Houston Assault Attorney — We Get Your Story Heard

Assault Attorney with Experience

Are you looking for an experienced Houston assault attorney to help you defend assault, assault on a family member or aggravated assault charges? Are you a family member who wants to learn how to drop assault charges against a loved one?

Houston assault defense attorney Michael Mercer provides aggressive criminal defense for assault charges in and around Harris County, Texas — defending Houston since 2012, across more than three thousand cases.

Either way, the machine is already moving. Whoever made the arrest — an HPD officer working a downtown call, a Harris County Sheriff’s Office deputy out in the county belt, a Texas DPS trooper coming off a stop on I-45, a constable’s deputy serving a warrant — every assault arrest in this county rides the same pipeline. Booking at the Joint Processing Center on 1200 Baker Street, the magistrate, the District Attorney’s filing decision, then a courtroom at 1201 Franklin.

The trouble with many assault cases is that the police usually don’t arrive until after the incident occurs. The police officer can’t possibly know the entire story, and too often the wrong person is arrested. Often only one side of the story is heard.

Two machines, one morning, and the second starts the moment the first ends. If a case gets filed, the person who placed that 911 call no longer controls anything. Wishing you hadn’t called doesn’t stop it. Signing a paper doesn’t stop it. In Texas, only the State can dismiss a criminal case, and it does so in writing, with the judge’s consent, its reasons stated on the record (Code of Criminal Procedure art. 32.02).

The number nobody reads you at the roadside: in fiscal year 2025, Texas county courts dismissed 46.4% of the non-family misdemeanor assault cases they closed, and 56.6% of family-violence assault cases. That is not our arithmetic. It is the Office of Court Administration’s. The State doesn’t dismiss out of mercy. It dismisses when it can’t win.

Houston assault charge lawyer Michael Mercer will get your story heard. We are not intimidated by the police. We work side by side with each client to make sure that their side of the story is heard. Assault charge lawyer Michael Mercer protects Texans from false assault allegations and works closely with them to make sure their side of the story is heard — learn more about how to defend your assault, assault on a family member or aggravated assault case and schedule a free consultation with a Houston assault attorney with experience.

That work starts on the phone. Our office is at 917 Franklin Street, three blocks and four minutes on foot from the sixteen misdemeanor courts and twenty-nine felony district courts that hear these cases. Since 2012 this firm has walked into that building more than three thousand times, and the vast majority of those cases ended in dismissal — a record we state plainly because it is verifiable, and because no honest lawyer promises an outcome. The consultation is free, any hour, in English or Spanish. (713) 208-7682 is Michael D. Mercer’s direct line: no call center, no screening service, no intake clerk. The lawyer who answers is the lawyer who appears.

Mercer will make sure that your voice isn’t drowned out by your accusers.

Read below for the exact penalties for your assault charge in Texas.

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01 · THE CHARGE

What Does the State Actually Have to Prove? — Houston Misdemeanor Assault Attorney

Start with the statute the way we read it, not as a threat, as a checklist:

“Sec. 22.01. ASSAULT. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.”
— TEX. PENAL CODE §22.01(a) (current through the 89th Legislature, 2nd C.S., 2025)

Three different offenses share that one section number, and here is what those three paragraphs mean in practice. The definition of Assault under paragraph (1) is classified as a Class A misdemeanor charge, punishable by up to a year in jail and/or a $4,000 fine (§12.21). An assault under paragraphs (2) and (3) is considered a Class C Misdemeanor, punishable by a fine only, not to exceed $500 (§12.23). Those Class C cases never climb into 1201 Franklin at all; Houston Municipal Court and the justice-of-the-peace precincts hear them, and a conviction still prints the word ASSAULT on a background check.

“Bodily injury” carries a statutory definition most people never see:

“‘Bodily injury’ means physical pain, illness, or any impairment of physical condition.”
— TEX. PENAL CODE §1.07(a)(8) (current through the 89th Legislature, 2nd C.S., 2025)

Pain counts. No mark is required. The Court of Criminal Appeals has called that definition purposefully broad (Lane v. State, 763 S.W.2d 785 (Tex. Crim. App. 1989)), and the breadth cuts both ways, because pain is proven with testimony and records that have to survive cross-examination. This is the Class A lane, and it is where a one-sided report does the most damage.

