Being charged with assault is a serious legal matter that can threaten your freedom, reputation, and future. In Ellis County, Texas, law enforcement and prosecutors treat assault allegations with the utmost gravity, and convictions can carry steep penalties—even for first-time offenders. At Heff Law, PLLC, we understand the high stakes of these charges and offer experienced, aggressive defense strategies tailored specifically to the legal landscape of Ellis County.
Understanding Assault Charges Under Texas Law
In Texas, the term “battery” is not recognized as a separate criminal charge. Instead, Texas Penal Code § 22.01 groups assaultive offenses together under “assault.” A person may be charged with assault for a variety of actions, including:
- Intentionally or knowingly causing bodily injury to another person.
- Threatening another person with imminent bodily harm.
- Engaging in physical contact that is considered offensive or provocative.
This means a person can face criminal charges even if no physical injury occurred—verbal threats or unwanted physical contact alone can qualify.
Degrees of Assault Charges
Assault charges in Texas are categorized based on the severity of the incident and the relationship between the parties. Common classifications include:
- Class C Misdemeanor – Usually involves threats or offensive contact without injury. Punishable by a fine up to $500.
- Class A Misdemeanor – Involves bodily injury. Carries up to 1 year in jail and/or a fine up to $4,000.
- Third-Degree Felony – Assault against a public servant, emergency worker, or involving prior convictions. Punishable by 2 to 10 years in prison.
- Second-Degree Felony – Aggravated assault involving serious injury or use of a deadly weapon.
- Family Violence Assault – Enhanced penalties if the victim is a spouse, family member, or someone in a dating relationship.
Each level of charge carries different consequences, and the stakes increase if the alleged victim is a peace officer, teacher, healthcare worker, or family member.
The Local Context: Ellis County Courts and Procedures
Ellis County residents charged with assault will typically have their case heard in the Ellis County Courthouse in Waxahachie, under the jurisdiction of the County Courts at Law or District Court, depending on the severity of the charge.
The arresting agencies often include:
- Ellis County Sheriff’s Office
- Waxahachie Police Department
- Midlothian Police Department
- Ennis Police Department
- Red Oak Police Department
After an arrest, you may be booked into the Wayne McCollum Detention Center, and an initial appearance will be scheduled. At this point, it’s critical to have legal counsel present to protect your rights during arraignment and any bond hearings.
Heff Law, PLLC is located just minutes from the Ellis County courthouse, giving us regular insight into the local judges, court staff, and prosecutors. This proximity and experience allow us to offer highly localized and strategic defense.
Consequences of an Assault Conviction
A conviction for assault can have far-reaching effects beyond the criminal penalties. These consequences may include:
- Permanent criminal record
- Loss of employment or difficulty finding a job
- Loss of gun rights (especially in family violence cases)
- Restraining or protective orders
- Loss of child custody or visitation rights
- Ineligibility for certain professional licenses
Even a misdemeanor conviction can negatively impact your future, which is why you need a defense attorney who will explore every option to reduce, dismiss, or defeat the charges.
Common Defenses to Assault Charges
At Heff Law, PLLC, we thoroughly investigate each case to develop the most effective defense. Some of the most common legal defenses to assault charges in Ellis County include:
1. Self-Defense
You have the right to protect yourself from physical harm. If you reasonably believed you were in danger and used appropriate force, this may be a valid defense.
2. Defense of Others
Similar to self-defense, this applies when you act to protect another person from being harmed.
3. Lack of Intent
Texas law requires that the act was intentional or knowing. If the injury was accidental, this can negate the charge.
4. False Allegations
Disputes—especially involving domestic partners—can sometimes lead to false accusations motivated by jealousy, revenge, or custody disputes.
5. Insufficient Evidence
If the state cannot prove its case beyond a reasonable doubt due to unreliable witnesses, lack of physical evidence, or contradictory testimony, the charges may be dismissed or reduced.
We also examine police conduct during arrest. If law enforcement violated your rights or failed to follow correct procedures, it may be possible to have evidence suppressed or charges dropped.
Why Choose Heff Law, PLLC in Ellis County?
When you’re facing criminal charges, choosing the right attorney can make all the difference. Heff Law, PLLC, led by former prosecutor Jake Heffernan, offers:
- Former Prosecutor Insight – We know how the other side builds cases and how to dismantle them.
- Local Courtroom Experience – Our deep roots in Waxahachie and surrounding cities ensure familiarity with local practices.
- Aggressive Advocacy – We never settle for an easy plea when a better outcome is possible.
- Clear Communication – You’ll always know the status of your case and what to expect next.
We proudly serve clients in Waxahachie, Midlothian, Ennis, Red Oak, Ferris, Maypearl, and throughout Ellis County.
Steps to Take If You’re Charged with Assault
If you are under investigation or have been arrested for assault, follow these steps:
- Do Not Talk to Police Without a Lawyer – Anything you say can be used against you.
- Preserve Evidence – Save messages, videos, and photos related to the incident.
- Avoid Contact with the Alleged Victim – This can violate bond conditions and harm your case.
- Call a Criminal Defense Attorney Immediately – Early intervention is often the key to a successful defense.
Call Heff Law, PLLC Today for a Free Consultation
You don’t have to face assault charges alone. At Heff Law, PLLC, we are committed to defending your rights, your reputation, and your future. We offer aggressive, effective criminal defense services backed by local experience and personalized attention. 📞 Call us today at (214) 432-3529 to schedule your free consultation. Let us fight for you and help you move forward with confidence.