Houston Files an Aggravated Assault Case Every 40 Minutes. The 18 Assault Charges We Defend at 1201 Franklin — §22.01–§25.11, a $500 Ticket to Life — and Where Each One Breaks (2026)
- mdmercer
- 5 days ago
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Houston Assault Charges · Harris County · Updated August 2026
Houston Files a New Aggravated Assault Case Every 40 Minutes — and Under Texas Penal Code §22.01–§25.11 It Can Be Any of the 18 Assault Charges We Defend, From a $500 Class C Ticket to a First-Degree Felony Worth Life.
A Harris County Prosecutor Has Already Picked Yours. This Page Takes It Apart, Charge by Charge.
By Michael D. Mercer, Houston Criminal Defense Attorney · Mercer Law · 917 Franklin St #550 — three blocks from where your case will be heard · Free consultation 24/7: (713) 208-7682
Somewhere in Houston during the next 40 minutes, another aggravated assault case will be filed — HPD logged 6,577 of them in the first six months of 2026, more than San Antonio and Dallas combined. If the next one is yours, understand what has already happened: an officer who wasn’t there when it started called a Harris County prosecutor you will never meet — before you were even booked — and that prosecutor approved a charge off the State’s menu. The eighteen on this page are the ones we defend, day in and day out, at 1201 Franklin. The person who dialed 911 is no longer in control of any of it. In Texas they can’t take it back. Only the State can drop an assault charge now, and the State doesn’t drop charges out of mercy. It drops them when it can’t win.
Texas Penal Code Chapter 22 — with reinforcements from Chapters 25 and 49 — is where all eighteen live, and the spread is brutal: the same word, “assault,” covers a $500 Class C ticket (§22.01(a)(2)–(3)) and a first-degree felony carrying up to life (§22.021) — with a flat 25-year minimum when the victim is a young child. Between those poles sit the workhorses of the Harris County docket: Assault–Bodily Injury (§22.01(a)(1)); Assault–Family Violence — which under Family Code §71.004 doesn’t require a family, because someone you dated once qualifies; the choking allegation of §22.01(b)(2)(B) that turns a Class A misdemeanor into a third-degree felony on the strength of one hand near a throat; and Aggravated Assault with a Deadly Weapon (§22.02) — where “deadly weapon” has meant guns, knives, cars, and, in one case we defended, a motorcycle helmet.
Now the part the system never explains while it’s processing you: Texas Penal Code §2.01 presumes you innocent and forces the State to prove every element of the exact charge beyond a reasonable doubt. Every one of the eighteen charges below is nothing more than a checklist of elements. Every element is a place where the State’s case can break. That is this entire page: all eighteen charges — the word-for-word statute, the true penalty range, the real numbers out of Harris County’s courts, and the exact point where each one dies. And the numbers say it plainly: more than half of the family-violence assault cases Texas courts closed last year ended in dismissal. The State already knows its cases break. Now you do.
All of it happens at 1201 Franklin Street, where Harris County’s criminal courts absorb roughly one of every four family-violence assault charges filed in the entire State of Texas — sixteen-thousand-plus new cases a year. Our office is at 917 Franklin, three blocks from the courthouse doors, where over a decade of defending these exact charges has built a 4.9-star, 117-review record around one kind of outcome: dismissed.
Charged, or about to be? Find the break in your case before your first court date. Free consultation, any hour: (713) 208-7682
The 18 Assault Charges We Defend — Jump to Yours
Every section: the word-for-word law · the real penalty · the real Texas & Harris County numbers · where the charge breaks.
Assault by Threat §22.01(a)(2)
Assault by Offensive Contact §22.01(a)(3)
Assault–Bodily Injury §22.01(a)(1)
Assault on a Family Member §22.01 + Fam. §71.004
Assault–FV with Prior Conviction §22.01(b)(2)(A)
Assault by Impeding Breath (Choking) §22.01(b)(2)(B)
Continuous Violence Against the Family §25.11
Aggravated Assault–Family Violence §22.02(b)(1)
Aggravated Assault w/ Deadly Weapon §22.02(a)(2)
Aggravated Assault–Serious Bodily Injury §22.02(a)(1)
Assault on a Public Servant §22.01(b)(1)
Assault on a Peace Officer or Judge §22.01(b-2)
Sexual Assault §22.011
Sexual Assault of a Child §22.011(a)(2)
Aggravated Sexual Assault §22.021
Intoxication Assault §49.07
“Assault and Battery” in Texas §22.01
Violation of a Protective Order §25.07
Also on this page: Adjacent charges · How charges die · The first 72 hours · Which courthouse · Your record · Results · FAQ · Sources
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Assault by Threat in Houston — §22.01(a)(2): the Assault Charge With No Touch at All
You never touched anyone. Under §22.01(a)(2), that is not a defense — the charge is the threat itself, words plus imminence, nothing more. And here is the part our clients learn on day one: the police weren’t there when the words were said. They arrived after it was over, heard one side, and wrote that side down. The officer can’t possibly know the entire story — and too often the wrong person is arrested on the strength of the loudest voice in the room.
Because Class C assault is tried in municipal and JP courts — not at 1201 Franklin — people treat it like a traffic ticket. Then it surfaces on a background check wearing the word “ASSAULT.” Fight it like it matters, because it does.
Texas Penal Code §22.01(a)(2), (c) — the word-for-word law (excerpt): “(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual…”
Read the full statute · verified current August 2026
Penalty — Class C misdemeanor — fine only, up to $500 (§12.23). Enhancements can raise it against certain protected persons.
The numbers — Texas filed 11,918 new non-family misdemeanor assault cases in FY2025 (OCA) — and the threat variant is the thinnest of them to prove.
Where it breaks
Imminence. A threat about "someday" is not a threat of imminent injury — the State must prove the target reasonably perceived it as now.
Perception evidence. No recording, no unbiased witness — one word against another rarely completes the checklist.
The controlling case. Olivas v. State, 203 S.W.3d 341 (Tex. Crim. App. 2006) judges the threat by what was actually communicated — which makes the words themselves, their imminence, and the surrounding conduct the entire case. “Someday” is not imminent. Conditional is not imminent.
Where this charge lives — Class C cases are not tried at 1201 Franklin — they belong to municipal and JP courts: Houston Municipal Court, Pasadena, Baytown, Bellaire and the county JP precincts. Different courtroom, same permanent-record stakes.
“I would highly recommend anyone with any case to Michael Mercer. He made me feel completely comfortable and he got my case dismissed within 3 visits to the courts. I cannot thank Mr. Mercer enough for everything he has done for me and my case.”
— Emely Maiden, ★★★★★ Google review
Words are the whole case here. Make the State prove every one of them.
Related: Misdemeanor Lawyer · Assault by Contact · How charges die
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Assault by Offensive Contact — §22.01(a)(3): the Assault You Can Commit With One Finger
A finger in a chest. A shoulder shoved on the way out of a bar. An arm grabbed in an argument. Texas charges physical contact as assault when the State decides you knew the other person would take it as “offensive or provocative” — no injury, no pain, no mark required.
