Assault & Family Violence Defense Lawyer in Montgomery County

Assault and family violence charges in Texas often come with immediate consequences that go beyond the criminal case itself, including emergency protective orders that can restrict where you live and who you can contact, and bond conditions that take effect the moment you are released from jail. Acting quickly after an assault charge matters. The Law Office of Timothy Rose handles assault, aggravated assault, and family violence defense in Conroe and across Montgomery County.

If you are on bond for an assault or family violence charge: 

Your bond conditions likely include a no,contact order or a protective order. Violating those conditions , even unintentionally , can result in your bond being revoked and your return to jail. Contact an attorney before reaching out to the other party for any reason. 

What to Do After an Assault Arrest in Montgomery County

  • Read your bond conditions carefully. If a protective order or no contact order is in place, follow it exactly, no exceptions, including text messages and third-party contact.

  • Do not contact the alleged victim, their family members, or anyone connected to the incident while your case is pending.

  • Do not discuss the facts of your case on social media, in text messages, or with anyone other than your attorney.

  • Write down a detailed account of what happened while it is fresh in your memory.

  • Contact a defense attorney as soon as possible. Family violence cases in particular can move quickly, and early involvement gives your attorney more options.

What Is Assault in Texas?

Texas defines assault in three ways: intentionally, knowingly, or recklessly causing bodily injury to another person; intentionally or knowingly threatening another person with imminent bodily injury; or intentionally or knowingly causing physical contact with another in a way that a reasonable person would find offensive or provocative. 

'Bodily injury' under Texas law means physical pain, illness, or any impairment of physical condition. It does not require visible injury. An allegation of pain alone can support an assault charge.

Simple Assault; Class A or Class C Misdemeanor

Simple assault causing bodily injury is typically a Class A misdemeanor. Threatening assault without physical contact is generally a Class C misdemeanor. Assault by offensive contact is a Class C misdemeanor.

Continuous Violence Against the Family

Two or more acts of family violence within a 12th month period, even without a prior conviction, can result in a charge of continuous violence against the family, which is a third-degree felony.

Assault Against a Family Member; Class A Misdemeanor with Elevated Consequences

When the alleged victim is a family member, household member, or someone with whom the defendant has had a dating relationship, the charge is classified as family violence. Family violence charges carry heightened consequences beyond the criminal penalties, including the loss of the right to possess a firearm under federal law following a conviction.

Aggravated Assault; Second or First, Degree Felony

Aggravated assault involves either causing serious bodily injury or using or exhibiting a deadly weapon during the commission of an assault. It is generally a second, degree felony. If the assault was committed against a family member, a public servant, or involved a firearm discharged from a vehicle, the charge can become a first, degree felony.

Penalties for Assault in Montgomery County

Class C Misdemeanor (Threatening Assault, Offensive Contact)

  • Fine only, up to $500
  • No jail time
  • Conviction still creates a criminal record

Class A Misdemeanor (Simple Assault with Bodily Injury)

  • Up to 1 year in county jail 
  • Fine up to $4,000 
  • Family violence finding triggers firearm prohibition under federal law 

Third, Degree Felony (Assault Against Specific Victims, Continuous Family Violence) 

  • 2 to 10 years in state prison 
  • Fine up to $10,000 

Second, Degree Felony (Aggravated Assault) 

  • 2 to 20 years in state prison
  • Fine up to $10,000

First, Degree Felony (Aggravated Assault, Elevated Circumstances) 

  • 5 to 99 years or life in state prison
  • Fine up to $10,000 

Additional Consequences of a Family Violence Finding 

  • Permanent bar on possessing a firearm under federal law 
  • Protective orders that restrict contact and housing 
  • Impact on child custody proceedings 
  • Immigration consequences for non-citizens 

Protective Orders and Bond Conditions in
Montgomery County

In family violence cases, courts frequently issue protective orders either at the bond hearing or shortly after arrest. These orders are separate from the criminal case and can require you to vacate a shared residence, maintain a specific distance from the alleged victim, and refrain from any contact whatsoever. 

