Finding yourself facing assault charges can turn your world upside down in an instant. The stress, the uncertainty, the fear of what this could mean for your job, your family, your entire future — it’s overwhelming and is likely leaving you wondering, “Can assault charges be dropped in Texas?”
Here’s what you need to know right now: assault charges are not assault convictions, and yes, there are legitimate ways these charges can be dismissed or dropped entirely. You should also know that getting assault charges dropped is far from automatic, and almost never happens without the help of a Houston assault lawyer.
Don’t face these charges alone or assume your situation is hopeless. The experienced assault defense team at Thiessen Law Firm, led by Mark Thiessen, has gotten assault charges dropped for countless clients throughout Texas. Time is critical in building your defense strategy. Call Thiessen Law Firm today at (713) 864-9000 to discuss your case and learn how we can fight to protect your future.
Can someone drop assault charges in Texas?
Before we get into it, you should know that only prosecutors have the authority to drop assault charges in Texas, not the alleged victim or defendant. Even if the alleged victim has no desire to press charges, once the State has begun their case, it is entirely in the prosecution’s hands.
While an alleged victim can choose not to cooperate with prosecution, this doesn’t guarantee the charges will be dropped since prosecutors can proceed using other evidence like police reports, witness statements, or medical records.
Your best chance of getting charges dropped is through skilled legal representation that can expose weaknesses in the prosecution’s case or negotiate favorable outcomes.
How to get assault charges dismissed
Getting assault charges dismissed requires you making the right choices from the moment you’re arrested until your attorney gives you the good news. The steps you take immediately after being charged can make the difference between a dismissed case and a conviction that follows you for life.
Here’s the roadmap to maximizing your chances of getting charges dropped:
- Exercise your right to remain silent: Don’t try to explain your side of the story to police, even if you believe you’re innocent — and especially, do not try to explain your side of the story to the alleged victim. Any form of contact will be seen as an aggression, and anything you say will be used against you.
- Contact an experienced assault defense attorney immediately: Time is of the essence in assault cases, and early intervention by a skilled lawyer can sometimes prevent charges from being filed at all.
- Gather evidence and witness information: Document everything you can remember about the incident, collect contact information for favorable witnesses, and preserve any physical evidence.
- Allow your attorney to investigate the case thoroughly: A good defense lawyer will examine police reports, interview witnesses, review surveillance footage, and look for procedural errors.
- Explore pretrial diversion or plea negotiation options: Your attorney should evaluate whether you qualify for diversion programs or if favorable plea arrangements are possible.
- Prepare for trial if necessary: If prosecutors won’t dismiss charges or offer acceptable deals, your attorney should be prepared to fight the case in court.
- File motions to suppress evidence: If police violated your rights or made procedural errors, your attorney should file appropriate motions to exclude evidence.
Remember, each case is unique, and the strategy that works for one situation might not apply to another. Don’t leave your future to chance when a good assault attorney can make all the difference. This isn’t the time to cut corners or hope for the best. Your freedom, your reputation, and your future are all on the line, and you need someone in your corner who knows how to win.
How can an assault charge be dismissed?
1. Insufficient evidence
Insufficient evidence occurs when prosecutors can’t prove their case beyond a reasonable doubt. This might mean no physical evidence linking you to the alleged assault bodily injury, lack of reliable witnesses, or medical records that don’t support the claimed injuries.
Don’t let prosecutors bluff their way to a conviction with a weak case — they need solid, admissible evidence to prove each element of the offense. Sometimes what looks like a slam-dunk case actually falls apart under scrutiny when an experienced assault attorney in Houston starts asking the right questions and demanding proof.
2. Procedural errors
Procedural errors happen when law enforcement or prosecutors violate your constitutional rights during the investigation or arrest process. If police conducted an illegal search or violated proper arrest procedures, any evidence obtained might be thrown out, potentially leading to dismissal.
The truth is, police make mistakes more often than you’d think — they’re human, they’re rushed, and they sometimes cut corners. When they violate your rights, even unintentionally, it can be the key to getting your charges dropped. This is why you’ll need to tell your attorney everything about your arrest, even details that seem minor.
3. Witness credibility issues
Witness credibility issues can derail a prosecution’s case, especially since assault charges often come down to “he said, she said” situations. If witnesses have criminal histories, change their stories, or have motives to lie, an experienced defense attorney can expose these credibility problems to undermine the prosecution’s case.