What the State still has to prove is what was in YOUR head — that you knew or reasonably should have known how the contact would land. Context is the whole case: the wrestling match between roommates, the crowded hallway, the mutual shoving match all read very differently than the police report’s single paragraph says they do.
Texas Penal Code §22.01(a)(3), (c) — the word-for-word law (excerpt): “(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. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual…”
Read the full statute · verified current August 2026
Penalty — Class C misdemeanor, fine up to $500 — but Class A if committed against an elderly or disabled individual (§22.01(c)).
The numbers — of 21,558 non-family misdemeanor assault dispositions in FY2025, just 11 ended in acquittal — because almost none of these survive to a jury; they die earlier, by dismissal (OCA).
Where it breaks
The knowledge element. The State must prove you knew or reasonably should have known the contact would be taken as offensive.
Consent and context. Mutual, social, or accidental contact defeats the element (§22.06 consent defense).
Where this charge lives — Same municipal/JP venue as assault-by-threat — Houston, Pasadena, Baytown city courts and Harris County JP precincts.
“I hired Mercer and Keirnan to defend me in a misdemeanor case. They got the case dismissed in no time without me ever having to show up in court. These are no doubt some of the best criminal defense attorneys in Houston. Highly recommend these attorneys!!!! Wish I could give more than 5 stars.”
— Mikal Ames, ★★★★★ Google review
A touch is not a conviction. An element unproven is a case that ends.
Related: Misdemeanor Lawyer · Assault by Threat · How charges die
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Assault–Bodily Injury — §22.01(a)(1): Pain Alone Counts as “Injury” — and Nearly Half These Cases Die by Dismissal
“Bodily injury” in Texas means physical pain — that is the entire threshold. No visible mark is required by the statute; a grab that hurt can be papered the same Class A as a black eye. This is the workhorse charge of the Harris County misdemeanor docket, filed all day, every day, out of HPD, Pasadena, Baytown, and the HCSO belt.
And it is the charge where the one-sided report does the most damage. The police usually don’t arrive until after the incident occurs; the story that gets written down is usually the one told by whoever called first. Our job starts there: making sure your voice isn’t drowned out by your accusers — because in these cases, the other half of the story is very often the whole defense.
Texas Penal Code §22.01(a)(1) + §1.07(a)(8) — the word-for-word law (excerpt): “(a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 'Bodily injury' means physical pain, illness, or any impairment of physical condition.”
Read the full statute · verified current August 2026
Penalty — Class A misdemeanor: 0 to 365 days in county jail and up to a $4,000 fine (§12.21).
The numbers — statewide FY2025: 46.4% of disposed non-family misdemeanor assault cases — 10,003 of 21,558 — were dismissed; only 22.6% ended in conviction (OCA).
Where it breaks
Proof of pain. The State must prove injury through testimony it can defend — contradicted or absent medical evidence breaks it.
Who started it. Self-defense (§9.31) flips the story the police wrote at the scene.
The one-sided report. Officers arrive after it ends; the arrest usually records one side. That is a weakness, not a verdict.
The controlling case. Lane v. State, 763 S.W.2d 785 (Tex. Crim. App. 1989): the bodily-injury definition is “purposefully broad” — a twisted wrist and a bruise sufficed. The breadth cuts both ways: because almost anything can qualify, the case turns entirely on whether the State can prove pain actually occurred and who actually caused it — not on how bad it looked.
Where this charge lives — Filed everywhere the ring runs — HPD citywide, Pasadena, Baytown, and the HCSO belt (Spring, Cypress, Katy, Humble, Channelview) — all funneling into the 16 County Criminal Courts at Law at 1201 Franklin.
“I was dealing with an assault with bodily injury case and hired a lawyer that was on the case for 1 full year and did nothing for me. I hired Michael in December and literally within one month my case was dismissed. He's hard to get in touch with at times, but he will definitely get the job done. I HIGHLY recommend Michael Mercer!!”
— Joyce O, ★★★★★ Google 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, ★★★★★ Google review
Pain they cannot prove is a charge they cannot keep.
Related: Assault Attorney · Assault on a Family Member · How charges die
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Assault on a Family Member — §22.01 + Fam. Code §71.004: "Family" Includes Someone You Dated Once
Assault–family violence is prosecuted more aggressively in Houston and Harris County than any other misdemeanor on the docket — and it is prosecuted whether or not the person who called 911 wants it to be. The complaining witness cannot drop the charge. The State owns it, and the State pushes.
Understand what the label costs before you talk to anyone: “family” includes someone you dated once, a roommate, the co-parent you never married. And the family-violence finding itself is forever — it can never be sealed, it triggers a federal firearm ban, and it turns any future allegation into a felony. This is the charge where hiring counsel before your first court date changes the arc of the case — there are defenses here, and early work is what gets these dismissed.
Texas Family Code §71.004 — the word-for-word law (excerpt): “'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; (2) abuse, as that term is defined , by a member of a family or household toward a child of the family or household; or (3) dating violence, as that term is defined by Section 71.0021.”
Read the full statute · verified current August 2026
Penalty — Class A misdemeanor on a first offense: 0 to 365 days in jail and up to a $4,000 fine — plus the federal firearm ban (18 U.S.C. §922(g)(9)), the state five-year firearm bar (§46.04(b)), and a family-violence finding Texas treats as a crime of moral turpitude that stays on your record for life unless the case is dismissed.
The numbers — FY2025 statewide: 38,590 FV assault cases disposed — 56.6% dismissed — 21,832 cases — 13.9% deferred, only 22.7% convicted — all told, 70.9% of disposed FV assault cases never became a conviction (OCA). Harris County: 16,000–17,000 new FV cases a year — roughly 1 in 4 of all Texas FV assault charges.
Where it breaks
The relationship element. The State must prove the §71.004/§71.0021 relationship — not assume it.
Evidence that survives without the complainant. Prosecutors push forward even when the complainant recants; without independent proof, the checklist stalls at "beyond a reasonable doubt."
The affidavit of non-prosecution, used correctly. It does not drop the charge — only the State can (CCP Art. 32.02) — but in a thin case it exposes what the State cannot complete.
The controlling case. Edward v. State (Tex. Crim. App. 2021, PD-0325-20): a “dating relationship” must be “a continuing relationship of a romantic or intimate nature,” measured by length, nature, and frequency of interaction — and the statute excludes “a casual acquaintanceship or ordinary fraternization.” The relationship element is provable evidence, not an assumption — and where the proof is thin, the family-violence finding fails with it.
Where this charge lives — The volume engine is unincorporated Harris County — Spring, Cypress, Katy, Humble, Atascocita, Channelview (HCSO logged 6,953 violent offenses in 2025) — plus Pasadena and Baytown. Every case lands at 1201 Franklin.
“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.”
