Assault Lawyer in Conroe and The Woodlands
Most assault charges start with a few seconds nobody planned: a shove in a parking lot, a fight outside a bar, an argument that turned physical. Then comes a charge that can follow you for years. If you need an assault lawyer in Conroe or The Woodlands, the most useful thing you can do right now is stop talking about what happened with anyone except your attorney.
At Griffin & Cain, Attorneys at Law, our criminal defense team defends simple assault, aggravated assault, and related charges across Montgomery County. Senior Attorney Stella A. Stevens spent nine years as a Montgomery County prosecutor, so we know what the State has to prove and where these cases tend to fall apart. Every case starts with a complimentary consultation.
What Counts as Assault in Texas
Texas treats three different acts as assault, and the difference between them sets the charge level:
- Causing bodily injury. Physical pain is enough, so there does not need to be a bruise, a cut, or a photo. This is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
- Threatening someone with imminent bodily injury. Usually a Class C misdemeanor, which carries a fine but no jail time.
- Offensive or provocative physical contact. Also usually a Class C misdemeanor, but a Class A if the other person is elderly or disabled.
When an Assault Becomes a Felony
An assault that causes bodily injury becomes a third-degree felony, punishable by two to 10 years in prison, when you know the other person is an on-duty public servant, security officer, emergency responder, or hospital worker on hospital property, or, since September 2025, a utility worker on the job. Causing bodily injury to a peace officer or judge who is carrying out official duties is a second-degree felony. When the other person is a family or household member, a separate set of rules applies, which we cover on our domestic violence defense page.
Aggravated Assault: Serious Injury or a Deadly Weapon
An assault becomes aggravated assault when it causes serious bodily injury, meaning an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or long-term loss or impairment of a body part or organ, or when it involves using or displaying a deadly weapon. It is usually a second-degree felony, punishable by two to 20 years in prison, and it becomes a first-degree felony in certain cases, such as when a deadly weapon is used to seriously injure a family member, household member, or dating partner, or when the other person is an on-duty public servant.
A deadly weapon does not have to be a gun or a knife. A bottle, a vehicle, or a boot can qualify depending on how it was used. If a serious injury happened in a crash involving alcohol, the charge is usually intoxication assault instead.
The First 48 Hours After an Assault Arrest
After an arrest, you will see a magistrate within 48 hours. Bond usually comes with conditions, such as no contact with the other person and staying away from certain places. For aggravated assault, a personal bond is generally off the table, and since November 2025 a judge can deny bail entirely after a hearing when the case involves serious injury or a firearm, club, knife, or explosive weapon.
What you do in these first days matters just as much:
- Do not contact the other person, even to apologize. It can violate your bond and become evidence.
- Write down what happened, and who saw it, while your memory is fresh. Share it only with your lawyer.
- Save texts, call logs, and photos of your own injuries.
- Tell us right away about any doorbell, dashcam, or business camera nearby, because that footage is often overwritten within days.
- Stay off social media.
How We Defend Assault Charges
Self-defense. Texas allows you to use force when you reasonably believe it is immediately necessary to protect yourself or someone else. You do not have to retreat if you had a right to be there, did not provoke the fight, and were not committing a crime. Once the evidence raises self-defense, the State has to overcome it, and a jury with a reasonable doubt about it must acquit.
The injury itself. Medical records, photos, and timing often tell a different story than the arrest report, especially when the charge claims serious bodily injury.
The weapon allegation. Whether an object was really used as a deadly weapon is often the most important fight in an aggravated assault case.
Credibility and video. Fights happen fast. Conflicting accounts, intoxicated witnesses, and video that shows a different sequence of events can all create reasonable doubt.
Identity. In a crowded bar or a group fight, officers often arrest whoever is still standing there when they arrive. Being present is not the same as being the person who threw the punch.
Probation, Deferred Adjudication, and the Deadly Weapon Finding
Many assault cases can be resolved without a conviction through a dismissal, deferred adjudication, or, occasionally, pretrial diversion. A dismissal or acquittal can later be expunged from your record. Aggravated assault is different when the judgment includes a deadly weapon finding. A judge cannot place you on regular probation after a conviction with that finding, and a prison sentence must be half served before parole is possible. That is why we often fight the deadly weapon allegation as hard as the assault itself. In some cases, a jury can still recommend probation when the sentence is 10 years or less and you have no prior felony conviction.
What an Assault Conviction Can Cost You
Your record. Even paying the fine on a Class C assault creates a conviction that shows up on background checks.
