Understanding Assault and Battery Charges in San Antonio
Have you been charged with assault or battery in San Antonio, Texas? These charges range from simple misdemeanors to serious felonies that carry life-altering prison sentences. When your freedom is on the line, you need an experienced assault criminal defense attorney who understands the nuances of the Texas Penal Code and knows how to build a winning defense.
At the Law Office of Genaro R. Cortez, PLLC we provide aggressive representation for individuals facing assault allegations in San Antonio and throughout South Texas.
Facing assault charges in Bexar County, Texas? Call (210) 733-7575 for a free case evaluation.
What is Assault and Battery in Texas?
While many people use the terms “assault” and “battery” interchangeably, Texas law actually combines these into a single statute: Section 22.01 of the Texas Penal Code.
Under this law, a person commits an Assault in Texas if the person:
- Intentionally, knowingly, or recklessly cause bodily injury to another.
- Intentionally or knowingly threaten another with imminent bodily injury.
- Intentionally or knowingly cause physical contact with another when they know the contact will be regarded as offensive or provocative.
What is the difference between assault and battery in Texas?
Historically, “battery” required physical contact, while “assault” involved the fear or threat of contact. Today, Section 22.01 covers both. Whether you are accused of a “simple assault” involving a verbal threat or a “battery” involving physical harm, you are facing a serious criminal charge.
Aggravated Assault: When Misdemeanors Become Felonies in Texas
An assault charge can be upgraded to aggravated assault under Section 22.02 if:
- The assault causes serious bodily injury.
- The person uses or exhibits a deadly weapon during the commission of the assault.
Aggravated assault is typically a second-degree felony, carrying a prison sentence of 2 to 20 years. If you are facing these elevated charges, then an experienced assault criminal defense attorney will help you explore your best defense options.
Domestic Violence and Family Violence Charges in Bexar County, Texas
Assault charges are often more complex when they involve a family member, household member, or dating partner. In San Antonio, “Family Violence” designations under Texas Family Code 71.004 can lead to:
- Protective Orders: Restricting your access to your home and children.
- Loss of Firearm Rights: Federal law prohibits those convicted of domestic violence from possessing guns.
- Enhanced Penalties: A second domestic violence charge or an allegation of choking (strangulation) can result in a third-degree felony.
In addition, if you are in a custody fight, then a family-violence charge can cause you to lose custody of your kids.
Penalties for Assault and Battery in Texas
The consequences of a conviction depend on the severity of the incident and the relationship between the parties involved.
| Texas Penal Code | Charge Level | Potential Jail/Prison Time | Maximum Fine |
| 22.01(a)(2) – Threat | Class C | Fine Only | $500.00 |
| 22.01(a)(1) – Bodily Injury | Class A | Up to 1 Year | $4,000.00 |
| 22.01(b)(2)(B) (Choking/Family) | 3rd Degree | 2–10 years in prison | $10,000.00 |
| 22.02 – Aggravated Assault | 2nd Degree | 2–20 years in prison | $10,000.00 |
How an Assault Criminal Defense Attorney Can Help
Just because you were arrested doesn’t mean you are guilty. There are several powerful legal defenses available in assault cases:
- Self-Defense: You acted to protect yourself from an immediate threat.
- Defense of Others or Property: You were protecting a third party or your property.
- Lack of Intent: The contact was accidental or unintentional.
- False Accusations: The alleged victim has a motive to lie or exaggerate the incident.
As your attorney, Genaro R. Cortez will meticulously review police reports, interview witnesses, and challenge the prosecution’s evidence to seek a dismissal or reduction of your charges.
Contact a San Antonio Assault Defense Lawyer Today
An assault conviction can stay on your record forever, affecting your job opportunities and reputation. Don’t face the Bexar County criminal justice system alone.
Contact the Law Office of Genaro R. Cortez, PLLC at (210) 733-7575 for a free, confidential consultation. We are located in the Beacon Hill neighborhood just north of downtown at 730 West Hildebrand Avenue, Suite 2, San Antonio, Texas 78212.
Meet Your San Antonio Assault Defense Attorney: Genaro R. Cortez
When you are facing assault charges in San Antonio, you deserve an attorney who will treat your case with the seriousness it demands. Genaro R. Cortez has defended clients against misdemeanor and felony assault allegations in Bexar County since 2003, bringing over two decades of courtroom experience to every case he handles.
As the founder of the Law Office of Genaro R. Cortez, PLLC, Genaro operates as a solo practitioner by design. Unlike large firms where your assault case may be passed to a junior associate, Genaro personally manages every aspect of your defense — from your first phone call through trial, if necessary. This hands-on approach means your assault criminal defense attorney knows every detail of your case and is fully prepared to challenge the prosecution’s evidence at every stage.
Courtroom Experience That Matters in Assault Cases
Genaro is licensed to practice in both Texas state courts and federal courts, including the U.S. District Courts for the Western and Southern Districts of Texas and the Fifth Circuit Court of Appeals. He regularly appears before judges in the Bexar County District Courts and Bexar County Courts-at-Law, giving him deep familiarity with local prosecutors, court procedures, and sentencing tendencies that can make a critical difference in the outcome of your assault case.
His practice covers the full spectrum of assault-related charges, including:
- Simple assault (Class A and Class C misdemeanors)
- Aggravated assault with a deadly weapon (second-degree felony)
- Family violence and domestic assault charges
- Assault involving choking or strangulation (third-degree felony)
- Assault on a public servant or emergency worker
- Protective order violations related to assault allegations
Education and Analytical Background
Genaro earned his law degree from Texas Tech University School of Law in 2002 and holds an economics degree from The University of Texas at Austin. Before practicing law, he worked as an accountant at Dell Financial Services, a background that gives him a detail-oriented, analytical approach to reviewing evidence, challenging police reports, and identifying weaknesses in the prosecution’s case.
Professional Affiliations and Community Standing
Genaro is an active member of the Texas Criminal Defense Lawyers Association (TCDLA), the San Antonio Bar Association (SABA), and the San Antonio Trial Lawyers Association (SATLA). He currently serves on the State Bar of Texas Grievance Committee for the San Antonio District (2023–2026), a position that reflects the trust the legal community places in his professional judgment and ethical standards.
Can I get my assault arrest expunged if the prosecutor drops my charge in Texas?
Yes. Chapter 55A of the Texas Code of Criminal procedure allows you to expunge your records if the prosecutor dropped your charge and a court never placed you on probation.
Can I get my family violence assault record expunged or sealed if a judge put me on probation in Texas?
No. If a judge placed you on probation then you are not eligible for an expunction. Further, Texas law does not allow you to seal your record if it is a family-violence case.
If a victim signs an affidavit of non-prosecution, then can I get my assault case dropped?
It depends. Defense attorneys frequently use affidavits of non-prosecution to ask a prosecutor to drop the charge. However, the decision to drop a case rests entirely with the prosecutor and not the victim.
Can I lose custody of my kids if I have a family-violence case on my record?
Yes. Family law judges take into account the family violence history of the parents when they decide what is in the best interest of the child.
Can I use the Bexar County Satellite Office to post my bond if I have a warrant for an Assault-Family Violence Case?
No. As of February 28, 2026, the Bexar County Satellite Office does not allow people with charges for violent crimes to post a bond using their office. However, you should call their office to check on your circumstances. Their phone number is 210-335-2592.