— Ade Owolabi, ★★★★★ Google review
“I've been working with Michael for a couple months and just got my case dismissed !!! He was excellent in detail and making sure I was aware of what was going to happen with either direction I was going with my case . I had a family …”
— Haylee Warcup, ★★★★★ Google review
The State took this case away from the person who called. Our job is to take it away from the State.
Related: Family Violence Attorney · How to Drop FV Charges (our guide) · Impeding Breath · The first 72 hours
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Assault–Family Violence With a Prior — §22.01(b)(2)(A): the Second Time Is a Felony
The plea you took years ago “to get it over with” — the class C deferred, the quick misdemeanor deal without a lawyer — is exactly what the State reaches for when the second allegation lands. One prior with a family-violence finding, and the same shoving-match facts that made a misdemeanor now make a third-degree felony.
Which means this case is really two fights: the new allegation, with every weakness any FV case has — and the old judgment, which the State must dig up, authenticate, and tie to you. Both have to hold. Break either one and the felony collapses back into what it actually was.
Texas Penal Code §22.01(b)(2) — the word-for-word law (excerpt): “(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: … (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if …”
Read the full statute · verified current August 2026
Penalty — 3rd-degree felony: 2 to 10 years in prison and/or a fine of up to $10,000 (§12.34).
The numbers — the OCA’s felony family-violence assault category — §22.01(b)(2) cases exactly like this one — FY2025 statewide: 19,336 disposed, 6,150 dismissed (31.8%), 3,986 deferred, 5,360 convicted (27.7%).
Where it breaks
The prior itself. The State must prove a valid, qualifying prior with an FV finding — defective or ambiguous old judgments break the enhancement.
Same checklist as the base charge. Every weakness of the underlying assault case still applies at felony stakes.
The controlling case. Flowers v. State, 220 S.W.3d 919 (Tex. Crim. App. 2007): to use a prior conviction, the State must prove both that the prior conviction exists AND that the defendant is the person convicted — and the record must actually carry that link. Old, ambiguous, or poorly-papered priors are where the felony bump dies.
Where this charge lives — The prior can come from any Texas county — but the new case lands where the arrest happened: Harris County’s felony district courts at 1201 Franklin, or the ring courthouses in Conroe, Richmond, Angleton, and Galveston.
“Mr. Mercer is the go to lawyer for assault cases. I'm not going to lie I thought I was going to jail without a doubt. 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 …”
— Poppint0ps, ★★★★★ Google review
Two fights, two checklists — the State has to win both. The defense only has to break one.
Related: Family Violence Attorney · Assault on a Family Member · Your record
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Assault by Impeding Breath (Choking) — §22.01(b)(2)(B): One Allegation, Instant Felony
No charge in the family-violence cluster moves faster on thinner evidence. One sentence in a statement — “he grabbed my neck” — and a Class A misdemeanor becomes a third-degree felony before anyone has looked for a mark, a bruise, or a medical record. Prosecutors charge it on the allegation alone, because the statute lets them.
The defense is built where the allegation is emptiest: what does the physical evidence actually show? These cases crack on the gap between the word “choked” and a record with no petechiae, no redness, no ER visit, no photographs — an inference with nothing under it.
Texas Penal Code §22.01(b)(2)(B) — the word-for-word law (excerpt): “(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: … (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if …”
Read the full statute · verified current August 2026
Penalty — 3rd-degree felony: 2 to 10 years in prison and/or a fine of up to $10,000. With a prior FV conviction it can reach second-degree.
The numbers — in the same felony §22.01(b)(2) category, FY2025: more cases were dismissed (6,150) than convicted (5,360) statewide (OCA).
Where it breaks
The impeding element. The State must prove breathing or circulation was actually impeded — absence of petechiae, marks, or medical corroboration is where these cases crack.
Mechanism testimony. Vague "grabbed near the neck" accounts rarely complete the statutory definition under cross-examination.
The controlling case. Marshall v. State, 479 S.W.3d 840 (Tex. Crim. App. 2016) sets the State’s bar — “an impediment is merely a hindrance or obstruction” — it need not stop breathing. Which is exactly why the defense fight is the evidence of hindrance: no marks, no petechiae, no medical corroboration, no consistent account — an inference with nothing under it.
Where this charge lives — Charged everywhere the FV machine runs — the HCSO belt (Spring, Cypress, Katy, Humble, Channelview), Pasadena, Baytown — and indicted into the Harris County district courts at 1201 Franklin.
“All i have too say is thank you so much Micheal Mercer !!! I was fighting a felony case that was highly serious and i thought i was done for ! He came through and got my case dismissed ! Such a relive and i can continue on with my life …”
— Carlos David Durant, ★★★★★ Google review
The word “choked” is not evidence. Hold them to what the record actually shows.
Related: Our impeding-breath deep dive · Assault on a Family Member · How charges die
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Continuous Violence Against the Family — §25.11: Two Allegations, Twelve Months, One Felony
Two arguments, twelve months, one felony. §25.11 lets the State stack two misdemeanor-grade FV allegations — neither one ever convicted, neither one strong enough alone — into a third-degree felony. And the statute’s strangest feature is right there in its text: jurors don’t have to agree on WHICH two incidents happened.
The defense answer is to refuse the bundle: each alleged incident is its own mini-trial with its own witnesses, its own gaps, its own defenses. The State wants one blurry felony; the defense makes it prove two sharp misdemeanors — beyond a reasonable doubt, each.
Texas Penal Code §25.11 — the word-for-word law (excerpt): “(a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code. Under §25.11(b), jurors "are not required to agree unanimously on the specific conduct in which the defendant engaged". (e) An offense under this section is a felony of the third degree.”
Read the full statute · verified current August 2026
Why the law exists — the Legislature rewrote §25.11 in 2019 because, in the committee’s own words, “prosecutors are unable to pursue charges… if the assaults occur in more than one county” (H.B. 1661 bill analysis, 86th Leg.). It is a statute engineered to make charging easier — and reading the State’s blueprints is part of taking it apart.
Penalty — Third-degree felony — 2 to 10 years (§12.34).
The numbers — Texas filed 33,784 misdemeanor FV assault cases in FY2025 but only 14,117 in the entire felony FV category — prosecutors reach for the felony escalators selectively, and every escalation is built from misdemeanor allegations that must each survive scrutiny (OCA).
Where it breaks
The window and the counting. The State must prove two qualifying acts inside 12 months — each act is its own mini-trial with its own weaknesses.
Double-exposure tactics. Prosecutors use §25.11 to recycle allegations that could not stand alone; the defense forces each one to stand alone anyway.
Where this charge lives — A felony filed countywide — and, since the 2019 amendment, buildable from incidents in more than one county: a Spring incident and a Conroe incident can now make one Montgomery or Harris felony.
“"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. …”
— Marcus Money, ★★★★★ Google review
One felony built from two maybes is still two maybes. Make each one stand alone — they usually can’t.