People lie, memories fade, and sometimes witnesses have their own agendas that have nothing to do with the truth. A thorough investigation might reveal that the “star witness” has a grudge against you, a history of making false claims, or was too intoxicated to remember what actually happened. Your attorney should dig deep into every witness’s background and motivations.
4. New evidence that undermines the case
New evidence that undermines the case might include surveillance footage that contradicts witness statements, medical records showing pre-existing injuries, or testimony from previously unknown witnesses. Sometimes this evidence surfaces during discovery, and other times a thorough defense investigation uncovers it. This is particularly important in cases involving assault with a deadly weapon or aggravated assault, where the stakes are highest.
The key is having an attorney who won’t just accept the prosecutor’s version of events but will actively investigate to find the truth. Security cameras are everywhere these days, cell phone records can establish timelines, and social media posts can contradict witness testimony. Sometimes the evidence that saves your case is hiding in plain sight.
5. Plea negotiations
Plea negotiations allow your attorney to work with prosecutors to potentially reduce charges to lesser offenses or secure dismissal in exchange for completing certain conditions like anger management classes or community service. The key is having an attorney who knows local prosecutors and what deals they’re willing to make, especially for a first-time assault charge in Texas or domestic assault charges in Texas.
However, remember that most plea deals still result in having a charge on your record, even if it’s reduced. You should always hire an attorney with trial experience, who will fight to have the charge dropped completely rather than settling for a plea that leaves you with a permanent criminal history.
6. Pretrial diversion programs
Pretrial diversion programs are available for first-time offenders or those charged with lower-level assaults. Successfully completing pretrial diversion in Texas — which might include counseling, community service, or educational classes — can result in charges being dismissed entirely, leaving you with a clean record.
If charges are dismissed through diversion, expungement may be possible*. The beauty of diversion programs is that they recognize that good people sometimes make mistakes and deserve a second chance. Not every case needs to end in conviction, and prosecutors understand that rehabilitation can be more effective than punishment for certain defendants. However, don’t assume you automatically qualify — your attorney needs to advocate for your acceptance into these programs.
*Continue reading: Can assault charges be expunged?
7. Alleged victim chooses not to participate
When the alleged victim chooses not to participate, prosecutors face a tough challenge. While they can technically proceed without victim cooperation, it becomes much harder to prove their case. But don’t just assume charges will automatically be dropped — Texas prosecutors sometimes push forward using other evidence like 911 calls, police reports, or medical records.
The reality is that many assault cases fall apart when alleged victims decide they don’t want to pursue charges, especially in domestic situations where emotions run high and people later regret calling the police. But like we said: the decision to prosecute ultimately lies with the state, not the alleged victim. Prosecutors can and sometimes do proceed even when victims want to drop charges, which is why you still need aggressive legal representation.
Texas assault laws — FAQs
What qualifies as assault in Texas?
Under Texas assault law, assault occurs when you intentionally, knowingly, or recklessly cause bodily injury to another person, threaten someone with imminent bodily injury, or make physical contact that you should reasonably know the other person will find offensive or provocative. This broad definition means that even minor actions like poking someone in the chest during an argument or grabbing someone’s arm to stop them from walking away can result in assault charges.
What is the lowest form of assault charge?
The lowest form of assault charge is a Class C misdemeanor, which typically involves threatening someone with imminent bodily injury or making offensive physical contact without causing actual injury. These charges carry a maximum fine of $500 but no jail time, though they still create a permanent criminal record that can affect your future employment and other opportunities.
Facing assault charges? Call Houston’s most experienced assault defense team today!
Can assault charges be dropped in Texas? Absolutely — but only with aggressive representation from day one. At Thiessen Law Firm, we’ve built our reputation on getting assault charges dismissed, and we know exactly what it takes to protect your future.
Every day you wait is another day prosecutors use to build their case against you, while potential evidence disappears and witnesses’ memories fade.
Don’t gamble with your freedom or let fear paralyze you into inaction. The experienced assault defense attorneys at Thiessen Law Firm are standing by to fight for you, and we’re ready to put our proven track record to work on your case. Call us immediately at (713) 864-9000 for a consultation that could change the trajectory of your entire life.
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