavily on statements and the interpretation of intent.
• Injury to a child, elderly individual or disabled person: These charges are treated with heightened seriousness under Texas law. Prosecutors often pursue these cases aggressively, even when the facts are disputed.

Each type of charge brings different risks. What matters is how the facts are examined and how early the defense begins.

Statute Of Limitations For Assault Charges In Texas

The statute of limitations determines how long the state has to file charges after an alleged offense. In Texas, the time limits depend on whether the case is classified as a misdemeanor or a felony.

Most misdemeanor assault charges must be filed within two years of the date of the incident. If prosecutors fail to act within that period, the case may no longer move forward. Felony assault charges, including aggravated assault, typically carry a three-year filing window.

Although these deadlines are strict, investigations can continue while time remains. This can leave individuals uncertain about their situation, especially if no charges have been filed but law enforcement is still reviewing the case.

A Houston assault lawyer can evaluate where your case stands within these timelines and take steps to protect your position. Timing can be critical, and early involvement allows your attorney to challenge delays, preserve evidence and respond effectively if charges are filed.

Why Work With The Law Office of Jason Luong, PLLC?

The firm handles these cases with a clear strategy built on real courtroom experience, including:

• Insight from both sides of the courtroom: As a former judge and chief prosecutor, Jason Luong understands how cases are reviewed, charged and argued. This allows the firm to anticipate the state’s moves and respond with precision.
• Trial-tested representation: Having taken over 50 cases to jury verdict, the firm is prepared to stand firm when negotiations are not in your best interest. That readiness often changes how prosecutors handle the case.
• Focused and selective case approach: The firm does not take every case. By focusing on serious matters, clients receive attention and a defense strategy built around the specific facts of their situation.
• Early intervention that matters: From the moment an investigation begins, the firm works to protect your position. Acting early can influence charging decisions, bond conditions and how evidence is preserved.

Choosing the right defense is not just about legal knowledge. It is about knowing how the system actually works in practice. With the right strategy from Jason Luong, you can move forward with a clearer path and stronger position.

Assault Defense Experience You Can Trust

Being charged with assault of a family member has severe consequences. Even when you are simply charged with that offense, even before you are ever proven guilty, the state will often ask for severe and unreasonable bond conditions that can lead to your removal from your own home, denial of access to your child and loss of your right to carry a firearm.

The state may even request that you be outfitted with a GPS device, restricting where you can go. That is why it is critical that you immediately call an experienced criminal defense lawyer like Jason Luong the moment you are even being investigated for an assault or assault of a family member.

People charged with assault or assault-family member often act in self-defense. However, police often overlook or disregard evidence that might support that defense and side with the person with the more severe injuries. Jason Luong has handled hundreds of misdemeanor and felony assault cases where self-defense was the central issue. Jason knows how to effectively investigate a self-defense claim and how to effectively assert self-defense to protect your rights from an overreaching state prosecution.

Frequently Asked Questions About Assault Charges

It is important to talk to an attorney and ask questions when facing an assault charge. Here are some questions you may have:

What are the potential consequences of an assault charge in Texas?

The potential consequences of an assault charge in Texas can vary depending on the details of a case. For a misdemeanor assault charge, the penalties can include:

• Class A misdemeanor: One year in jail and $4,000 in fines
• Class B misdemeanor: 180 days in jail and $2,000 in fines
• Class C misdemeanor: $500 in fines

The charges for a felony assault charge can include:

• Third-degree felony: Two to 10 years in jail and $10,000 in fines
• Second-degree felony: Two to 20 years in jail and $10,000 in fines
• First-degree felony: Five to 99 years in jail and $10,000 in fines

The charges for assault in Texas may also include community service and probation.

How does the legal process work following an assault charge?

The legal process for an assault charge is extensive. The process generally begins with an allegation and a call to the police, followed by an arrest. After the arrest, the suspect being charged will be “booked” into jail and fingerprinted. They will eventually have an initial court appearance to be officially informed of the charges against them and advised of their rights. There will likely be a bail hearing, after which the defendant may be able to secure their freedom while they await trial.

Then, the discovery process begins as both the prosecution and defense seek to form a strategy. Complex legal maneuvers, including motions from both sides regarding evidence and plea bargain negotiations, may commence. If no resolution is reached, the case will then move to trial.

What defenses are available to me for an assault charge?

A strong legal defense is essential if you hope to reduce or dismiss potential assault charges. Some common defense strategies can include:

• Self-defense
• Lack of intent
• Consent
• Mutual combat
• Mistaken identity
• Accident
• Incapacity

An attorney can help you explore your defense options after reviewing the unique circumstances of your case.

Get The Defense You Need Today

After being charged with assault, you need to contact an experienced assault defense attorney as soon as possible to get started on your case. To schedule a free consultation at the Houston law office, call The Law Office of Jason Luong, PLLC, today at 281-400-1605 or fill out an online contact form.