The (a)(2) checklist — the threat. Intentionally or knowingly threatening someone with imminent bodily injury. Both words are elements: the fear, and the imminence. A promise about next week is not this charge, because the court measures the threat by what was actually communicated (Olivas v. State, 203 S.W.3d 341 (Tex. Crim. App. 2006)). Fighting a Class C still matters; the conviction prints ASSAULT on a background check, and a second conviction carries a 90-day minimum (§12.43(a)). The misdemeanor lanes are covered in full at misdemeanor defense in Houston.

The (a)(3) checklist — offensive or provocative contact. A finger in a chest. A shoulder on the way out of a bar. An arm grabbed in an argument. No injury, no pain, no mark: the State instead has to prove what the contact would mean and that you knew or reasonably should have known how it would land. Context is the element — the wrestling match between roommates, the crowded exit, the mutual shove. An elderly or disabled complainant makes it a Class A (§22.01(c)(1)); a sports official in their role makes it a Class B (§22.01(c)(2)).

One precision beat the rest of the internet skips: paragraph (1) lets the State charge reckless injury, while paragraphs (2) and (3) have no reckless door at all, only intentional or knowing (§6.03). The paragraph charged controls what the State must prove about your state of mind. And under all three checklists sits the engine:

“All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.”
— TEX. PENAL CODE §2.01 (current through the 89th Legislature, 2nd C.S., 2025)

Read that second sentence again. The arrest, legally, is nothing.

A currency note, because almost everything online quotes an older version of this law: the Legislature amended §22.01 twice effective September 1, 2025. Assaulting a utility employee or agent performing a duty is now a third-degree felony under new subsection (b)(10) (S.B. 482). This page is kept current with it.

With experience defending misdemeanor assault and assault on a family member in Houston and Harris County, misdemeanor assault attorney Michael D. Mercer provides high quality defense to clients charged with misdemeanor assault in Houston. A misdemeanor assault charge can become felony aggravated assault if a deadly weapon is involved or if serious bodily injury results. Get a free consultation with a Houston misdemeanor assault attorney today and learn how to beat assault and assault family member charges in Houston.

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02 · THE FELONY TIER

When the Charge Becomes Aggravated Assault — Defense Attorney for Aggravated Assault Charges in Houston

Are you looking for an experienced defense attorney for aggravated assault charges in Houston? A person commits aggravated assault with a deadly weapon if that person uses or exhibits a deadly weapon during the commission of an assault.

Michael D. Mercer is a top criminal defense attorney with experience defending aggravated assault charges in and around Harris County. If you or someone you know has been charged with aggravated assault, take advantage of our free consultation services or call 713-208-7682 to speak directly with Houston Assault Attorney Michael D. Mercer.

“Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person’s spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault.”
— TEX. PENAL CODE §22.02(a) (current through the 89th Legislature, 2nd C.S., 2025)

Nearly any object can qualify as a deadly weapon depending on how it is used, including guns, knives, vehicles or metal poles. The statute’s own test is the manner of use: anything that in the manner of its use or intended use is capable of causing death or serious bodily injury (§1.07(a)(17)(B)). The State does not get to assume the object was deadly. It has to prove how it was used.

In one case, our client was charged with aggravated assault by using a motorcycle helmet!

“Serious bodily injury” is injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

“(46) ‘Serious bodily injury’ means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
— TEX. PENAL CODE §1.07(a)(46) (current through the 89th Legislature, 2nd C.S., 2025)

A punch in the eye could cause permanent loss of vision and would probably result in Aggravated Assault-serious bodily injury charges being filed.

Aggravated Assault with serious bodily injury is a second degree felony, punishable by up to 20 years in prison and a $10,000.00 fine (§12.33). And if you are charged with felony aggravated assault, the state can use a previous felony conviction to enhance the punishment range to a first degree felony, which is 5 to 99 years or life in prison (§12.42(b)).

Penalties for Assault Charges in Texas

The penalties for assault charges in Texas can range anywhere from a fine to up to 20 years in prison, depending on the exact assault charge you are facing. Here is the ladder, read straight from the current text:

