Austin Assault Defense Lawyer
Assault is dangerous. While all acts of physical violence are dangerous, in Texas, Assault charges can be based solely on a verbal allegation. Physical evidence is not required, and often absent. This creates a dangerous situation for the accused.
Over the course of his career, Trey Porter has defended the rights of individuals facing everything from Assault Bodily Injury to Aggravated Sexual Assault. While every case is different, the goal is always the same: obtain a dismissal.
Assault Consequences in Austin
Assault charges range the full spectrum of punishment found in the Texas Penal Code, from a Class C Misdemeanor, punishable by 0 days in jail, to a First Degree Felony, punishable by 99 years in prison.
- What are the consequences of a simple assault with no injury? In Texas, Class C Misdemeanor Assault charges, like Assault by Threat or Assault by Offensive Contact, are punishable by up to a $500.00 fine, court-ordered classes, community service, and a permanent criminal conviction.
- What are the consequences for assault bodily injury? A first-time charge for Assault Bodily Injury (ABI) in Texas is a Class A Misdemeanor unless enhanced by aggravating factors. First-time offenders face up to one year in jail, a permanent criminal conviction, and thousands of dollars in fines.
Domestic Violence Consequences in Austin
Assault Bodily Injury cases involving a family member or individuals in a dating relationship are very common in Texas. In Austin, for example, there are two Bexar County Courts dedicated exclusively to the resolution of these matters.
- What are the consequences for ABI Family Violence? Assault Bodily Injury-Family and Assault Bodily Injury-Married are both Class A Misdemeanors unless enhanced by certain factors. First-time offenders face up to one year in jail, a permanent criminal conviction, thousands of dollars in fines, and unique collateral consequences.
- Can I still own guns if charged with Assault Family Violence? No. Federal law prohibits anyone convicted of domestic violence from owning, possessing, or transferring firearms or ammunition. It’s important to note, for the purposes of gun rights, the law considers charges that were dismissed through Deferred Adjudication the same as convictions. Anything other than dismissal will result in the loss of Second Amendment rights.
How Can Victim Get Assault Charges Dropped?
It is difficult to convince the State to drop any criminal charge. Assault cases are more difficult because they involve the allegation that someone was physically harmed. The District or County Attorney, not the victim, determines whether the case will be prosecuted. Many District and County Attorney’s Offices have a No Drop policy and regularly proceed with prosecution even when the victim is uncooperative.
- What is an Affidavit of Non-Prosecution? An Affidavit of Non-Prosecution (ANP) is a sworn statement the complainant in an Assault case can file with the District or County Attorney requesting dismissal. An ANP by itself will not magically dismiss the case. However, it can play a strategic role in the larger defense strategy.
- Does domestic violence stay on your record? Domestic Violence charges, even if dismissed through Deferred Adjudication, remain permanently on an individual’s criminal record. Assault charges involving family violence are not eligible to be sealed through a petition for Non-Disclosure.
The only way to remove a domestic violence charge from the record is to delete the entire incident through an Expunction. This is why it’s critical to fight for dismissal in every domestic violence case. Learn more.
Trey Porter Named Austin’s Best Criminal Defense Lawyer
Mr. Porter has been voted by his peers as one of Austin’s Best Lawyers every year since 2015, with specific recognition in the fields of Criminal Defense and DWI Defense. Mr. Porter is also recognized by the National Trial Lawyers Association as a Top 40 Under 40 Criminal Defense Lawyer, and holds a 10.0 Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
San Antonio DUI Lawyer
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
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The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.