Related: Family Violence Attorney · FV With a Prior · Assault on a Family Member
Family-violence charges move fast and never wait for you to catch up. Get ahead of yours before the first setting — free, confidential, any hour: (713) 208-7682
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Aggravated Assault–Family Violence — §22.02(b)(1): Two Aggravators Hold Up a Life Sentence — Break One and It Falls
This is the ceiling of the family-violence cluster — deadly weapon plus serious bodily injury plus a §71.004 relationship, stacked into a first-degree felony with a 5-to-99 range. It is also the charge where prosecutors are most willing to overreach, because the label does their arguing for them.
But a first-degree ceiling is held up by TWO aggravators, and both must survive. Knock out the deadly-weapon finding or hold the injury below the “serious” threshold and the entire structure drops a full degree — and with it, the probation bar that makes these cases so dangerous to plead. There are defenses here; the worst mistake is negotiating as if there aren’t.
Texas Penal Code §22.02(b)(1) — the word-for-word law (excerpt): “(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code…”
Read the full statute · verified current August 2026
Penalty — First-degree felony — 5 to 99 years or life (§12.32).
The numbers — of 19,336 felony family-violence dispositions in FY2025, only 39 ended in acquittal — these cases are not won at trial, they are killed before it (OCA).
Where it breaks
Both aggravators must hold. Knock out either the deadly-weapon finding or the serious-bodily-injury threshold and the first-degree ceiling collapses.
Probation is barred after conviction for deadly-weapon findings (CCP Art. 42A.054) — which is exactly why these cases must be fought at the charge, not managed at the plea.
Where this charge lives — Tried in the felony district courts — 1201 Franklin for Harris arrests; Conroe, Richmond, Angleton, or Galveston when the address is one county over.
“I was fighting a false allegation by my spouse of aggravated assault with a deadly weapon in Harris County. Criminal Defense attorneys Michael Mercer and Casey Keirnan got my felony assault case dismissed! No probation. No fines. Straight …”
— Zion Rich, ★★★★★ Google review
A first-degree ceiling standing on contested proof collapses. Test every beam.
Related: Defending Agg-Assault FV (our guide) · Aggravated Assault w/ Deadly Weapon · Assault on a Family Member
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Aggravated Assault With a Deadly Weapon — §22.02(a)(2): When a Helmet Counts as a Weapon
In one of our cases, the “deadly weapon” was a motorcycle helmet. That is not a joke about the law — it IS the law: under §22.02, nearly any object can qualify depending on how it was used — guns and knives, but also cars, bottles, and boots. Which is exactly why this second-degree felony is filed as fast as it is.
The manner-of-use rule cuts both directions, though. The same doctrine that lets the State call a helmet a weapon requires it to prove the object — as actually used — was capable of causing death or serious bodily injury, and that it was used or exhibited DURING the assault. That showing fails more often than the charging paperwork suggests.
Texas Penal Code §22.02(a) + §1.07(a)(46) — the word-for-word law (excerpt): “(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. 'Deadly weapon' means: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.”
Read the full statute · verified current August 2026
Penalty — 2nd-degree felony: 2 to 20 years in prison and/or a fine of up to $10,000 (§12.33) — and with any prior felony conviction, the State can enhance to first-degree under §12.42(b): 5 to 99 years or life. First-degree also applies in the family-violence scenario above.
The numbers — Houston PD logged 6,577 aggravated assaults in the first half of 2026 — more than San Antonio and Dallas combined (MCCA). Statewide FY2025: 31,384 new aggravated-assault indictments, 41,746 dispositions — 30.6% dismissed, 24.2% deferred, 27.9% convicted, 159 acquittals (OCA) — and in FY2024, juries acquitted in 28% of agg-assault trials tried to verdict.
Where it breaks
The "deadly" finding. The State must prove the object, as used, was capable of causing death or serious bodily injury — the single most litigated element in the cluster.
Use vs. exhibition. Mere presence of an object at the scene is not "use or exhibition during the commission."
Self-defense at felony stakes. §9.31 does not switch off because a weapon is alleged.
The controlling case — from Houston’s own appellate court. McCain v. State, 22 S.W.3d 497 (Tex. Crim. App. 2000), up from the 14th Court of Appeals here in Houston, made the “weapon” question a manner-of-use question: a butcher knife riding in a back pocket counted because it facilitated the assault. The same rule is the defense’s opening — an object not shown capable of causing death or serious injury in the way it was actually used does not complete the element.
Where this charge lives — Citywide HPD volume plus the HCSO belt; every felony lands in a Harris County district court at 1201 Franklin.
“…some of the best criminal defense attorneys in Houston. I was facing an aggravated assault with a deadly weapon charge in Harris County and they got this felony assault case dismissed outright with no probation. Anyone charged with assault or aggravated assault in Houston should strongly consider calling Mercer Law Criminal Defense Attorneys. I couldn't be happier with how they handled my case!”
— hayder ibrahim, ★★★★★ Google review
“I had the privilege of working with Attorney Michael Mercer on an aggravated assault felony case, and I can't recommend him highly enough. He was incredibly tough, persistent, and thorough in handling my case, ultimately getting it …”
— Eduardo Avila, ★★★★★ Google review
The weapon finding is an argument, not a fact. Arguments can lose.
Related: Violent Crimes Attorney · Weapons Charge Attorney · Agg–Serious Bodily Injury
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Aggravated Assault–Serious Bodily Injury — §22.02(a)(1): One Punch, Twenty Years of Exposure
A punch in the eye that costs someone part of their vision is not a misdemeanor in Texas — it is aggravated assault with serious bodily injury, a second-degree felony carrying up to 20 years. One swing, one unlucky landing, and the entire case is transformed by a medical outcome nobody intended.
That is also the charge’s weakness: it lives or dies on a medical threshold. “Serious” has a legal definition — substantial risk of death, permanent disfigurement, protracted loss — and the State has to prove the injury met it as inflicted. The medical records, not the prosecutor’s adjectives, decide this element.
Texas Penal Code §22.02(a)(1) + §1.07(a)(17) — the word-for-word law (excerpt): “(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. '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.”
Read the full statute · verified current August 2026
Penalty — 2nd-degree felony: 2 to 20 years in prison and/or a fine of up to $10,000 (§12.33) — enhanceable to first-degree (5–99/life) with a prior felony under §12.42(b).
The numbers — across the aggravated-assault category statewide in FY2025, dismissals (12,754) outnumbered convictions (11,635) (OCA).
Where it breaks
The SBI threshold. The line between "bodily injury" and "serious bodily injury" is medical evidence — and it is fought with records, experts, and cross-examination.
Causation. The State must tie the specific injury to the specific act — intervening causes break the chain.
The controlling case. Blea v. State, 483 S.W.3d 29 (Tex. Crim. App. 2016): serious bodily injury is measured by the injury “as it was inflicted, not after the effects had been ameliorated” — the yardstick is the medical record of the injury itself, not the prosecutor’s adjectives.