Your gun rights. A pending Class A or felony charge blocks a license to carry, and a felony conviction brings state and federal firearm bans. A family violence conviction triggers a federal ban that usually lasts for life.
Your career and immigration status. Violent offenses draw close scrutiny from employers, licensing boards, and immigration authorities.
Your family. An assault involving a household member can affect custody and visitation.
Your education. Students can face campus discipline on top of the criminal case, and some scholarship and graduate programs ask about criminal history.
Charged With Assault?
Talk with a defense team that includes a former Montgomery County prosecutor. Your first consultation is complimentary. Send us a message using the form below.
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We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
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Assault Myths That Hurt People's Cases
- "They started it, so I am in the clear." Who threw the first punch matters, but the real question is whether your force was immediately necessary. Words alone never justify force under Texas law.
- "If they do not want to press charges, the case is over." The other person cannot drop the case. The prosecutor decides whether to ask for a dismissal, and the judge has to approve it.
- "There is no mark, so there is no injury." Pain alone counts as bodily injury.
- "Nobody got hurt, so it cannot be aggravated." Displaying a deadly weapon can be enough.
- "A Class C is just a ticket." If you simply pay it, it becomes a criminal conviction on your record.
- "I had been drinking, so it will not count against me." Voluntary intoxication is not a defense in Texas. It usually makes the other side's story easier to believe, not harder.
Assault Cases in Montgomery County
Class A misdemeanor assault cases in Montgomery County are heard in the County Courts at Law, Class C cases go to justice of the peace or municipal courts, and felony assault cases go to the district courts in Conroe. The District Attorney's Office reviews every Class A and felony case at intake, and felonies go to a grand jury before trial.
Local prosecutors describe pretrial diversion as an extraordinary remedy, and their published guidelines list the existence of a victim and a late application as factors that weigh against it. Assault cases nearly always have a named complainant, so a diversion request has to be strong and it has to come early. Stella Stevens spent nine years inside the offices that make these decisions, and she knows what a credible request includes.
Timing matters in another way, too. The State generally has two years to file a misdemeanor assault charge and five years for aggravated assault. If a detective has called about an incident but you have not been charged, that window is when a lawyer can do the most good. Send us a message through the form on this page to talk it through.
Frequently Asked Questions About Assault Charges
Is assault a felony in Texas?
Usually not. Assault causing bodily injury is typically a Class A misdemeanor, and threats or offensive contact are usually Class C. It becomes a felony when it is aggravated, when the other person is an on-duty officer or public servant, or in family violence cases involving choking or a prior family violence conviction or deferred adjudication.
Can the victim drop assault charges in Texas?
No. The prosecutor decides whether to ask for a dismissal, and the judge must approve it. The other person's wishes can still matter, so any contact about the case should go through your lawyer, never through you.
What counts as bodily injury?
Texas defines bodily injury as physical pain, illness, or any impairment of physical condition. A visible mark is not required, which is why many assault cases turn on credibility. Medical records, photos taken days later, and the timing of any complaint of pain often become central evidence.
Do I have to retreat before defending myself in Texas?
Not if you had a right to be where you were, did not provoke the confrontation, and were not committing a crime. In that situation, a jury cannot consider whether you failed to retreat.
Can I get probation for aggravated assault?
Often, yes. Deferred adjudication is available, and a jury can recommend probation in some cases. The main exception is a conviction with a deadly weapon finding, where a judge cannot order probation.
Is "assault and battery" a charge in Texas?
No. Texas has no separate battery offense. Conduct that other states call battery, such as hitting or pushing someone, is charged as assault, and the level depends on the injury, the weapon, and who the other person is.
Talk to a Conroe Assault Lawyer Before You Talk to Anyone Else
An assault arrest captures one side of a story, told at the worst moment of someone's night. Your side deserves the same attention, and it needs to be told at the right time and in the right way. Griffin & Cain, Attorneys at Law, defends assault charges in Conroe, The Woodlands, and throughout Montgomery, Harris, Walker, and Grimes Counties, with a former Montgomery County prosecutor on the team. You can read what past clients say about working with us on our testimonials page.
Contact our Conroe office to schedule a complimentary consultation. We will review the charge, your bond conditions, and the evidence, and tell you honestly where your case stands.
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We're Available to Speak With You
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Contact Our Office
Today
We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
Phone:
936-539-1011
Address:
400 W. Davis St., Suite 200. Conroe, TX. 77301