
San Antonio Assault Attorney
What is the Penalty for Assault in Texas?
It’s important to understand the difference between misdemeanor and felony assault charges, as each carries its own set of penalties. The penalties for misdemeanor assault, for example, include up to but no more than one year in jail, as well as a possible fine. With felony assault, however, the punishment can be much more severe. A felony is punishable with a sentence of at least two years in prison or much longer, depending on the circumstances of the crime.
In the state of Texas, individuals charged with felony assault and battery could be facing the following penalties:
- First-Degree Felony: 5 to 99 years or life in prison and up to $10,000 in fines
- Second-Degree Felony: 2 to 20 years in prison and up to $10,000 in fines
- Third-Degree Felony: 2 to 10 years in prison and up to $10,000 in fines
With so much at stake, you cannot afford to simply hope for the best. As your San Antonio assault defense attorney, Derek Emmons can stand up in your defense and utilize his extensive litigation skills to help you fight for the most favorable case outcome in your case.
Assault is a broad term that includes any threatening action or attempt to injure a person. It is important to note that a person does not need to inflict any actual physical harm to be charged with assault in Texas; merely threatening to cause bodily injury to another person can result in assault charges.
Contact us online or by phone at (210) 702-3054 now for a free consultation and case evaluation with San Antonio assault attorney Derek W. Emmons.
Assault Strangulation Charges
In many cases, assault charges are related to accusations of domestic violence. Domestic violence criminal cases are highly emotional and can be difficult for all parties involved, especially if they involve strangulation or suffocation.
Strangulation is defined as intentionally obstructing normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Strangulation may occur by a person’s bare hand or object and does not require that the victim be choked unconscious. This is relatively a new charge in Texas and oftentimes, it is overcharged.
Felony strangulation is often associated with domestic assault and battery cases. This means that felony strangulation can be linked to domestic assault charges.
If charged with felony strangulation in Texas, you face the following penalties:
- Third-Degree Felony: 2 to 10 years in prison and up to $10,000 fine
- Second-Degree Felony: 2 to 20 years in prison and up to $10,000 fine
- First-Degree Felony: 5 to 99 years in prison and up to $10,000 fine
Understanding Aggravated Assault in San Antonio
In San Antonio, the implications of aggravated assault can be particularly severe, given the city's unique social dynamics and community concerns. Local law enforcement, including the San Antonio Police Department, actively addresses violent crime, which can lead to heightened scrutiny and more aggressive prosecution of assault cases. This means that if you find yourself facing aggravated assault charges, it’s crucial to have a knowledgeable advocate who understands the local legal landscape.
Residents of San Antonio may experience specific pain points related to aggravated assault, such as the impact on employment, housing, and personal relationships. The fear of a criminal record can be overwhelming, especially in a close-knit community where reputations matter. Additionally, the emotional toll of being involved in a legal battle can be significant, affecting not just the accused but also their families and loved ones.
Local resources, such as the Bexar County District Attorney's Office, provide information on the legal process and potential outcomes for those charged with aggravated assault. Understanding the local judicial system can help demystify the process and empower individuals to make informed decisions about their defense. It’s essential to recognize that the penalties for aggravated assault in Texas can include lengthy prison sentences and substantial fines, which can drastically alter one’s life trajectory.
At our firm, we are committed to helping San Antonio residents navigate these challenging situations. We understand the local context and the specific challenges you may face, and we are here to provide the support and guidance you need to fight for your rights. If you are dealing with aggravated assault charges, don’t hesitate to reach out for a free consultation to discuss your case and explore your options.

Derek W. Emmons fights for the rights of those falsely accused of a crime in the San Antonio area. His skill, tenacity, and experience are committed to protecting your rights. You can always expect aggressive representation, personal attention, and dedicated service. For over 20 years, Derek W. Emmons has gone above and beyond for his clients and will do everything possible to help you avoid a criminal conviction.

Derek W. Emmons
"Derek W. Emmons is a criminal law attorney and the owner and founder of the Emmons Law Firm, P.C. Attorney Derek Emmons is a former Assistant District Attorney for Bexar County in the State of Texas. He is fully licensed by the Supreme Court of the State of Texas and the Western District of Texas Federal Court System, which ensures not only a smooth representation in the state courts but also in the federal courts."
Client Reviews
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“Always available to discuss your concerns about your case. Always promptly gets back to you to answer your questions.”- Steve N.
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“Derek Emmons is an outstanding attorney who treated my son and me with not only respect but compassion.”- Cathy
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“Mr.Emmons is truly a great attorney.”- Clint D.
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“One of the main things that stuck with me is that he remember "everything" I had expressed to him two months after I had made the statements. It showed me he not only listened, but cared and did not see me as another dollar in his bank account.”- Former Client

