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Houston Assault Lawyer | Aggravated Assault Defense | KVM Law Firm

Houston Assault Defense

Charged with assault in Houston?A former police officer defending your freedom.

Assault charges in Texas range from a Class C misdemeanor for a threat all the way to a first-degree felony for aggravated assault against a public servant. The stakes are high — and these cases often come down to conflicting accounts of what actually happened. Flat-fee representation in Harris, Montgomery, and Galveston Counties.

Available 24/7 · Flat-Fee Defense · Direct Attorney Access
Kenneth V. Mitchell, Houston assault defense attorney and former Houston police officer
Super Lawyers Rising Star
DWI Warrior Award — TCDLA
Top 40 Under 40 — NTL
TCOLE Master Peace Officer
SFST Certified
Trial Tested
Gas Chromatography Trained
U.S. Army Veteran
The Reality of Assault Cases

Conflicting stories. The truth in the middle.

Assault cases in Texas often come down to one fundamental question: who is telling the truth? An accuser’s statement to police can be exaggerated, fabricated, or shaped to retaliate. Witnesses see only part of what happened. The officer who arrives on scene has minutes — not hours — to decide who to charge.

If you have been accused of assault in Harris, Montgomery, or Galveston County, you need an attorney who will investigate what actually happened — not just accept the accuser’s version. KVM Law Firm gathers surveillance footage, interviews witnesses, reviews medical records, and challenges the accuser’s credibility from day one.

“The person who calls 911 first is not always telling the truth.”
The Texas Assault Statute

What Texas law actually says about assault.

Under Texas Penal Code § 22.01, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another; intentionally or knowingly threaten another with imminent bodily injury; or intentionally or knowingly cause physical contact when they know or should reasonably believe the other will regard the contact as offensive or provocative.

Simple assault causing bodily injury is a Class A misdemeanor punishable by up to one year in jail and a fine up to $4,000. Assault by threat is a Class C misdemeanor.

Under Texas Penal Code § 22.02, aggravated assault — assault that causes serious bodily injury or that uses or exhibits a deadly weapon during the commission of the offense — is a second-degree felony carrying 2 to 20 years in prison and a fine up to $10,000.

Enhanced penalties. Assault on a public servant, peace officer, security officer, or family or household member can elevate the charge to a third-degree, second-degree, or first-degree felony depending on the circumstances. Allegations of strangulation, weapon display, or prior convictions can also trigger enhancement.
Types of Assault Charges

From Class C threats to first-degree felony.

Every assault charge in Texas falls into one of these categories. The defense strategy depends on the charge level and the specific facts.

Class A Misdemeanor§ 22.01(a)(1)

Simple Assault · Bodily Injury

Intentionally, knowingly, or recklessly causing bodily injury to another person. Up to 1 year in jail and a $4,000 fine.

Class C Misdemeanor§ 22.01(a)(2)

Assault by Threat

Intentionally or knowingly threatening another with imminent bodily injury. Fine only, up to $500. But it stays on your record.

2nd-Degree Felony§ 22.02

Aggravated Assault

Causing serious bodily injury or using/exhibiting a deadly weapon. 2 to 20 years in prison and up to $10,000 fine. Permanent felony record.

1st or 3rd-Degree Felony§ 22.01(b) / § 22.02(b)

Assault on a Public Servant

Against a peace officer, EMS, firefighter, or other public servant. Enhanced to a third-degree felony — or first-degree felony when aggravated.

Family Member§ 22.01(b)(2)

Assault · Family Violence

Assault causing bodily injury to a family or household member. Specialized procedural rules and serious collateral consequences. Domestic violence defense →

Class A / 3rd-Degree§ 22.05

Deadly Conduct

Recklessly engaging in conduct that places another in imminent danger of serious bodily injury. Discharging a firearm in a public place elevates it to a third-degree felony.

Common Assault Defenses

Texas recognizes your right to defend yourself.

Self-defense, defense of others, defense of property, and mutual combat are not technicalities. They are substantive defenses written into the Texas Penal Code — and they win cases at trial.

Tex. Penal Code § 9.31

Self-Defense

You are justified in using force against another when you reasonably believe force is immediately necessary to protect yourself against another’s unlawful force. Reasonable force, reasonably perceived threat.

Tex. Penal Code § 9.32

Deadly Force in Self-Defense

Deadly force is justified when self-defense under § 9.31 applies and you reasonably believe deadly force is immediately necessary to protect against another’s use or attempted use of unlawful deadly force.

Tex. Penal Code § 9.33

Defense of Third Person

Force or deadly force in defense of a third person is justified when you reasonably believe intervention is immediately necessary to protect them and your use of force would be justified under § 9.31 or § 9.32.

Tex. Penal Code § 9.41 & § 9.42

Defense of Property

Reasonable force is justified to prevent or terminate another’s trespass on your land or unlawful interference with your property. Deadly force in defense of property is justified in specific statutorily-defined circumstances.

Beyond statutory defenses, many assault cases are won on the facts. Many assault charges are based on exaggerated or fabricated claims. KVM Law Firm aggressively investigates: gathering surveillance footage, locating and interviewing independent witnesses, subpoenaing 911 audio, reviewing medical records, and exposing inconsistencies in the State’s case.

The LEO Advantage

A former police officer who has investigated assaults from the other side.

Attorney Kenneth V. Mitchell spent 13 years as a police officer before becoming a defense attorney. He has investigated assaults from the law enforcement side — he knows how officers assess the scene, decide who to charge, and write their reports.

That experience means he knows where the weaknesses are in the State’s case before the prosecutor does. Officer reports that read smoothly to most defense attorneys read like boilerplate to a former officer. Witness statements that the State considers airtight often have holes that only someone who has interviewed witnesses on the street can spot. Flat-fee defense in Harris, Montgomery, and Galveston Counties.

Counties Served

Defending assault cases across the greater Houston area.

Harris County

Houston, Pasadena, Baytown, Katy, Cypress, Spring, Pearland, and surrounding communities.

Montgomery County

Conroe, The Woodlands, Spring, Willis, and surrounding areas.

Galveston County

Galveston, League City, Texas City, Friendswood, and surrounding Gulf coast areas.

Charged with assault? Get a real defense.

Free, confidential case review. Kenneth reviews every inquiry personally. Don’t let an exaggerated or fabricated assault claim define your future.

KVM Law Firm, PLLC · 8100 Washington Avenue, Suite 150L, Houston, TX 77007
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