The charging paper says	Statute	Grade	The range
Threat of imminent injury · offensive or provocative contact	§22.01(a)(2)–(3), (c)	Class C misdemeanor	Fine only, up to $500
Offensive contact against an elderly or disabled person	§22.01(c)(1)	Class A misdemeanor	Up to one year in jail · fine up to $4,000
Threat/contact against a sports participant in their role	§22.01(c)(2)	Class B misdemeanor	Up to 180 days · fine up to $2,000
Assault — bodily injury	§22.01(a)(1), (b)	Class A misdemeanor	Up to one year · fine up to $4,000
Bodily injury against a public servant, security officer, emergency or hospital personnel, a process server — or, since September 1, 2025, a utility employee on duty	§22.01(b)(1)–(10)	Third-degree felony	2–10 years · fine up to $10,000
Family/household/dating partner — with a qualifying prior (a completed deferred counts, §22.01(f)) OR by impeding breath or circulation	§22.01(b)(2)	Third-degree felony	2–10 years · fine up to $10,000
Bodily injury against a peace officer or judge lawfully discharging duty	§22.01(b-2)	Second-degree felony	2–20 years · fine up to $10,000
Family-track assault with BOTH the prior and impeding breath	§22.01(b-3)	Second-degree felony	2–20 years · fine up to $10,000
Aggravated assault — deadly weapon or serious bodily injury	§22.02(a)	Second-degree felony	2–20 years · fine up to $10,000
Repeat-felony overlay: a second-degree charge plus one previously final felony conviction	§12.42(b)	Punished as a first-degree felony	5–99 years or life · fine up to $10,000
Repeat-misdemeanor floors: a prior Class A or felony takes a Class A to a 90-day minimum; a prior takes a Class B to a 30-day minimum	§12.43(a)–(b)	Minimums inside the same ranges	Per §12.21 / §12.22

Official source: Texas Penal Code §§22.01, 22.02, 1.07, 12.21–12.23, 12.32–12.35, 12.42, 12.43, 12.50 — statutes.capitol.texas.gov, current through the 89th Legislature, 2nd Called Session, 2025.

Two overlays sit on top of that ladder. A contact or threat against a pregnant individual to force an abortion is a Class A (§22.01(c)(3)). And an assault committed in a declared disaster area or under an evacuation order is bumped one category, with a Class A minimum becoming 180 days (§12.50(b)(4)).

The reality row. The ladder says what could happen. The system’s own ledger says what did: statewide in FY2025, Texas courts dismissed 10,003 of 21,558 disposed non-family misdemeanor assault cases, 21,832 of 38,590 family-violence assault cases, and 172,741 of 377,733 disposed misdemeanor cases of every kind — with 83,874 dismissals out of 314,970 dispositions in the felony district courts (Office of Court Administration). The State doesn’t dismiss out of mercy. It dismisses when it can’t win.

How long does the State have? Longer than folklore says, and precisely: two years for a standard misdemeanor (CCP art. 12.02(a)); three years for a misdemeanor assault against a family, household, or dating partner (art. 12.02(b)); five years for felony assault against those same classes and for aggravated assault (art. 12.01(4)(G), (I)); three years for other felonies (art. 12.01(11)). The Legislature touched the limitations chapter four separate times in 2025, and the numbers above are the current text. The clock limits the State — and for never-filed arrests, it also marks when a record becomes erasable.

The aftermath. Dismissed or acquitted, an arrest is expunction-eligible under the recodified Chapter 55A, in force since January 1, 2025, and a dismissal reflecting an absence of probable cause is an enumerated entitlement on the face of the statute (art. 55A.053(a)(2)(D)). A completed deferred adjudication cannot ordinarily be used to deny a professional license (CCP art. 42A.111(c-1)). Dismissed is step one. Erased is the finish line.

If alleged to have been committed against a “family member”, the accused could face charges of Aggravated Assault on a Family Member. Speak directly with assault attorney Michael Mercer by calling (713) 208-7682 and learn the best defense for your aggravated assault charge.

Aggravated assault lawyer houston →

03 · WHO THE LAW CALLS FAMILY

Assault on a Family Member — Lawyer for Assault Family Member Charges in Houston

Assault Family Member charges, also known as “assault family violence”, are among the most common types of assault charges. Assault-family member charges are prosecuted very aggressively in Houston and Harris County, whether or not the victim or complaining witness wishes to drop the charges.

The state of Texas can file assault on a family member charges even if the victim is not a member of your family or someone you have dated. Family Code §71.005 reaches anyone living in the same dwelling, related or not, and §71.006 reaches a former member of that household — the roommate who moved out months ago still counts.

Who can be considered a “family member” in Texas?

• a spouse, girlfriend, or former spouse or girlfriend;
• someone with whom you share a child with;
• a roommate or someone you live with;
• your child or your parent.

