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.

DWI vs DUI in Texas:
What Is the Difference? 

In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are distinct charges. Understanding which applies to your situation matters. 

DWI (Driving While Intoxicated):

Applies to adults. A person is legally intoxicated in Texas when their blood alcohol concentration (BAC) is 0.08 or higher, or when alcohol or drugs have impaired their normal use of mental or physical faculties. DWI is the more serious and more commonly charged offense.

DUI (Driving Under the Influence):

In Texas, DUI specifically applies to minors (under 21) who have any detectable amount of alcohol in their system while driving. It does not require proof of impairment — any amount triggers the charge.

Felony DWI

A third DWI offense, or a DWI involving a child passenger or serious bodily injury, can be charged as a felony. Felony DWI carries significantly more serious consequences including state prison time.

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.

Additional consequences can include ignition interlock device requirements, community service, DWI education programs, and a permanent criminal record.

How a DWI Case Typically Moves Through Montgomery County Courts

A DWI case in Montgomery County generally follows this sequence. Timelines vary depending on the court's docket and whether the case proceeds to trial.

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Arrest and booking

You are taken to Montgomery County Jail, booked, and a bond is set. You may be released the same day if bond is posted.

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ALR process

Separately from the criminal case, TxDPS initiates an administrative process to suspend your license. You must request a hearing within 15 days to contest this.

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Arraignment

Your first court appearance. You are formally informed of the charges. This is not the time the case is resolved.

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Discovery and case review

Your attorney requests evidence, including the police report, dashcam or bodycam footage, breath or blood test records, and field sobriety test documentation.

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Pretrial motions

our attorney may file motions to challenge the stop, the test results, or other aspects of the evidence. Some issues can result in suppression of evidence.

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Plea negotiation or trial

Many cases are resolved through negotiation. If a fair resolution is not available, the case proceeds to trial. Your attorney will advise you on which path makes sense given the evidence.

Possible Defenses in a DWI Case 

Every DWI case turns on its own facts. The following are examples of issues that a DWI defense attorney may examine. None of these guarantee any particular outcome.

The legality of the traffic stop

An officer must have reasonable suspicion to stop your vehicle. If the stop was not legally justified, evidence gathered during it may be challenged.

Blood test chain of custody

Blood samples must be collected, stored, and tested following specific procedures. Issues in this chain can affect the admissibility of results.

Field sobriety test administration

Standardized field sobriety tests have specific administration protocols. Deviations from those protocols can affect the reliability of the results.

Rising BAC

BAC continues to rise after drinking stops. If the test was administered well after the stop, your BAC at the time of driving may have been different.

Breath test calibration and procedure

Breathalyzer devices must be properly maintained and calibrated. The officer administering the test must follow specific protocols.

Medical conditions

Certain medical conditions can produce symptoms that resemble intoxication or interfere with breath test results.

Frequently Asked Questions About DWI Charges in Montgomery County 

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Speak With a DWI Lawyer in Montgomery Count

If you were charged with DWI or DUI in Conroe or anywhere in Montgomery County, contact the Law Office of Timothy Rose. The ALR deadline moves quickly. Act now to protect your driving privileges and understand your options.

Call Now

Consultations are confidential. If you were arrested or given a court date, call as soon as possible.