Attorney
In Texas, a second assault conviction can drastically increase penalties and long-term consequences. While a first offense may result in probation or short jail time, a repeat conviction often leads to enhanced charges, longer sentences, and lasting damage to your criminal record. In Fort Worth, even a misdemeanor assault charge can escalate to a felony if it’s not your first.
How Texas Law Defines Assault
Under Texas Penal Code § 22.01, a person commits assault when they:
- Intentionally, knowingly, or recklessly cause bodily injury to another person,
- Threaten someone with imminent bodily harm, or
- Make physical contact that’s considered offensive or provocative.
The law covers a wide range of behavior — from bar fights and domestic arguments to threats that do not involve physical harm. But when you already have a prior conviction, Texas courts treat the second offense far more seriously.
When a Second Assault Becomes a Felony
For many first-time offenders, simple assault causing minor injury is classified as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. However, a second conviction can be enhanced to a third-degree felony in certain circumstances, especially if:
- The assault involved a family or household member
- The victim was a public servant, health-care worker, or security officer
- The prior conviction was for family violence assault
In Fort Worth and throughout Texas, prosecutors frequently pursue felony charges when a repeat offense involves family violence. That means a potential sentence of 2 to 10 years in prison and a fine of up to $10,000.
Family Violence and Repeat Offenses
Texas law imposes particularly tough penalties for assault involving a spouse, dating partner, family member, or roommate. If you have a prior family-violence conviction, your second assault charge becomes a third-degree felony, even if the new incident would otherwise be a misdemeanor.
Repeat family-violence convictions also:
- Trigger mandatory jail time if probation is granted.
- Result in protective orders that restrict where you live or who you contact.
- Affect your right to possess firearms under both state and federal law.
These consequences don’t disappear once the case ends — they can follow you for years, affecting employment, housing, and child custody.
Aggravating Factors That Increase Penalties
A second assault charge doesn’t exist in isolation. Certain factors can elevate it to aggravated assault, including:
- Serious bodily injury to the victim.
- Use of a deadly weapon.
- Assault on a pregnant person.
- Assault against a public servant or emergency worker performing official duties.
If any of these apply, the case may become a second-degree felony, carrying 2 to 20 years in prison and a $10,000 fine. Even if the alleged victim wasn’t seriously hurt, the mere accusation of repeat violence can put tremendous pressure on prosecutors to seek harsher penalties.
Collateral Consequences Beyond Prison
A second assault conviction doesn’t just threaten your freedom — it can reshape your future:
- Employment: A violent-crime record limits opportunities in fields like education, health care, and government service.
- Housing: Many landlords reject applicants with felony convictions.\
- Gun ownership: Federal law prohibits firearm possession after a family-violence conviction.
- Custody and visitation: Courts may restrict contact with children or other family members.
- Professional licenses: Nurses, teachers, and other licensed professionals may face disciplinary action or license revocation.
In short, a second assault conviction can close doors long after the criminal sentence is over.
Defending Against a Second Assault Charge in Fort Worth
An experienced Fort Worth criminal defense lawyer can evaluate every aspect of your case, including the legality of your arrest and whether prior convictions were used properly. Common defense strategies include:
- Challenging the prior conviction–The prosecution must prove it was valid and final.
- Self-defense or defense of others–You may have had a lawful reason to use force.
- Lack of intent–Accidental contact doesn’t qualify as intentional assault.
- False allegations–Domestic disputes sometimes result in exaggerated or fabricated claims.
- Insufficient evidence–Weak witness statements or unreliable testimony can be challenged.
Even if the evidence seems strong, a lawyer familiar with Tarrant County courts can negotiate for reduced charges, probation, or diversion programs when available.
Fort Worth Assault Defense Attorney
If you’re facing a second assault charge in Fort Worth, time is critical. Early legal representation can prevent escalation, protect your record, and give you the best chance at a favorable outcome. Daniel Collins Law is available 24/7 to discuss your case confidentially. We’ll review your situation, explain your options, and fight to protect your rights, freedom, and future.
Common Questions About Assault in Texas
Is a second assault automatically a felony in Texas?
Not always. It depends on the circumstances and whether the prior offense involved family violence or other aggravating factors.
Can a second assault conviction be expunged?
Most assault convictions cannot be expunged or sealed in Texas, especially felonies. Avoiding conviction through dismissal or deferred adjudication is key.
What if I’m accused but not convicted of the first assault?
Only a final conviction counts for enhancement. Your attorney can challenge the validity of the prior case.