“‘Family violence’ means: (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself … (3) dating violence, as that term is defined by Section 71.0021.”
— TEX. FAM. CODE §71.004 (current through the 89th Legislature, 2nd C.S., 2025)

Hiring an experienced criminal defense lawyer for assault family member charges is extremely important. The finding that follows a conviction outlives the sentence: an offense carrying a family-violence finding can never be sealed (Gov’t Code §411.074(b)), a completed family-violence deferred counts as a prior if there is ever a next charge (§22.01(f)), and the conviction triggers the federal lifetime firearm ban (18 U.S.C. §922(g)(9)) alongside Texas’s own five-year bar running from release (§46.04(b)).

There are often defenses to domestic violence charges that an experienced assault defense attorney can use to get your case dismissed. Statewide in FY2025, 56.6% of disposed family-violence assault cases ended in dismissal (Office of Court Administration). Anyone searching for a top criminal defense lawyer for assault family member charges or aggravated assault on a family member should speak with an experienced assault lawyer before appearing in court.

We can also help to amend protective orders and Magistrate’s Orders of Emergency Protection (MOEP). That is not a favor a court does; it is written into the statute. An emergency order runs up to the 91st day but not less than 61 days, and up to the 121st day but not less than 91 days where a deadly weapon was involved — and the same subsection provides that after notice to each affected party and a hearing, the issuing court may modify all or part of the order if it finds the order as originally issued is unworkable (CCP art. 17.292(j)).

Houston family violence attorney →

04 · THE FAMILY OF CHARGES

One Word, Several Different Cases — Find the Page That Fits Yours

Types of Assault Charges

“Assault” is the word on the paper. The subsection is the case. Most people who land on this page tonight are actually charged with one of the variants, and each has its own anatomy, its own courthouse track, and its own page here.

Aggravated assault (§22.02). The paper says “deadly weapon” or “serious bodily injury.” A second-degree felony by default, 2–20 years; the first-degree lanes reach 5–99 or life; a prior final felony converts the range to first (§12.42(b)). → The aggravated assault lawyer page

Assault on a family member. The charge is built on a relationship element, and Family Code §71.004’s reach runs far past family. The finding that follows a conviction outlives the sentence: never sealable, firearm consequences, the next allegation a felony. → Assault on a family member lawyer

The family-violence system. Protective orders issued at magistration, bond conditions, the immediate questions of home and children. The charge is one page; the machinery around it is another. → Family violence defense attorney

Impeding breath (choking) allegations (§22.01(b)(2)(B)). One sentence in a statement — “he grabbed my neck” — flips a misdemeanor into a third-degree felony before anyone looks for a mark. The physical record, or its absence, decides it. → Impeding-breath charges, taken apart

Sexual-assault and adjacent Title 5 charges. Different presumptions, different machinery, handled in their own lane, with discretion. → Sexual assault defense

Everything else the statute shelves hold. Public-servant and peace-officer lanes, the sports-participant bump, continuous-violence stacking under §25.11‘s twelve-month window — the full catalog, charge by charge. → The 18-charge map

Violation of a Protective Order in an Assault Case (§25.07). The order that issued at magistration carries its own criminal exposure — violating it is a separate charge stacked on top of the assault. The 61–91 day clock, and how these orders get amended: → Magistrate’s Order of Emergency Protection (MOEP)

When the allegation climbs past assault entirely, the umbrella is violent crimes defense.

Aggravated assault lawyer houston →

05 · WHERE THE CASE BREAKS

Defenses to an Assault Charge

The state must prove every element of an assault case beyond a reasonable doubt. Sometimes the evidence simply is not sufficient to meet the state’s burden of proof.

Self-defense. Section 9.31 of the Texas Penal Code establishes Self Defense as a defense to an assault charge or aggravated assault charge. When defending yourself, you may only use “reasonable force” and only when immediately necessary.

“…a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.”
— TEX. PENAL CODE §9.31(a) (current through the 89th Legislature, 2nd C.S., 2025)

Words alone are not enough to invoke the right to self defense. However, when taken in context with the person’s actions, threatening words may warrant the use of self defense.

The statute carries presumptions worth knowing: a forcible entry into your home, vehicle, or business makes your belief presumed reasonable, and there is no duty to retreat from a place you have a right to be (§9.31(e)–(f)). Section 9.33 extends the same protection to a third person you stepped in for. And §2.03(d) provides that once the evidence raises the defense, a reasonable doubt on the issue requires acquittal. The candor we owe every client: the jury, not the police report, decides reasonableness (Braughton v. State, 569 S.W.3d 592 (Tex. Crim. App. 2018)).