Where this charge lives — Same volume engine as the deadly-weapon charge: HPD citywide plus the HCSO belt, prosecuted in the Harris County district courts three blocks from our door.
“Thank you so much Mr .Michael Mercer aggravated assault felony charge case dismissed In no time highly recommend thank you for your help I thank you Jesus for letting me find this great and awesome lawyer can't thank you enough God bless you!”
— Jenna Funes, ★★★★★ Google review
The medical chart decides this element — not the charge, and not the fear. Read the records before you fear the range.
Related: Assault Attorney · Agg–Deadly Weapon · How charges die
A felony range is not a verdict. Find out what the State actually has — free consultation, any hour: (713) 208-7682
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Assault on a Public Servant — §22.01(b)(1): the Instant Felony Nobody Sees Coming
The public-servant list has grown so long that most people charged under §22.01(b)(1) had no idea they were touching a protected class: process servers, security officers, emergency-room staff on hospital property — the Texas Medical Center corridor is written into this statute — and every flavor of government employee doing an official duty.
The enhancement has two load-bearing elements the base charge doesn’t: the person must have been LAWFULLY discharging an official duty, and you must have KNOWN who they were. Both are proof problems. Both are where these felonies get pulled back down.
Texas Penal Code §22.01(b)(1) — the word-for-word law (excerpt): “(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;”
Read the full statute · verified current August 2026
Penalty — Third-degree felony — 2 to 10 years (§12.34).
The numbers — Texas officers reported 6,468 assaults in 2024 and 6,391 in 2025 — these cases are charged aggressively, and charged fast (DPS).
Where it breaks
"Lawfully discharging." If the official duty was not being lawfully performed, the enhancement fails.
Knowledge of status. The State must prove you knew the person was a public servant acting officially.
Where this charge lives — The hospital-personnel clause makes the Texas Medical Center corridor the literal geography of this statute; the rest is anywhere official duty runs — traffic stops, the jail at 1200 Baker, the courthouse itself.
“with no sense of direction while fighting for my life, Michael Mercer and his law firm made sure I had peace of mind in exchange for their trust. I don't regret my decision in this law firm which led to my case being dismissed for ever grateful, I can finally take control of my life again .”
— Franci M, ★★★★★ Google review
Status, knowledge, lawful duty — three extra elements. Three extra exits.
Related: Assault Attorney · Peace Officer / Judge · How charges die
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Assault on a Peace Officer or Judge — §22.01(b-2): Half These “Assaults” Involve No Injury — and Injury Is the Element
Since 2024, bodily-injury assault on a peace officer or judge is a second-degree felony — the same range as aggravated assault — and it is charged out of exactly the moments you would expect: chaotic arrests, crowded scenes, hands everywhere, adrenaline on every side. We are not intimidated by the police, and this charge is why that matters.
Because half of the reported officer assaults in Texas involve no injury at all — and bodily injury is the element. Body-cam and bystander video have a way of telling a different story than the offense report, and in these cases the video IS the defense.
Texas Penal Code §22.01(b-2) — the word-for-word law (excerpt): “An offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty.”
Read the full statute · verified current August 2026
Penalty — Second-degree felony — 2 to 20 years (§12.33), current through the 2024 S.B. 4 amendments.
The numbers — of the 6,391 reported officer assaults in 2025, roughly half — 3,229 — involved no injury at all (DPS). The bodily-injury element is exactly where many of these charges break.
Where it breaks
The scuffle problem. Arrest-scene chaos gets charged as assault; body-cam and bystander video routinely tell a different story than the report.
Injury element still applies. "Bodily injury" must still be proven — an officer’s report of contact without injury does not complete the checklist.
Where this charge lives — Born at traffic stops and arrest scenes citywide — and concentrated where policing concentrates: downtown, the jail complex on Baker Street, and the freeway corridors.
“Mercer is a life saver. Please don't overlook this review. I was facing state prison with a class A felony. I put all my trust into Mercer. Walked away with NO JAIL, and charges dropped to a classB misdemeanor. I will forever be in debit to Mercer. THANK YOU SO MUCH FOR SAVING ME”
— Jorge Hernandez, ★★★★★ Google review
No injury, no element. No element, no felony.
Related: Violent Crimes Attorney · Public Servant · How charges die
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Sexual Assault — §22.011: the Charge Where the Presumption of Innocence Is Weakest in the Room
No criminal charge comes with a stronger presumption of guilt than a sex crime. That is the honest starting point — jurors walk in believing the accusation, employers don’t wait for verdicts, and false accusations occur more often than courts like to admit. It is also why this charge, above every other on this page, is defended early or defended badly.
If police are calling about a sexual-assault allegation — “we just want to hear your side of the story” — that call is evidence-gathering, and the time to have counsel was yesterday. The State’s case is consent circumstances, forensic timelines, and interview integrity. Every one of those is attackable, and prompt, diligent investigation is how these cases get dismissed.
Texas Penal Code §22.011(a)(1), (f) — the word-for-word law (excerpt): “(a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; An offense under this section is a felony of the second degree,…”
Read the full statute · verified current August 2026
Texas Penal Code §22.011(b) — the word-for-word law (excerpt): “A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence… and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist…”
Read the full statute · verified current August 2026
Penalty — Second-degree felony — 2 to 20 years — plus sex-offender registration (CCP Ch. 62) that can run for life.
The numbers — FY2025 statewide, felony sexual assault of an adult: 1,921 disposed — 824 dismissed (42.9%) vs. 540 convicted (28.1%) — dismissals outnumbered convictions (OCA). Offense reports statewide, 2025: 19,943 under the Penal Code sexual-assault categories (DPS).
Where it breaks
Consent. The central battleground in adult cases — and the State’s burden, not yours.
The forensic timeline. Delayed outcry, contaminated accounts, and suggestive interviews are documented, attackable weaknesses.
Talk to no one first. "We just want your side" is evidence-gathering; the checklist starts breaking the moment counsel controls the story.
The consent circumstances are elements too. Under §22.011(b), “without consent” exists only through statutorily listed circumstances — compulsion by force, threat with present ability, incapacity the actor KNOWS about. The State must prove the circumstance, not assume it — and knowledge elements are among the hardest things a prosecutor can prove.
Where this charge lives — Venue-neutral by nature — these cases arise countywide and are tried in the Harris County felony district courts at 1201 Franklin, or the ring-county courts when the allegation crosses the line.
“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
The presumption of guilt is public opinion. The burden of proof is law. Only one of them decides the verdict.
Related: Sexual Assault Lawyer · Sexual Assault of a Child · Aggravated Sexual Assault
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Sexual Assault of a Child — §22.011(a)(2): "Child" Means Under 17, and Mistake of Age Is No Defense
“Child” means under 17, and not knowing the age is no defense — the statute says so in its own words. These cases are built on a specialized machinery of outcry witnesses, forensic interviews, and hearsay exceptions that exists nowhere else in Texas criminal law — and that machinery has rules.
