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Assault and battery are commonly used terms to describe violent conduct that harms or threatens to harm another person. In Texas - which includes McAllen - state criminal law treats much of this conduct under the offense called assault. Assault can range from a simple misdemeanor to a serious felony depending on factors such as whether bodily injury occurred, whether a weapon was used, the identity of the alleged victim, and the level of injury involved.
In practice people may hear both terms - assault and battery - used in everyday speech. For legal purposes in Texas, the specific statutory definitions, penal classifications, available defenses, and local procedures are what determine how a case is charged and handled in McAllen courts.
Assault and related charges carry potentially severe consequences - including jail or prison time, fines, probation, criminal records, loss of firearm rights, immigration consequences, and impacts on employment and family relationships. You may need a lawyer in many common situations, including:
- You were arrested or formally charged with assault or aggravated assault.
- You face a protective order or an emergency protection order that restricts your contact with family members or a partner.
- You were accused at work, at a school, or in a domestic context where the allegation could trigger employment, housing, or custody consequences.
- You are a noncitizen and concerned about immigration consequences tied to a conviction.
- You want to avoid a criminal record through diversion, plea negotiation, or dismissal.
- You have been a victim and are weighing criminal reporting versus civil remedies such as a protective order or a civil tort claim for assault, battery, or intentional infliction of emotional distress.
A criminal defense attorney or a lawyer experienced in family violence and criminal matters can evaluate the facts, explain potential penalties, protect your rights during interviews with police, challenge improper evidence, negotiate with prosecutors, and represent you at hearings and trial.
Key legal points and local practices that are important in McAllen include:
- Texas Penal Code - Assault: The primary statute is Texas Penal Code section 22.01, which covers assault offenses including simple assault, assault causing bodily injury, assault involving physical contact, and assault against certain protected classes. Assault is often charged as a Class A or B misdemeanor but can be a felony when aggravating factors are present.
- Aggravated Assault: Under Texas Penal Code section 22.02, aggravated assault involves causing serious bodily injury or using or exhibiting a deadly weapon during the offense. Aggravated assault is a felony with much steeper penalties.
- Family Violence and Protective Orders: The Texas Family Code defines family violence and authorizes protective orders. Law enforcement in McAllen and Hidalgo County may respond to domestic incidents with emergency protective orders and arrest based on probable cause. Civil protective orders can be sought through the family or district courts.
- Self-Defense and Defense of Others: Texas statutes permit use of force in self-defense and defense of others when the force is reasonable and necessary to prevent harm. The castle doctrine and stand-your-ground principles influence how self-defense claims are evaluated, but outcomes depend on the facts.
- Arrest and Bail Practices: Local police and prosecutors in McAllen handle arrests, charging decisions, and bail processes. Some misdemeanor cases may be handled in McAllen Municipal Court, while felony cases proceed in Hidalgo County courts and district courts.
- Civil Remedies: Separate from criminal prosecution, alleged victims may bring civil claims for assault or intentional torts seeking money damages or injunctive relief. Civil standards of proof are lower than criminal standards.
- Immigration and Other Collateral Consequences: A conviction for assault or related offenses can affect immigration status, professional licenses, child custody, and employment. Noncitizens should seek legal advice promptly.
In Texas law the statutory term commonly used is assault. People often use battery to mean unlawful physical contact, but Texas assault statutes cover threats, attempts, and harmful or offensive contact. For criminal charges the statutory language and penal code provisions determine the offense, not the common-law label.
Penalties vary by the type of assault. Simple assault is often a Class A misdemeanor with potential jail time and fines. Assault causing bodily injury may be a Class A misdemeanor. Aggravated assault - involving serious injury or a deadly weapon - is a felony carrying years in prison, large fines, and long-term consequences.
Yes. If law enforcement has probable cause to believe an assault occurred or is occurring, they can arrest without a warrant. Domestic incidents often result in arrest based on probable cause or under mandatory arrest policies for certain family violence situations.
You have a right to remain silent. It is usually in your best interest to politely decline to answer questions until you have spoken with an attorney - especially if you face arrest or formal investigation. Providing statements without counsel can complicate defense efforts.
An emergency protective order can be issued by police to separate parties and restrict contact after a domestic incident. A temporary or ex parte protective order can be sought from a court to provide immediate protection before a full hearing. Violating these orders can result in arrest and criminal penalties.
Self-defense can be a valid legal defense if you reasonably believed force was necessary to protect yourself or others and your use of force was proportionate. Whether self-defense applies depends on the specific facts, evidence, and timing of the threat.
A conviction creates a criminal record. In some circumstances certain dismissals, pretrial diversion enrollments, or successful petitions may allow limited relief or sealing. Texas has limited expunction options - eligibility depends on the outcome and the specific offense. Consult an attorney about record relief possibilities.
Bring any police reports, booking records, photos of injuries or property damage, medical records, witness contact information, messages or recordings related to the incident, charging documents, court notices, and a list of prior convictions if any. Be prepared to discuss the timeline and context plainly and honestly.
Yes. Allegations or convictions for assault - especially family violence - can influence custody and visitation decisions in family court. For noncitizens, certain convictions can lead to deportation, inadmissibility, or denial of immigration benefits. Seek specialized counsel immediately in those areas.
If you cannot afford a private attorney, you may be eligible for a court-appointed lawyer for criminal cases. Local legal aid organizations, law school clinics, and bar association referral services can help identify low-cost or pro bono representation. In family violence civil matters some nonprofits and government programs offer assistance as well.
Consider contacting or researching the following types of local and state resources for help and information:
- Hidalgo County courts and McAllen Municipal Court for case status and procedures.
- Hidalgo County District Attorney and local law enforcement agencies for information on charging and victim assistance programs.
- Texas statutory resources such as the Texas Penal Code and Texas Family Code for statutory definitions and procedures.
- Local bar association or lawyer referral service for qualified criminal defense and family law attorneys.
- Nonprofit and victim-advocate organizations that serve the Rio Grande Valley and Hidalgo County for domestic violence support, counseling, and shelter services.
- Statewide organizations such as the Texas Council on Family Violence for guidance on protective orders and victims rights.
- Immigration attorneys or clinics if you are a noncitizen and concerned about immigration consequences.
If you need legal assistance for an assault or related matter in McAllen - whether you are accused or you are a victim - take these steps:
- Prioritize safety. If you or others are in danger seek help from law enforcement or a local shelter.
- If arrested or formally charged, request an attorney immediately and do not give statements without representation.
- Gather and preserve evidence - photos, medical records, messages, witness contacts, and any physical evidence.
- Attend all court dates and comply with bond and court-ordered conditions such as protective orders or counseling.
- Contact a local criminal defense attorney or a family law attorney with experience in domestic violence and assault cases for an initial consultation.
- If you cannot afford an attorney, ask the court about appointment of counsel and reach out to local legal aid or referral services for help.
Remember - this guide is informational and not a substitute for legal advice. Consult a licensed attorney in McAllen to get advice tailored to your situation.