Mutual combat or consent. The defense of consent is also a defense to an assault or aggravated assault charge, but may not be available for a felony assault with a deadly weapon charge. The term “mutual combat” is a common term used to show that both actors engaged each other and consented to the assault.

“The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury…”
— TEX. PENAL CODE §22.06(a) (current through the 89th Legislature, 2nd C.S., 2025)

The report was written one-handed. None of them was there — not the HPD officer, not the sheriff’s deputy, not the constable’s investigator. The 911 caller’s account became “the evidence” by default. A counter-record almost always exists: your texts from that night, the other person’s injuries or their absence, the timeline, the witness nobody at the scene interviewed. It has to be built early, before the file hardens. As Michael D. Mercer wrote in a published answer to a client fighting a false allegation: “The police aren’t witnesses to what happened so they frequently make mistakes. I will never let a client go down for something they didn’t do.”

The element that never happened. Pain they cannot prove on (a)(1). Imminence they cannot show on (a)(2). Knowledge they cannot establish on (a)(3). A mental state the charged paragraph does not even reach. An identification a chaotic scene cannot support. Insufficient evidence is not the absence of a defense. It is the absence of a completed checklist.

The process break. Not a defense, but a deadline the State hands you. Magistration includes a probable-cause screen, and when the magistrate finds no probable cause, that finding goes in the record, in writing, within 24 hours (art. 15.17(h)). The file has to survive paper. It does not always.

The witnesses nobody talked to. Many times in an assault case, the police fail to interview all the witnesses that saw what happened. These witnesses can often shed light on facts that are not in the original police report. The same is true of the record that never made the file: the 911 audio, the body-worn camera footage every major department in this county records, the complainant’s own texts from that night. Retention schedules are short and surveillance systems overwrite on loops measured in weeks, so preservation letters go out in the first week.

Significant investigation is often required to successfully defend assault charges. Defending Aggravated Assault on a Family Member charges requires extensive knowledge and experience of the law. Call an experienced Houston aggravated assault attorney at Mercer Law, Criminal Attorneys, for a free consultation.

Defending aggravated assault on a family member →

06 · THE FIRST 48 HOURS

The First 48 Hours After an Assault Arrest in Harris County

What happens in the next 48 hours matters more than what happens in the next six months. Here is the sequence, in order, as the law actually runs it.

The booking. The list of who could have arrested you in this county is longer than most people think: the Houston Police Department, the Harris County Sheriff’s Office, the eight elected constable precincts, Texas DPS troopers working the freeways, and the municipal departments policing their own streets — Pasadena PD, Baytown PD, Humble PD, Katy PD. Whoever made the arrest, everyone charged with a Harris County assault rides to the same address: the Joint Processing Center at 1200 Baker Street, the facility the City of Houston and Harris County built together, with the District Attorney’s office working cases through it. Fingerprints, the affidavit, the first charging instincts all happen there.

Magistration, and the 48-hour clock.

“In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested…”
— TEX. CODE CRIM. PROC. art. 15.17(a) (current through the 89th Legislature, 2nd C.S., 2025)

At that appearance the accusation is read, the affidavit identified, and the rights warned in clear language: counsel, silence, the right to end any interview, the right to an examining trial. The bail decision in that same window has to be individualized and least-restrictive (art. 17.028). And when the magistrate finds no probable cause, that finding goes in the record, in writing, within 24 hours (art. 15.17(h)). The checklist’s first test happens on paper before you have hired anyone.

The order that arrives before anyone asks. In family-track arrests, a magistrate’s order of emergency protection can issue right there at magistration, and it can bar a person from their own home. Since September 1, 2025, the paperwork itself is engineered for it: new art. 15.052 requires the complaint to carry the information needed to issue the order (S.B. 1896).

Bond, honestly. After the 2025 bail changes, assault bonds are individualized, and no schedule’s dollar figure belongs on a law-firm page until the county’s own record says it. What the law says: a Class A misdemeanor assault is not on the violence-offense list that bars personal bonds; the felony family-violence variants are.

The filing decision and the courtroom. The District Attorney’s office decides what, and where, to file. Class A misdemeanor assault goes to one of the 16 County Criminal Courts at Law at 1201 Franklin; the felony variants go to one of the 29 felony district courts in the same building. Where the call came from does not change that: a fight in a Cypress subdivision, an argument in Spring, a Tomball driveway, a Channelview street, a Kingwood cul-de-sac, a Clear Lake apartment — the misdemeanor and felony cases all resolve downtown. Only the Class C threat-and-contact cases stay local, in the municipal and justice-of-the-peace courts.