When the rules are broken — wrong outcry witness, a statement that is only a “general allusion,” a suggestive interview — the State’s core testimony can be excluded. Many of these cases can be dismissed after prompt and diligent investigation; all of them are lost by waiting.
Texas Penal Code §22.011(a)(2), (c)(1) — the word-for-word law (excerpt): “(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means;… Under §22.011(c)(1), 'child' means a person younger than 17 years of age.”
Read the full statute · verified current August 2026
Penalty — Second-degree felony minimum — with first-degree elevations, registration, and probation bars stacking above it.
The numbers — FY2025 statewide, indecency/sexual assault of a child: 7,694 disposed — 2,303 dismissed (29.9%), 2,948 convicted (38.3%) — the one category where convictions outpace dismissals, which is why early counsel matters most here (OCA).
Where it breaks
Outcry procedure. Texas’s outcry-witness rules are technical; violations exclude the State’s core testimony.
Interview integrity. Forensic-interview protocol failures are documented and attackable.
The controlling case. Garcia v. State, 792 S.W.2d 88 (Tex. Crim. App. 1990): outcry testimony must come from the FIRST adult told, and the statement must be “more than words which give a general allusion that something in the area of child abuse was going on” — it must describe the offense in a discernible manner. Wrong witness, wrong statement — the State’s core testimony can be excluded.
Where this charge lives — Filed countywide; in Harris County these cases run through specialized courts and the Children’s Assessment Center’s forensic-interview pipeline — machinery with rules the defense holds to the letter.
“I've hired Mercer & Keirnan in the past to represent me for prior criminal charges and all my cases have been dismissed. I wasn't guilty of this charge but The DA refused to dismiss it. Mr. Mercer set my case for trial. The prosecutor …”
— Terrence McConn, ★★★★★ Google review
The machinery has rules. Broken rules exclude testimony. Excluded testimony ends cases.
Related: Sexual Assault Lawyer · Sexual Assault · Aggravated Sexual Assault
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Aggravated Sexual Assault — §22.021: the Heaviest Charge on This Page
The heaviest charge on this page: a first-degree felony where the child variants carry a flat 25-year minimum — no probation, no deferred, no floor below it. When the State files §22.021, it is playing for everything.
The defense structure is the same as it is everywhere on this page, at maximum stakes: every aggravator is its own element. Defeat the weapon finding, the injury threshold, or the age-bracket aggravator, and the exposure changes by decades. Nothing about this charge forgives passive lawyering.
Texas Penal Code §22.021(e), (f) — the word-for-word law (excerpt): “An offense under this section is a felony of the first degree. The minimum term of imprisonment is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).”
Read the full statute · verified current August 2026
Penalty — First-degree felony, 5 to 99 or life — and a flat 25-year minimum when the victim is under 6, or under 14 with aggravating conduct (§22.021(f)).
The numbers — 7,587 felony sexual-assault-category cases were filed statewide in FY2025 (1,590 adult; 5,997 child) (OCA).
Where it breaks
Each aggravator is its own element. Defeat the aggravator and the exposure drops an entire universe — from a 25-year floor to a defensible case.
Everything from §22.011 still applies. Consent, forensics, outcry, interviews — at maximum stakes.
Where this charge lives — The same district-court venue as every first-degree felony in Harris County — and the charge most likely to be tried rather than pled, which makes venue and jury pool part of the strategy.
“I was facing a felony. Real life-changing stuff. I was scared, confused, and didn't know what direction my life was about to take. The Law Office of Michael D. Mercer stepped in and gave me hope. From the jump, they were transparent, …”
— Maygen Brown, ★★★★★ Google review
Decades ride on each aggravator. Attack every one like it’s the whole case — because it is.
Related: Sexual Assault Lawyer · Sexual Assault · How charges die
If police are calling “to hear your side,” the time is now — before you say a word: (713) 208-7682
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Intoxication Assault — §49.07: the Freeway Felony
Nobody intends this felony — the statute itself says “by accident or mistake.” A crash on I-45, the Katy Freeway, 290, or the Gulf Freeway, an injury in the other car, and a DWI becomes a third-degree felony with an interlock on your ignition before trial ever starts.
But “accident” does not mean automatic. The State must prove the injury happened BY REASON OF the intoxication — not the road, not the rain, not the other driver — and it must get the stop and the blood draw into evidence cleanly. Suppress the draw or break the causation chain and the felony goes with it.
Texas Penal Code §49.07 — the word-for-word law (excerpt): “(a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another… (c) …an offense under this section is a felony of the third degree.”
Read the full statute · verified current August 2026
Penalty — Third-degree felony — 2 to 10 years — with a deep-lung interlock device required as a bond condition (CCP Art. 17.441) — and a separate civil license-suspension (ALR) case that starts at the arrest, with only a 15-day window to demand the hearing that fights it (Transp. §524.031).
The numbers — the OCA felony-DWI category — which includes intoxication assault — FY2025 statewide: 54,879 filed, 76,113 disposed, 20,132 dismissed (26.4%), 16,816 deferred (22.1%), 23,478 convicted (OCA).
Where it breaks
Causation, twice. The State must prove intoxication AND that the intoxication — not road conditions, not the other driver — caused the injury.
The stop and the draw. Suppression of the stop or the blood draw guts the case.
The causation standard. Texas Penal Code §6.04(a): “A person is criminally responsible if the result would not have occurred but for his conduct” — applied to §49.07, the State must connect the injury to the intoxication itself, not merely to the crash (e.g., Rodriguez v. State, Tex. App.—Corpus Christi 2006). Road conditions, the other driver, and independent causes are all exits.
Where this charge lives — Freeway geography is the actual map of this charge: I-45 north to Spring and The Woodlands (Montgomery County), I-10 west through Katy (the Fort Bend line), 288 south to Pearland (Brazoria), Gulf Freeway to League City (Galveston County). Same statute everywhere — different courthouse and different DA the moment the crash crosses a county line.
“I would like to thank Mr. Mercer and I highly recommend him to anyone in need in a defense lawyer. Me and my family are grateful for his representation on my dwi case with a dismissal. Mr. Mercer is a true professional answer all my questions and help me with my difficult time in needs of a lawyer thank you again Mr. Mercer 💪”
— Henry Sierra, ★★★★★ Google review
“During a difficult time in my life, I found myself being charged with a Class A DWI, which is not something I'm proud of. I was recommended to use Michael Mercer, and during our initial consultation he made me feel better about my …”
— Max Goldstein, ★★★★★ Google review
Intoxication is not causation. Make the State connect that chain link by link.
Related: DWI Attorney · Arrested outside Harris County? · How charges die
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“Assault and Battery” — §22.01: the Charge Texas Doesn’t Have — and What You’re Actually Facing Instead
People call us asking about their “assault and battery” charge. Texas doesn’t have one — there is no battery statute here. The threat, the touch, and the injury all live inside one statute, §22.01, and which paragraph you’re charged under is the difference between a fine-only ticket and a year in county jail.
