Charged with Assault in San Antonio? What You Need to Know
- Christian Vega
- May 2
- 4 min read
If you were arrested or charged with assault in Bexar County, the next steps you take matter more than most people realize. Texas assault law is broader than the public understanding of the word — it covers everything from a bar fight to a heated family argument involving a single shove. The consequences, depending on the facts, can range from a fine to years in prison and a permanent mark on your record.
Here is what the law actually says, what it means for you locally, and what to do right now.
Texas assault is defined in Tex. Penal Code § 22.01. It covers causing bodily injury, threatening imminent bodily injury, and offensive physical contact
Charges range from Class C misdemeanor (a citation-level offense) to first-degree felony depending on who was involved, what happened, and whether a weapon was used
A family violence finding — even on a misdemeanor — strips you of federal gun rights and can escalate future charges to a felony
Self-defense is a real defense in Texas, but it has to be developed early and correctly
Do not talk to police, do not contact the complainant, and do not post about it — call a San Antonio assault lawyer first
What Texas assault law actually says
Texas Penal Code § 22.01 defines assault three ways:
Intentionally, knowingly, or recklessly causing bodily injury to another person — this is the most commonly charged form. Even a minor injury qualifies. "Bodily injury" under Texas law means physical pain, illness, or impairment, which courts have interpreted broadly.
Threatening someone with imminent bodily injury — no physical contact is required. If you put someone in fear that they're about to get hurt, that's assault.
Offensive physical contact — touching someone in a way you know they would find provocative or offensive. This is typically a Class C misdemeanor, the lowest level.
The charge level depends on several factors. A standard assault causing bodily injury is a Class A misdemeanor — up to one year in the county jail and a $4,000 fine. It escalates to a third-degree felony if the victim is a public servant, a security officer, or if the defendant has a prior family violence conviction. Aggravated assault under § 22.02 — which involves a deadly weapon or serious bodily injury — starts at a second-degree felony and can reach first degree.
What assault charges mean for you in Bexar County
Bexar County courts process a high volume of assault cases, particularly those with a family violence component. The family violence label deserves specific attention. If the complainant is a family member, current or former romantic partner, or a household member, the State can seek an affirmative family violence finding under Tex. Code Crim. Proc. Art. 42.013. That finding has consequences that outlast the criminal case:
Federal law (18 U.S.C. § 922(g)(9)) permanently prohibits you from possessing a firearm if you have a misdemeanor conviction for domestic assault — even a Class A misdemeanor
A prior family violence finding elevates a subsequent assault charge against a family member to a third-degree felony under Tex. Penal Code § 22.01(b)(2)(A)
Family courts consider family violence findings in custody and visitation decisions
Deferred adjudication — which avoids a conviction — can avoid the family violence finding in most practical contexts, but some other counties do not honor holding the finding in abeyance
It also matters whether a protective order was issued at the time of arrest. Magistrate’s orders of emergency protection (EPOs) are routinely issued in Bexar County assault arrests involving family members. Violating that order, even informally, is a separate criminal offense.
What to do if you’ve been charged
Stop talking. Invoke your right to remain silent immediately. Do not give a statement at the scene, in the patrol car, at the jail, or at any point before speaking to an attorney. This applies even if you believe your explanation will help you.
Do not contact the complainant. Even if they want to drop the charges. Even if the whole thing was a misunderstanding. Even if they call you first. Contact can violate a protective order or no contact order and establish new charges. The State can proceed with prosecution regardless of what the complainant wants to do.
Get your bond conditions in writing. If you were released on bond, there are likely conditions — no-contact provisions, surrender of firearms. Understand exactly what they require before you leave the jail.
Do not post about it. Social media posts, texts, and messages have appeared as evidence in Bexar County assault trials. Silence extends to your phone.
Call a lawyer before your first court date. The arraignment is not just a formality. It is when the case framework gets established, bond conditions get reviewed, and early discovery starts flowing.
When to call a San Antonio assault lawyer
As soon as you know charges are possible, not after your first court date. The earlier defense counsel is involved, the more options are available. Body camera footage has retention schedules. Witnesses’ recollections drift. The facts of what actually happened are most accessible right after the incident.
Assault cases in Bexar County are not one-size-fits-all. Self-defense under Tex. Penal Code § 9.31 is a complete defense when the facts support it, but it requires proper development. Mutual combat affects how cases are presented. Credibility issues with the complainant matter, but they have to be identified, documented, and raised at the right time.
A complainant who wants to drop the charges does not automatically end the case in Texas. The State can proceed without the complainant’s cooperation. That dynamic changes the strategy, and it is not something to navigate alone.
Talk to a Bexar County assault attorney today
If you’ve been arrested, charged, or contacted by an investigator about an assault case in Bexar County, call our office directly at (210) 424-4264.
If you’d rather start with a message, use the contact form on our website. You’ll hear back the same day.
By Christian O. Vega, Attorney at Law | The Law Office of Christian Vega · 101 Stumberg St., San Antonio, Texas 78204 | Texas State Bar No. 24121180
Past results do not guarantee similar outcomes in any future case. The information here is general legal information about Texas law, not legal advice for your specific situation. Reading this post does not create an attorney-client relationship.