Never approach a district attorney or prosecutor by yourself without an attorney. The prosecutor is not there to help you exonerate yourself and may use anything you say against you should your case go to trial. If you have witnesses that you think can help your assault case, give their information to your assault defense attorney who can communicate this evidence to the district attorney. Have your lawyer, preferably an experienced assault lawyer, interview these witnesses and obtain their statements.

The evidence file, from the defense side. The State builds its packet immediately, whichever agency answered the call: 911 audio, the body-worn camera footage every major department in the county records, the officer’s offense report, photographs, the complainant’s statement, medical notes where they exist, and increasingly phone data, vehicle data, and a neighbor’s doorbell camera. Retention schedules are short, surveillance systems overwrite themselves on loops measured in weeks, and dashboard video gets recycled. Our preservation letters go out in the first week, because we have watched the difference it makes.

The resolution paths. Dismissal, which only the State can file, in writing, with the judge’s consent and its reasons on the record (art. 32.02) · pretrial diversion, for the right file and the right person · deferred adjudication, statutorily available for assault, with two traps named plainly: a family-violence deferred counts as a prior forever (§22.01(f)), and a family-violence finding never seals · plea · trial. On that last one, a record note instead of a speech: in Court No. 9 of the Harris County Criminal Courts at Law, an assault case with cause number 2529620 was set for trial and dismissed at the trial setting on March 21, 2025. Setting a case for trial does something to a weak file.

Bail reform is live, not history. The county courts’ own website still carries the standing notice to misdemeanor arrestees under the ODonnell consent decree. It is a framework we work inside every week.

For the family member making the call. If you are the spouse or parent holding this page at 2 a.m., the calls out of 1200 Baker are recorded. Tell your person two things and only two things: say nothing about the case, and wait for the lawyer.

Across the county line. Montgomery County assaults get prosecuted in Conroe, Fort Bend’s in Richmond, Brazoria’s in Angleton, Galveston County’s in the city of Galveston. Different courthouse, different district attorney’s office, same Penal Code. A longtime client put the record plainly in his own public review: “Mr. Mercer has gotten 2 dismissals for me on felony cases. One of those cases being in a county he wasn’t to sure of. Nonetheless that didn’t stop him from coming in and getting the judge to see the truth.” (Tyler Nichols, ★★★★★ Google review.)

First 48 hours harris county arrest →

07 · THE PROOF · IN THEIR WORDS

What the Record Sounds Like

Every page in this market can print the word “dismissed.” Here is what it sounds like from the people who lived it.

“Michael Mercer is a personal, professional, empathetic, diligent, caring and hard working who has the optimum interests of his clients at heart. He recently represented me in an assault family member case against me. Constantly assured me when I was down there was no evidence against me. He worked hard to have all cases dismissed in a lightning speed of time.”
— A. O., January 29, 2024

“”The case was dismissed. We don’t need to come into court this morning” were the word’s I received from Michael Mercer the morning of my felony case dismissal. I was so relieved. I had been waiting for those words for over half of a year, since I had been wrongly accused of assault, after acting in self-defense and out of protection of my daughter.”
— Marcus Money, ★★★★★ Google review

That is the §9.33 story above, told by the man who lived it.

And the voice that answers, from one of the 45 published owner responses on the firm’s profile:

“It was a true pleasure to fight for this client whom I believe was not guilty of the assault charges against him. Case dismissed. Best possible result and well deserved for such a great person.”
— Michael D. Mercer, in a published response

The record, in cause numbers: No. 2529620 — Assault — County Criminal Court at Law No. 9, Harris County — dismissed at a trial setting, March 21, 2025. More, in clients’ own words: “I hired Michael in December and literally within one month my case was dismissed.” (Joyce O, ★★★★★.) “Mr. Mercer set my case for trial. The prosecutor dismissed all charges on the day of trial.” (Terrence McConn, ★★★★★.)

“Mr. Mercer did a great job with my case. He got it dismissed and I was extremely happy, considering I was falsely accused in the first place. He did exactly what he said he’d do. He is professional, courteous and straight to the point.”
— Tiffany Torres-Zambrana, ★★★★★ Google review

And from the client who came in with a felony record and a pending assault: “With a felony prior and a pending assault case I was for sure i would be going away. Mr. Mercer worked his magic and low and behold I got everything I wanted.” (Poppint0ps, ★★★★★ Google review.)