So the first act of defense is unglamorous and decisive: read the charging instrument. The exact paragraph, the exact enhancement, the exact allegation — that piece of paper, not the label the officer used, decides what fight this actually is.
Texas Penal Code §22.01(a) — all three modes — the word-for-word law (excerpt): “(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.”
Read the full statute · verified current August 2026
Penalty — Tracks the underlying paragraph: Class C (threat/contact) to Class A (bodily injury), with every enhancement above still in play.
The numbers — Texas county-level courts disposed 60,148 misdemeanor assault cases in FY2025 (38,590 family-violence + 21,558 other) — and not one of them was charged as “battery” (OCA).
Where it breaks
Charge-paper precision. The exact paragraph and enhancement control everything — the first defense step is reading the charging instrument, not the label.
Where this charge lives — Wherever you were arrested, the answer lives in the charging paperwork filed with the Harris County District Clerk — that document, not the label, sets the courtroom and the stakes.
“I have to give Michael Mercer a huge thanks for winning my case. I called his office set an appointment and he went straight to work for me. He won my case and got the charges dismissed. If anyone need a lawyer he is the right one to …”
— Kendall Green, ★★★★★ Google review
Find out what you’re actually charged with. Then kill that — not the label.
Related: Assault Attorney · Assault–Bodily Injury · Assault by Threat
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Violation of a Protective Order — §25.07: the Charge That Grows in the Shadow of the First One
The order was signed before you were released — and many times, police include your own address in it. Which means going home can be a new crime while the first case is still pending. This is the charge that grows in the shadow of an FV arrest, and it is the easiest one on this page to pick up by accident.
Two rules keep people out of this section: total compliance while the order stands — even if the protected person initiates contact — and moving fast to AMEND it. An experienced defense lawyer can ask the judge to modify the MOEP so you can return home and see your children; violating it instead hands the State a third-degree felony wrapped in a bow.
Texas Penal Code §25.07(a), (g) — the word-for-word law (excerpt): “(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case… . Under §25.07(g), the offense is a felony of the third degree if the defendant has violated the order or condition of bond by committing an assault or the offense of stalking.”
Read the full statute · verified current August 2026
Penalty — Class A misdemeanor — but a third-degree felony if the violation is committed by assault or stalking, or with two prior convictions (§25.07(g)).
The numbers — the order itself runs 61–91 days — 91–121 with a deadly-weapon finding (CCP Art. 17.292) — long enough to outlive the first several court settings of the case that created it.
Where it breaks
Order validity and notice. The State must prove a valid order and that you knew its terms.
"Knowingly." Accidental proximity and complainant-initiated contact are litigated territory — but the safe play is total compliance while we amend the order.
The controlling case. Harvey v. State, 78 S.W.3d 368 (Tex. Crim. App. 2002): the State must prove you were given “the resources to learn the provisions” of the order — a copy, or statutory notice — through the prescribed methods. No proper notice, no conviction.
Where this charge lives — MOEPs issue at magistration, before release — and can bar you from your own home for 61 to 91 days (91 to 121 with a deadly-weapon finding). Amending the order is often the first fight.
“I highly recommend Mr. Mercer. My case was dismissed and my wife and I are very happy with his services. Mr. Mercer is a great lawyer you want on your side. He's a Very honest person and tells you the truth. Thank you for everything Mr. Mercer.”
— JOE NAVA, ★★★★★ Google review
Comply completely. Amend quickly. And make the State prove you ever knew the terms.
Related: Our MOEP guide · Assault on a Family Member · The first 72 hours
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Chapter 22 Doesn’t Stop at 18 — the Adjacent Charges We Also Defend
Texas’s “Assaultive Offenses” chapter holds more than the eighteen above. When the facts drift, prosecutors reach for the neighbors: Indecent Assault (§22.012) — the 2019 statute filling the gap between assault and sexual assault; Deadly Conduct (§22.05) — recklessness that placed someone in danger, no injury required; Terroristic Threat (§22.07) — the threat charge that doesn’t require imminence the way §22.01(a)(2) does; and Injury to a Child, Elderly Individual, or Disabled Individual (§22.04) — the enhanced-victim statute. Same chapter, same courthouse, same rule: a checklist of elements the State must complete. If your charge wears one of these names, the playbook on this page is still the playbook — (713) 208-7682.
Related: All practice areas · The 18 · How charges die
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How Assault Charges Die: the Checklist, the Defenses, and the Numbers
Texas Penal Code §2.01: you are presumed innocent, and the State must prove every element of the exact charge beyond a reasonable doubt. CCP Art. 32.02: only the State can dismiss — with the judge’s consent — and it files its reasons in writing. Put those together and the entire practice of beating assault charges is one discipline: find the element the State cannot complete, and make that failure undeniable.
Texas Penal Code §2.01 — the word-for-word law (excerpt): “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 presumption of innocence alone is sufficient to acquit the defendant, unless the jurors are satisfied beyond a reasonable doubt of the defendant's guilt after careful and impartial consideration of all the evidence in the case.”
Read the full statute · verified current August 2026
Texas Code of Criminal Procedure Art. 32.02 — the word-for-word law (excerpt): “The attorney representing the State may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case setting out his reasons for such dismissal, which shall be incorporated in the judgment of dismissal. No case shall be dismissed without the consent of the presiding judge.”
Read the full statute · verified current August 2026
The defenses — Self-defense (§9.31): force is justified when and to the degree reasonably believed immediately necessary — but never in response to words alone. Consent / mutual combat (§22.06). And the quiet killer of most cases: insufficient evidence — the one-sided police report that cannot survive cross-examination. The hard lesson of Braughton v. State, 569 S.W.3d 592 (Tex. Crim. App. 2018) — a Harris County self-defense case — is that the jury, not the police report and not your sincerity, decides whether self-defense was reasonable. Self-defense is won with evidence built before trial, not with testimony alone.
The numbers (FY2025, Texas courts, OCA misd. / felony) — family-violence assault: 56.6% of disposed cases dismissed, 22.7% convicted. Other misdemeanor assault: 46.4% dismissed. Felony aggravated assault: 30.6% dismissed, 24.2% deferred — and juries acquitted in 28% of agg-assault trials (FY2024). The State drops what it cannot complete. These are the rates at which it happens — system-wide data, not a promise about any single case.
Zoom all the way out — Texas county-level courts disposed 377,733 misdemeanor cases in FY2025: 172,741 — 45.7% — ended in dismissal, against 125,188 convictions. Read that again: the single most common outcome of a Texas misdemeanor case is dismissal. District courts disposed 314,970 felonies; 83,874 — 26.6% — were dismissed. The system’s own ledger says charges are not verdicts — and the machine never slows: 332,297 new misdemeanor and 236,233 new felony cases were filed statewide in the same year.
