What Happens When You Press Charges On Someone

In Texas, what happens when you press charges on someone for assault involves a particular process. It starts with reporting the incident to law enforcement, who then conduct an investigation and present the case to a local prosecutor, usually the District or County Attorney. 

From there, the legal system takes over based on facts and evidence. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we help clients understand their rights during assault cases. 

What is an Assault Under Texas Law?

According to Section 22.01 of the Texas Penal Code, a person commits assault if they:

• Intentionally, knowingly, or recklessly cause bodily injury to another person (including their spouse),
• Intentionally or knowingly threaten someone with imminent bodily injury, or
• Intentionally or knowingly make physical contact with someone, knowing the other will likely view it as offensive or provocative.

Even a verbal threat or a slight shove may qualify as an offense.

What are the Consequences of Assault Charges

Texas law doesn’t treat all assault charges equally. The penalties vary depending on the severity of the offense and whether aggravating factors were present.

Assault causing bodily injury is typically a Class A misdemeanor. However, charges may be enhanced if the victim is a public servant, family member, or if a weapon was involved. 

These enhancements can push the charge into felony territory, increasing jail time and financial penalties. According to Legal Clarity, here’s how the state classifies misdemeanors:

• Class A misdemeanors can result in up to a year in jail and fines up to $4,000.
• Class B misdemeanors can lead to 180 days in jail and up to $2,000 in fines.
• Class C misdemeanors don’t involve jail time but can cost up to $500 and may carry lasting consequences, such as a criminal record.

Assault convictions significantly hinder housing, employment, and child custody.

What is the Legal Process of Pressing Charges

Understanding what happens when you press charges on someone for assault also means recognizing how the criminal process unfolds from the very beginning.

Filing a Police Report

The legal journey starts with the police. The victim reports the assault to law enforcement, typically the Austin (or local) Police Department, the County Sheriff’s Office, or another agency with jurisdiction. 

Officers collect statements, document injuries, secure evidence, and may question witnesses. Legally, it’s up to law enforcement, not the victim, to determine whether charges should proceed.

The Role of the Prosecutor

Once the report is filed, the case can get staffed the District Attorney or another prosecuting attorney. They evaluate whether there’s enough evidence to pursue formal charges, independent of whether the victim wants to proceed.

Prosecutors look at witness accounts, video footage, physical evidence, and prior history between the parties. If the case appears strong, charges will be filed, and a warrant may be issued.

From Arrest to Trial

After charges are filed, the accused may be arrested or ordered to appear in court. Hearings, plea talks, or a trial follow this. An assault lawyer plays a critical role here, reviewing evidence, challenging procedural errors, and representing the defendant’s best interests.

Penalties for Assault

Under Texas Penal Code Chapter 12, sentencing for assault depends on whether the offense is charged as a misdemeanor or felony, along with any aggravating factors such as serious injury or weapon use. Texas’s 89th Legislature, as of July 2025, amended Section 12.50 to increase penalties for assaults in disaster areas or against public servants.

Misdemeanor Assault

Misdemeanor assault charges are often tied to less severe incidents, like pushing, slapping, or threats that don’t result in serious injury. While these cases don’t carry the same prison exposure as felonies, the penalties can still include jail time, fines, and restrictive probation terms.

Depending on the facts, Texas courts may assign mandatory anger management classes, protective orders, or community supervision. The legal consequences often extend beyond sentencing, affecting employment screenings, housing eligibility, and firearm possession rights.

Aggravated Assault

Aggravated assault involves serious bodily injury or the use of a deadly weapon. It’s generally prosecuted as a second-degree felony, which carries a sentence of 2 to 20 years in prison and fines up to $10,000.

Suppose the circumstances are more severe, such as assaults against public servants or repeat violent conduct. In that case, the charge may be upgraded to a first-degree felony, with penalties ranging from 5 to 99 years or life imprisonment, with the same fine.

Felony Assault

Some assaults are charged as felonies not because of injury severity, but due to circumstances such as prior convictions or the victim’s identity (like a police officer). A third-degree felony assault is punishable by 2 to 10 years in prison and fines up to $10,000.

Sentencing depends on the facts of the case and the defendant’s record. Felony convictions may also limit civil rights.

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The Victim’s Role

The emotional and legal weight of what happens when you press charges on someone for assault often places the victim in a confusing position.

While victims initiate the process by reporting the crime, they do not control whether charges are filed or dropped. The prosecution makes that decision based on available evidence.

Victims are expected to cooperate with investigators and might testify if the case proceeds to trial. Once charges are filed, the case moves forward even if the victim later changes their mind.

Dealing with the Outcome of a Case

After what happens when you press charges on someone for assault, the aftermath may continue long after the courtroom proceedings end.

Financial Implications

Assault cases often bring financial stress. Defendants face legal fees, court costs, and possible restitution. Victims may need to cover medical expenses, therapy, or lost wages, and some may file civil claims for compensation.

Ongoing Legal Matters

Even when the case is over, the legal impact may linger. Probation conditions, appeals, and no-contact orders can extend the consequences over months or years.

A conviction can also influence legal disputes, including custody matters or divorce proceedings. An assault lawyer can guide clients through the aftermath.

Need Legal Help from an Austin Assault Lawyer?

Knowing what happens when you press charges on someone for assault is only part of the picture. Getting experienced legal guidance can make all the difference.

At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we fight for your rights and guide you through every step, whether you’re facing charges or seeking protection. Call (512)-369-3737 today to speak directly with an assault lawyer in Austin.

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