Maria Garza, falsely accused and facing assault charges — her review, in full, and the answer he wrote back:

“I’m so thankful for the strong legal defense put together by Michael Mercer and his team. I was falsely accused of a very serious crime and was facing assault charges which could have led to time behind bars and a very serious and nasty stain on my record. Michael Mercer listened to me, understood my situation and was able to effectively manage my case. I can’t believe he was able to not only clear my name, but also prevented me from having to serve any time, pay any fines or even deal with probation. I don’t think many lawyers out there would have been able to do what he did. He soundly defeated my accusers and I couldn’t be happier with his work. I got a New York level legal defense with a Humble, TX price tag.”
— Maria Garza, ★★★★★ Google review

“I can’t thank you enough for these kind words. We don’t charge an arm and a leg for our representation like some lawyers do. if we believe we can help somebody, we want to do so without having to put them in a financially difficult situation.”
— Michael D. Mercer, in a published response

And the shortest one in the set — Olusayo Folayan: “I will recommend micheal for any criminal case, he so experienced and the charges is so moderate. He get my asult case dismissed.”

That docket entry is one of many the independent Show Me The Justice tracker keeps, documenting courtroom dismissals across five different Harris County courts from 2021 through this year. The cluster’s filed paperwork — the State’s own Motion to Dismiss with “court found no probable cause” checked in an aggravated case out of the 184th District Court, and the family-member dismissal granted at the complaining witness’s own request — lives with the pages that own those stories.

The frame around all of it: 4.9 out of 5 across 117 Google reviews, 45 owner responses written by the lawyer himself, and a State Bar record showing flat fees, payment plans, and zero disciplinary history in fourteen years. A member of HCCLA and TCDLA since 2012. Prior results do not guarantee outcomes; every case turns on its own facts.

Testimonials →

THE NEXT CALL · CONTACT AN EXPERIENCED HOUSTON ASSAULT ATTORNEY

Do I Need a Lawyer for an Assault Charge?

Many people facing an assault charge ask the question, “Do I need a lawyer for an assault or aggravated assault charge?” The answer is a resounding “Yes”.

In many cases, there is not enough evidence to prove that an assault occurred. The prosecuting attorney will go to great lengths to convince you that they have the evidence to obtain a guilty verdict. An assault lawyer who is experienced in defending assault and aggravated assault charges will know exactly what the prosecutor needs to prove their case against you and will expose the weaknesses of their case against you. Since 2012 that has been this firm’s only work, across more than three thousand cases. Top Houston Defense Attorney Michael Mercer will make sure that you aren’t found guilty of false accusations of assault.

Without the knowledge and the reputation of an experienced assault lawyer, the accused in an assault case stands little chance against the prosecutor. Without a lawyer, the accused will not be taken seriously by either the judge or the prosecutor.

We provide our confidential consultation services free of charge to anyone facing charges of misdemeanor assault, felony assault, assault-family member, aggravated assault or any other misdemeanor or felony assault charge. Call (713) 208-7682 for a free quote from an experienced Houston Assault Defense Attorney. The office is three blocks from the courthouse where your case lives, the lawyer who answers is the lawyer who appears, and se habla español.

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COMMON QUESTIONS ABOUT YOUR ASSAULT CASE

Straight answers

Can the Victim in an Assault Case Drop the Charges?

No. Only the district attorney can dismiss an assault case once charges have been filed. Before doing so, however, the district attorney will want to speak with the victim to obtain facts about the alleged assault and determine whether those facts are sufficient to prove that an assault occurred. The mechanism is statutory: the dismissal is a written motion stating the State’s reasons, and “no case shall be dismissed without the consent of the presiding judge” (CCP art. 32.02). Done right, through counsel, an affidavit of non-prosecution still matters, because it can expose what the State cannot prove without help. → How assault charges get dropped, lawfully

Can I get an Assault Charge off of my Record?

If the case was dismissed, or if a jury found you not guilty, you are eligible to have the assault charge expunged from your record. You may also be eligible to petition the court for a non-disclosure, or “sealing”, of the assault charge if you completed a deferred adjudication probation. Assault-family member charges are not eligible for a non-disclosure, even after a deferred adjudication. Assault-family member charges may only be expunged if the case was dismissed or resulted in a “not guilty” verdict. The expunction machinery now lives in the recodified Chapter 55A, in force since January 1, 2025, and a dismissal reflecting an absence of probable cause is an enumerated entitlement on the face of the statute (art. 55A.053(a)(2)(D)). The nondisclosure bar for family-violence findings is Gov’t Code §411.074(b). Hire an experienced assault attorney to give yourself the best chance of having any assault charge removed from your record. → Expungement and nondisclosure

What if I have Witnesses to Show I was Falsely Accused of Assault?