Related: All 18 charges · Assault Attorney · Results
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The First 72 Hours: How an Assault Case Actually Starts in Harris County
The intake call. Before charges exist, the officer calls the Harris County DA’s intake division — prosecutors screen and approve charges by phone, around the clock, before you are booked — Harris County is unique in requiring prosecutor approval before charges are filed (documented). Most people never learn this happened.
Booking at the Harris County Joint Processing Center downtown.
Probable-cause court and magistration — running 24/7 — where bond is set and conditions attach.
The MOEP — in family-violence arrests, the emergency protective order is signed here, before release: 61–91 days, 91–121 with a deadly-weapon allegation, and it can bar you from your own home (CCP Art. 17.292).
First setting at 1201 Franklin — and the window where early defense work changes outcomes: evidence preserved, witnesses interviewed, the intake file challenged before the case hardens.
Two rules for this window, learned across a decade of these cases: never approach a prosecutor by yourself — the district attorney is not there to help you exonerate yourself, and anything you say can be used against you at trial. And bring us your witnesses immediately — police routinely fail to interview everyone who saw what happened, and those missing statements are often the facts that never made the offense report. Since bail reform, the system moves differently than people remember: Harris County misdemeanor filings fell from about 62,000 a year (2015) to 49,828 (2021) under the ODonnell consent decree’s monitoring — but what has not changed is that the early window decides cases.
Related: Protective-order violations · Pretrial diversion in Harris County (our guide) · Call now: (713) 208-7682
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Where You Were Arrested Decides the Courthouse — Houston, the Harris Belt, and the Ring Counties
Houston + Harris County — HPD and the satellite cities — Pasadena, Baytown, Deer Park, La Porte, Tomball, Webster, Bellaire, Humble — plus the HCSO belt (Spring, Cypress, Katy, Atascocita, Channelview): every one of these arrests is prosecuted at 1201 Franklin, three blocks from our office.
The ring counties — same Texas statutes, different courthouse, different District Attorney, different policies: Montgomery County (The Woodlands, Conroe — court in Conroe), Fort Bend County (Sugar Land, Missouri City, Richmond — court in Richmond), Brazoria County (Pearland — court in Angleton), Galveston County (League City, Texas City — court in Galveston). An arrest one exit down the freeway can mean a different prosecutor’s playbook for the identical charge.
Related: Intoxication assault — the freeway felony · The first 72 hours
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The Record: What Comes Off, What Never Does
Dismissed or acquitted — the arrest can be expunged under CCP Chapter 55A (recodified effective Jan 1, 2025; the Legislature’s own analysis says the rewrite was made “without altering its meaning or legal effect” — your rights survived, the citations changed, and advice still quoting old Chapter 55 is advice that hasn’t read the current law). Deferred adjudication on a non-FV assault — a nondisclosure can seal it. But hear the rule exactly as it works: assault-family member charges are not eligible for a non-disclosure, even after a deferred adjudication — they may only be expunged if the case was dismissed or ended in “not guilty.” And the record is not the only aftermath: an FV conviction carries the federal lifetime firearm ban (18 U.S.C. §922(g)(9)) and the Texas five-year bar (§46.04(b)); a felony conviction bars firearm possession for five years after release and then everywhere but your own home (§46.04(a)). The record fight and the dismissal fight are the same fight. That is why everything on this page aims at one outcome.
Related: Expungements & Nondisclosures · How to get expunged (our guide) · Assault on a Family Member
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The Proof: What "Dismissed" Looks Like in Real Cases
For over a decade, Michael Mercer has fought assault, aggravated assault, and family-violence charges in Houston and Harris County with one stated goal on every page of this site: get the case dismissed. A 4.9-star record across 117 Google reviews is what that goal looks like from the client’s side of the table.
“Mercer and Keirnan are the BEST criminal defense attorneys in Houston. I was referred to them from a family member, whose friend used them well over a decade ago. These guys have been around and know what they are doing! Michael Mercer is …”
— Carla Kennedy, ★★★★★ Google review
“These guys are the best in the business, HANDS DOWN! Not only will the get your case dismissed, but they do it for far cheaper than anyone else on the market. Difference being they actually care. I have used both of these guys on separate …”
— Aaron Cantu, ★★★★★ Google review
“Honestly, I thank God for Attorney Mercer. From the start, he was honest, professional, and went above and beyond to fight for me. He dismissed my case! I am deeply thankful for Attorney Mercer. 10/10 - highly recommend! He will fight for you with integrity and skill.”
— Chey B, ★★★★★ Google review
Related: All client reviews
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The Questions Everyone Asks First
Can the person who called 911 drop the charges? No. Once filed, only the State can dismiss — by written motion, with the judge’s consent (CCP Art. 32.02). The complainant’s wishes are input, not a decision.
Can I get an assault charge off my record? Dismissed or not-guilty: expunction. Deferred on non-FV assault: nondisclosure. FV findings: never sealable — see the record.
Do I need a lawyer if I’m innocent? Innocence is a fact; dismissal is a process. The State does not investigate your side — it proves its own. Someone has to make the checklist fail on the record.
Do I need a lawyer if the evidence is weak? The answer, in the words we use with every caller, is a resounding yes. The prosecutor will go to great lengths to convince you they can win. Without the knowledge and reputation of an experienced assault lawyer, the accused stands little chance — and will not be taken seriously by the judge or the prosecutor. The lawyer’s job is to know exactly what the State must prove and expose the weaknesses in it.
I have witnesses the police never talked to — does that help? Often decisively. Police frequently fail to interview everyone who saw what happened, and those witnesses can establish facts that never made the report. Give their information to your defense attorney — never approach the prosecutor yourself; anything you say can be used against you at trial.
What does a consultation cost? Nothing — free, confidential, any hour: (713) 208-7682.
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Sources — Every Number on This Page, Cited
Statutes (verified current August 2026): Texas Penal Code Ch. 22 · §25.11 · §25.07 · §49.07 · CCP Art. 32.02 · CCP Art. 17.292
Data: OCA FY2025 Felony Activity Detail · OCA FY2025 Misdemeanor Activity Detail · OCA FY2024 Annual Statistical Report · MCCA Violent Crime Survey, Midyear 2026 · Texas DPS Crime in Texas 2025 · Harris County DA family-violence volumes · ODonnell monitor coverage
Case law (Tex. Crim. App.): McCain, 22 S.W.3d 497 (2000) · Olivas, 203 S.W.3d 341 (2006) · Harvey, 78 S.W.3d 368 (2002) · Marshall, 479 S.W.3d 840 (2016) · Blea, 483 S.W.3d 29 (2016) · Flowers, 220 S.W.3d 919 (2007) · Lane, 763 S.W.2d 785 (1989) · Garcia, 792 S.W.2d 88 (1990) · Edward (2021, PD-0325-20) · Braughton, 569 S.W.3d 592 (2018) · Legislative intent: H.B. 1661 analysis (2019) · H.B. 4504 analysis (2023)
The charge is already moving. The checklist is already incomplete somewhere — find it before your first court date. Free consultation, any hour: (713) 208-7682
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