Violating a protective order is a criminal offense. If your bond conditions include a protective order, your attorney can advise you on exactly what is and is not permitted. In some cases, the terms of an order can be modified through a hearing if both parties are willing. 

How an Assault Case Typically Moves Through Montgomery County Courts

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Arrest and bond hearing

You are booked and a magistrate sets bond. In family violence cases, a protective order is often issued at this stage automatically. Review bond conditions carefully before release.

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Arraignment

You appear in court, are formally informed of the charges, and enter a plea.

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Prosecutor review

The prosecutor reviews the evidence, including police reports, 911 recordings, medical records, photographs, and witness statements. The alleged victim's cooperation, or lack thereof, is one factor in the case but does not control whether the prosecution proceeds.

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Discovery

 Your attorney requests all evidence of the prosecution plans to use.

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Pretrial motions

Your attorney may challenge the admissibility of evidence or the legality of the arrest.

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Negotiation or trial

Many assault cases are resolved through negotiation. The appropriate path depends on the evidence, the circumstances, and the facts of the specific case.

Note on victim recantation: 

In Texas, the state, not the alleged victim, controls whether criminal charges move forward. Even if the alleged victim does not want to press charges or wishes to recant, the prosecutor can continue to pursue the case using other evidence. Contact an attorney regardless of what the other party has said. 

Possible Defenses in an Assault Case 

Self-defense

Texas law recognizes the right to use force to protect yourself when you reasonably believe force is immediately necessary to protect yourself against another's use of unlawful force. The force used must be proportionate to the threat.

Defense of others

You may use force to protect a third party under circumstances where that person would have the right to use force in self-defense.

False accusation

Not every accusation is accurate. Disputes that escalate into criminal charges do not always reflect what actually happened. An attorney can investigate the circumstances and identify inconsistencies in the account.

Lack of intent

Reckless conduct is the lowest mental state for assault. In some cases, the circumstances do not support even a reckless finding.

Insufficient evidence

The state must prove every element of the charge beyond reasonable doubt. If the evidence is limited or unreliable, your attorney can challenge whether the prosecution can meet that standard.

Consent

In limited circumstances, where both parties understand and consent to physical contact, consent may be a defense.

Frequently Asked Questions About Assault Charges in Montgomery County

  • Simple assault involves causing bodily injury, threatening someone with imminent bodily injury, or making offensive physical contact. Aggravated assault involves either serious bodily injury or the use or exhibition of a deadly weapon. Aggravated assault is a felony; simple assault is typically a misdemeanor. 

  • Not necessarily. In Texas, the state decides whether to prosecute, not the alleged victim. Prosecutors can, and often do, proceed with assault and family violence cases even when the alleged victim does not cooperate or wishes to recant. An attorney can advise you on how the specific facts of your case affect this. 

  • Violating a protective order is a Class A misdemeanor for a first offense, punishable by up to one year in jail and a fine up to $4,000. A second violation, or a violation involving assault, can be a felony. A violation can also result in your bond being revoked, returning you to jail while your case is pending. 

  • Under federal law, a conviction for a misdemeanor crime of domestic violence permanently prohibits you from possessing a firearm or ammunition. This applies even to misdemeanor family violence convictions in Texas. This prohibition is separate from and in addition to any state level restrictions. 

  • Continuous violence against the family is a third-degree felony in Texas. It is charged when a person commits two or more acts of family violence within a 12th month period, regardless of whether any prior charges were filed or whether the acts involved the same victim. 

  • Yes. Even in cases where the evidence seems limited, the consequences of an assault or family violence conviction are serious and lasting, particularly regarding firearm rights, protective orders, and the permanent criminal record. An attorney can evaluate the evidence, identify weaknesses in the prosecution case, and advise you on the best path forward. 

Talk to an Assault Defense Lawyer in Montgomery County

If you have been charged with assault, aggravated assault, or family violence in Conroe or Montgomery County, contact the Law Office of Timothy Rose. Protective orders and case timelines can move quickly. Call to discuss your situation in a confidential consultation.

Call Now

Request a consultation. If you were arrested or given a court date, call as soon as possible.