Many times in an assault case, the police fail to interview all the witnesses that saw what happened. These witnesses can often shed light on facts that are not in the original police report. If you have witnesses that you think can help your assault case, give their information to your assault defense attorney who can communicate this evidence to the district attorney. Never approach a district attorney or prosecutor by yourself without an attorney. The prosecutor is not there to help you exonerate yourself and may use anything you say against you should your case go to trial. Have your lawyer, preferably an experienced assault lawyer, interview these witnesses and obtain their statements. → Start with a free evaluation

Can I Get Pretrial Diversion for an Assault Charge in Harris County?

For the right file and the right person, yes. Harris County runs pretrial diversion programs that end with the case dismissed and the arrest eligible for expunction, and assault cases do reach them. Eligibility turns on the charge, the history, and the complainant’s position, which is exactly the assessment a free consultation produces before anyone spends a dollar. → Everything you need to know about pretrial diversion in Harris County

Is assault a misdemeanor or a felony in Texas?

Both, and the charging paper tells you which before any courtroom does. Base bodily-injury assault is a Class A misdemeanor, up to one year in jail and a $4,000 fine (§§22.01(b), 12.21). It becomes a felony when the complainant’s class or the history changes: a public servant, security officer, emergency or hospital personnel, a process server, and as of September 1, 2025 a utility employee on duty (§22.01(b)); a peace officer or judge (second degree, §22.01(b-2)); a family, household, or dating partner where there is a qualifying prior or an impeding-breath allegation (third degree, §22.01(b)(2)); the prior and the impeding allegation together (second degree, §22.01(b-3)); or a weapon or serious injury (§22.02). → When the paper says “aggravated”

Will I go to jail for a first-time assault charge in Houston?

The range is real, up to a year on a Class A (§12.21), but watch who the floors actually apply to: §12.43’s 90-day and 30-day minimums attach only to people with prior convictions. First-time misdemeanor charges in Harris County meet dismissal, diversion, and reduction paths constantly, and the system’s own ledger says how constantly: in FY2025, Texas courts dismissed 46.4% of non-family misdemeanor assault cases and 56.6% of family-violence assault cases (Office of Court Administration). → Pretrial diversion in Harris County

Someone I love was just arrested for assault in Harris County. What happens in the next 48 hours?

Booking at the Joint Processing Center at 1200 Baker, whether the arrest came from HPD, the Harris County Sheriff’s Office, a DPS trooper, one of the eight constable precincts, or a city department like Pasadena PD or Baytown PD. Then the law’s own clock: a magistrate within 48 hours (art. 15.17(a)), the accusation read, the rights warned, bond set on individual factors; and if the magistrate finds no probable cause, that finding goes in writing within 24 hours (art. 15.17(h)). In family-track arrests, an emergency protective order can issue right there, 61 to 91 days, 91 to 121 with a weapon allegation (art. 17.292(j)). The calls from the jail are recorded, so the safest words are short ones. → The first 48 hours, hour by hour

How much does an assault defense lawyer cost in Houston?

The structure is published where most firms will not put it: flat fees and payment plans are on our official State Bar record, not a sales line. The consultation is free at any hour, and it ends with the realistic range for your exact charge, because a Class C threat case, a Class A bodily-injury case, and a third-degree felony price differently and honestly. → Talk to Mercer directly, any hour

I don’t live in Texas anymore. Can you still handle my Houston assault case?

Yes, and the record of it is public. One client put it in his published five-star review: “Excellent lawyer—handled my case in Harris County while I was in NY and got it dismissed. Reliable, professional, and someone you can trust.” (Chris Castro.) A client referred across state lines: full dismissal. A client who moved mid-case: finished and dismissed. In many settings we can appear so you do not have to. The courthouse is three blocks from our office, not from yours. → Charged in Harris County while living out of state

¿Se habla español?

Sí. La representación completa en español está en nuestro perfil oficial del Colegio de Abogados del Estado de Texas. La consulta es gratis, confidencial, a cualquier hora: (713) 208-7682. El abogado que contesta es el abogado que aparece en el tribunal. → Consulta gratis, en español