A felony assault charge in Texas can turn your life upside down quickly. People are often shocked to learn that what started as a heated argument, a misunderstanding, or a chaotic moment has been filed as a felony, sometimes carrying decades of time in prison as a possible consequence.
Understanding why the State classified your case as a felony is the first step in figuring out what comes next. Equally as important is knowing that an arrest does not mean a conviction, and that many felony assault cases can be challenged, reduced, or even stopped early when handled correctly.
At MC Criminal Law, we represent clients facing serious assault allegations throughout Dallas, Collin, Denton, and Tarrant Counties and the surrounding areas of North Texas, and we know how quickly these cases can escalate if they are not addressed strategically from the start.
If You’ve Been Arrested, Start Here
One of the most dangerous misconceptions after an arrest is believing the case is already decided. It is not.
Felony assault cases move through several stages—initial arrest, bond and conditions, charging decisions, grand jury review, and eventually trial or resolution. At each stage, a defense attorney can influence how the case develops.
Early legal intervention can help:
- Push for a case not to be filed or rejected
- Seek reduced charges before indictment
- Improve bond amounts and bond conditions
- Shape how the case is framed for prosecutors and grand juries
The earlier a defense is built, the more options you have. That’s why we encourage you to contact our team as soon as you’re contacted by law enforcement or hear rumors of a pending investigation or accusations.
How Assault Becomes a Felony in Texas
In Texas, most felony assault charges fall into one of two categories. Knowing which applies to your case is critical because each involves different legal elements and defense strategies.
Aggravated Assault
Aggravated assault is governed by Texas Penal Code § 22.02. Prosecutors typically allege aggravated assault when they claim:
- The complainant suffered serious bodily injury, or
- A deadly weapon was used or exhibited during the incident
These labels carry serious consequences, but they are not automatic or beyond challenge.
Family Violence–Based Felony Assault
Assault can also become a felony based on the relationship between the parties, even when the conduct itself might otherwise be charged as a misdemeanor.
Under Texas Family Code Chapter 71, family, household, and dating relationships can trigger felony exposure when paired with:
- A qualifying prior family-violence conviction or finding, or
- Allegations of impeding breathing or circulation
What Makes an Assault “Aggravated”
Serious Bodily Injury
Texas defines serious bodily injury as harm involving:
- A substantial risk of death
- Serious permanent disfigurement
- Protracted loss or impairment of a bodily function
Not every injury qualifies. Hospital treatment alone does not automatically mean serious bodily injury. Medical records, timelines, and causation frequently become the battleground in these cases.
Deadly Weapon Allegations
A deadly weapon is not limited to firearms or knives. Under Texas law, any object can qualify if, in the manner it was used, it was capable of causing death or serious bodily injury.
Common defense issues include:
- The object was not actually used or exhibited
- The manner of use does not meet the legal definition
- The allegation is based on speculation rather than evidence
- Credibility or context problems with witness statements
In some cases, prosecutors even allege hands or feet as deadly weapons—a claim that must be closely examined based on the facts.
Family Violence Felony Assault: How Cases Escalate
Family violence cases are one of the most common ways people find themselves facing felony assault charges unexpectedly.
Enhanced Family Violence Assault
According to Texas Penal Code § 22.01(b)(2), a prior family-violence conviction or affirmative finding can elevate a new assault charge to a felony, even when the current allegation involves minimal injury.
Impeding Breathing or Circulation (Choking Cases)
Impeding breathing or circulation (choking) cases can be charged as felonies based on:
- The qualifying relationship, and
- An allegation of impeded breathing or blood flow
These cases are often charged without visible injury, making careful evidence review critical.
When Everything Stacks: First-Degree Felony Exposure
In the most serious cases, multiple factors combine:
- A deadly weapon
- Serious bodily injury
- A family, household, or dating relationship
When that happens, Texas law allows the charge to be elevated to a first-degree felony, carrying 5 to 99 years or life in prison. This is the same punishment range as some of the most serious crimes in Texas and requires immediate, aggressive defense.
Punishment Ranges at a Glance
- Third-Degree Felony: 2–10 years
Common example: Assault Family Violence (enhanced)
- Second-Degree Felony: 2–20 years
Common example: Aggravated Assault (deadly weapon or SBI)
- First-Degree Felony: 5–99 years or life
Common example: Aggravated Assault with family violence factors
Where the Defense Begins
Felony assault defenses often focus on dismantling the State’s early assumptions. Common starting points include:
- Challenging whether a deadly weapon was used
- Arguing the injury does not meet the legal definition of serious bodily injury
- Examining whether the relationship qualifies under the Family Code
- Testing the validity of enhancement priors
- Identifying inconsistencies in witness statements and timelines
Early investigation and evidence preservation are critical. Once a narrative hardens, it becomes harder to undo. It’s important to remember that recalling and recounting these high-stress and often-traumatic situations to law enforcement can be difficult in the moment, and – many times – critical details are left out. That’s why our team recommends contacting an attorney immediately and then speaking to law enforcement.
We will help you sort through what you know, what you remember, and how to relay that information honestly and effectively when it matters most.
A Critical Stage Many People Miss: The Grand Jury
Many felony assault cases go before a grand jury. If the defense does nothing, the grand jury hears only the State’s version of events.
In Dallas County, defense attorneys can often submit a grand jury packet or letter outlining:
- Why the alleged weapon may not legally qualify
- Why the injury may not meet the serious bodily injury definition
- Problems with enhancement or relationship allegations
- Context that changes how the incident is understood
Waiting to “see if you get indicted” often means losing this opportunity entirely. Different counties handle grand juries differently, which is why it’s important to hire an attorney who has experience in that county for that case type and understands the unique requirements and how these cases move.
What Not to Do After Bonding Out
After release, bond conditions and protective orders are common, especially in family violence cases.
Do not:
- Contact the complainant if there are bond conditions, a protective order, or a no-contact order in place
- Try to explain or apologize “just to clear things up”
- Assume violations will be overlooked
Even well-intended contact can result in new criminal charges, bond revocation, or additional jail time. Be sure to understand your conditions and let your lawyer be the buffer for all contact and next steps.
The Bottom Line
Felony assault charges are serious, but they are defendable.
Early legal representation can:
- Change the level of the charge
- Improve bond and conditions
- Prevent overcharging
- Position the case for reduction or dismissal
- Build a stronger posture if trial becomes necessary
Why MC Criminal Law Is Who You Want on Your Side
Felony assault cases demand more than a reactive defense. At MC Criminal Law, our attorneys bring:
- Former prosecutor experience
- Deep knowledge of how cases move through Dallas, Collin, Denton, and Tarrant County courts
- A reputation for being prepared, strategic, and trial-ready
- The ability to identify pressure points early and use them effectively
We know how prosecutors think, how judges evaluate serious cases, and where early intervention can make the biggest difference. Our approach is proactive, detail-driven, and built to protect your future—not just manage the charge.
At MC Criminal Law, we fight serious assault cases with urgency, experience, and the respect these high-stakes situations demand. If you or a loved one is facing a felony assault accusation in North Texas, time matters. Call us today for your free consultation.