This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.

Houston Domestic Violence Battery Lawyer
by Brian LaVine / Last Updated: December 16, 2025
Houston Battery Lawyer

At LaVine Law Firm, our Houston battery lawyer knows that assault and battery charges in Texas are serious matters, not simple “fights.” These cases often involve rapid police decisions and harsh claims by the state. In a recent year, the Texas Department of Public Safety reported over 40,000 assaults in Harris County, showing how aggressively these charges are filed. Even a misdemeanor battery charge can bring jail time, fines, and a criminal record that can follow you for years. A strong defense depends on the details, the evidence, and clear legal counsel. We stand ready to protect your rights and your future from the moment the case begins.

Our Houston Battery Defense Lawyer Fights for Your Rights

We build a strong defense for every client facing assault or battery charges. We study the evidence, challenge weak claims, and fight to protect your freedom. Our goal is to prevent convictions and reduce the severe consequences that can come from these charges. We push for the best outcome, whether it is a dismissal, a fair agreement, or an acquittal. You deserve a defense team that puts your needs first.

Understanding Battery and Assault Charges in Texas

Understanding Battery and Assault Charges in Texas

Texas legal system divides assaultive conduct into several levels, and each one carries different penalties. These charges can range from a simple Class C misdemeanor to a serious felony that brings long-term consequences. Police may pursue criminal charges even when the facts are unclear or the incident began as self-defense. We help you understand the law, the risks, and your legal options. Our law offices provide the guidance needed to protect your rights.

Simple Assault: Threats and Bodily Injury

Simple assault involves causing bodily injury, making threats, or touching someone offensively. A claim can arise even when the injury is minor. These cases often depend on statements made in the heat of the moment. We study every detail to build a strong defense. Our job is to challenge claims that do not match the facts.

Aggravated Assault with a Deadly Weapon

Aggravated assault occurs when the alleged conduct involves a deadly weapon or causes serious bodily injury. These charges can lead to lengthy prison terms and a permanent criminal record. The state may claim the presence of a weapon even when the evidence is weak. We challenge these claims and examine all physical and digital evidence. Our goal is to protect your freedom and reduce the impact of the charge on your life.

Potential Penalties for an Assault Conviction

A conviction for assault or battery can change your life in ways you may not expect. These crimes carry heavy pressure from the prosecution and harsh penalties under Texas law. Even a second-degree felony or first-degree felony can grow from simple claims of physical contact or bodily harm. We help our clients understand these risks and fight to protect their futures. You should never face these penalties without strong legal representation.

Jail Time, Fines, and a Permanent Record

A conviction may lead to jail time, fines, and a lifelong criminal record. The sentence depends on the details, the harm, and the person accused. You may face:

  • Months or years in jail
  • Large fines and court costs
  • A permanent record that follows you for life
  • We work to reduce or dismiss charges whenever possible.

The Impact on Employment and Professional Licenses

An assault conviction can make it hard to keep or find a job. Employers may refuse to hire a person found guilty of a violent crime. Professional licenses may be at risk, affecting careers in health care, education, or public service. These consequences hurt both you and your family member who depends on you. We act fast to protect your ability to work and rebuild your future.

Common Defense Strategies in Battery Cases

Common Defense Strategies in Battery Cases

A strong defense starts with the facts. We study every action, statement, and piece of evidence to challenge the prosecution’s story. Many battery case charges come from misunderstandings or claims made without proof. As a team of experienced criminal defense attorneys, we build legal strategies that protect you from unfair outcomes. We fight to show when a defendant is innocent, or the evidence is weak.

Self-Defense and Defense of Others

Self-defense is a complete defense when you act to stop harm. If a person threatens you or someone you care about, the law may support your actions. We show how your actions protected you or another family member from danger. This strategy can help reduce or dismiss charges. We confirm each detail to prove your intent was lawful.

Lack of Intent or Insufficient Evidence

Assault and battery are two different crimes, but both require proof of intent. If prosecutors cannot prove you meant to cause physical harm, the case may fail. We show when the evidence is unclear, weak, or based on assumptions. Lack of intent or unclear contact can change the entire case. Our battery defense team works hard to expose gaps in the prosecution’s claim and protect your rights.

Frequently Asked Questions (FAQs)

What is the difference between assault and battery in Texas?

Texas law uses the word “assault” to cover both threats of harm and physical contact. What many people call a battery is treated as a form of assault. We explain how the offense is defined based on your circumstances. Our legal team helps you understand each part of the charge.

Can I go to jail for a simple assault charge?

Yes. A Class A misdemeanor can bring up to one year in county jail. Even simple cases can lead to harsh results. We work to prevent you from being convicted.

What should I do if I am arrested for assault?

Stay calm and do not talk about the incident. Anything you say can be used against you. Contact us right away so we can protect your rights. We guide you from the moment you are arrested.

Can an assault charge be dropped if the other person doesn't want to press charges?

A victim’s wishes can help, but the state can still move forward. The prosecutor decides whether the case continues. We show why the charges should be reduced or dismissed. Each case depends on the evidence and the circumstances.

Is "self-defense" a valid defense to a battery charge?

Yes. If you believed force was needed to protect yourself, self-defense may apply. We use every example and fact to prove your actions were lawful. This can be a strong defense in many assault cases.

How can a lawyer help with my assault case?

We investigate the event, review how the victim was injured, and challenge weak claims. Our experienced assault attorney also negotiates with prosecutors. We build a strong defense for trial when needed. Our goal is to help clients achieve the best possible result.

Consult with Our Criminal Defense Attorney Today

Consult with Our Criminal Defense Attorney Today

An assault or battery conviction can follow you for life and affect every part of your future. A sexual assault conviction or any violent offense may bring even harsher penalties. You need an experienced legal advocate who knows how to fight these charges from the start. At LaVine Law Firm, we are ready to stand with you and defend you at every stage. Our legal team uses proven strategies to protect your rights and your freedom.

Do not wait until the prosecution builds its case. Reach out to us for a free consultation so we can start protecting you now. We examine the facts, the circumstances, and the harm alleged. Your future matters, and you deserve strong legal counsel. Contact LaVine Law Firm today for a full and confidential case evaluation—we are ready to fight for you.

Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
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