Austin Location
608 West 12th Street, Suite B Austin, TX 78701
Georgetown Location
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions 
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, we help clients understand their rights during assault cases.
According to Section 22.01 of the Texas Penal Code, a person commits assault if they:
Even a verbal threat or a slight shove may qualify as an offense.
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:
Assault convictions significantly hinder housing, employment, and child custody.
Understanding what happens when you press charges on someone for assault also means recognizing how the criminal process unfolds from the very beginning.
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.
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.
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.
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 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 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.
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.
Fill out the form below or call us at 512-369-3737. You will receive an answer within 24 hours
request free consultation
Call Us: 512-369-3737
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.
After what happens when you press charges on someone for assault, the aftermath may continue long after the courtroom proceedings end.
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.
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.
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, we defend 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.
Client Reviews
The firm has earned 145+ five-star Google reviews from former clients. Read recent reviews on Google.
View More Reviews on Google Maps and Yelp
David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
In Texas, aggravated assault stands out as one of the toughest charges a person can face, with life-changing outcomes. Knowing what is aggravated assault matters because it shapes what the state must prove and how...
It’s important to understand how self-defense works in Texas. Otherwise, you may end up facing charges of assault, battery, or even homicide. Using reasonable force is allowed. However, you have to present evide...
Although it’s not considered good etiquette, spitting is considered illegal. So, if you spit on someone, whether out of rage or frustration, you may also be charged with assault. This crime is defined under...
This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions