Criminal Defense Lawyer in Cypress, TX

Criminal Defense & Assault Attorney in Cypress, TX

If you are facing charges for assault, you know the profound effect that situation can have on your life. Potential consequences include not only legal penalties like jail time and fines, but also damage to your reputation, social life, and possibly even future job opportunities. If you need to hire a criminal defense and assault lawyer in Cypress, TX, we at Surginer Stewart, PLLC, are ready to help you defend your rights.

Surginer Stewart, PLLC—Your Cypress Criminal Defense Lawyer

When you need to defend yourself against criminal charges, you need confident, knowledgeable legal counsel to help you navigate the process. At Surginer Stewart, PLLC, we have over 30 years of combined criminal defense experience. Our office is located on Long Pointe Road in Houston, so we are easily accessible to our Cypress clients. We’ll walk with you through every legal procedure, from initial police interviews all the way through to the courtroom.

What Constitutes Assault in Texas?

According to Texas law, which defines assault in Title 5, Chapter 22 of the Texas Penal Code, assault is knowingly, intentionally, and/or recklessly causing bodily harm or threatening to cause imminent bodily harm to another person. Additionally, touching another person in a way that they construe as offensive or threatening can also be considered assault. More detailed explanations of the three assault categories are as follows:

• Bodily harm: This category is what most people think of as assault. This kind of assault encompasses actually hitting, punching, kicking, or otherwise causing bodily harm to another person.
• Threat of bodily harm: Threatening another person with imminent (immediate, in the moment) bodily injury can also result in assault charges. One example of this is raising a hand as if to hit someone, even if there is no actual contact.
• Perception of threat: Because this kind of assault is based on perception, it is more difficult to define and prove in court. One example would be one person spitting on another person if the victim perceived this behavior as imminently threatening.

Is Assault a Felony in Texas?

Assault can be charged as a felony or a misdemeanor in Texas. The distinction depends on the circumstances of the assault, any prior convictions for the offender, the identity of the victim, and whether there were any aggravating factors like the use of a weapon.

What Are Some Potential Penalties for Assault in Texas?

Among all criminal charges, assault is one of the most common. In 2025, 4,340 adults in Texas were convicted of assault resulting in bodily injury. Legal penalties for assault vary depending on whether the offender is charged with a misdemeanor or a felony.

Sentencing guidelines for criminal offenses are laid out in Texas Penal Code Title 3, Chapter 12. Guidelines for charges that typically apply to assault are as follows:

• Class A misdemeanors carry punishments of up to one year in prison and a $4,000 fine.
• Third-degree felonies can result in prison sentences of between two and 10 years and fines up to $10,000.
• Second-degree felonies can carry prison sentences of two to 20 years and fines of up to $10,000.

Why You Should Hire a Criminal Defense and Assault Lawyer

Police officers, prosecutors, and other court officials are legally required to follow due process guidelines during criminal investigations and proceedings. Defendants are presumed innocent until proven guilty. Unfortunately, reality does not always match the ideal. If you are facing charges for assault, you should hire a criminal defense and assault lawyer to help you through the process.

Sometimes, defendants’ constitutional rights can be violated during a criminal investigation or trial. Often, this happens when due process is not followed. Incidents can stem from procedural mistakes or even unconscious bias.

If you have a knowledgeable attorney in your corner, they can provide oversight during the investigation process and support during court proceedings, as well as represent you and present a defense case on your behalf.

FAQs

How Much Does It Cost to Hire a Criminal Defense Attorney in Cypress?

The cost to hire a criminal defense lawyer is variable, and it is based on the complexities of individual cases, time requirements, and the rates and fee structures set by individual attorneys. Most lawyers require clients to pay a retainer fee, which is an up-front lump sum payment, to begin working on your behalf. The actual hours the lawyer works are then billed against the retainer.

Is There a Mandatory Minimum Jail Sentence for Misdemeanor Assault in Texas?

No, there is no mandatory prison sentence for a Class A misdemeanor in Texas. According to Title 3, Chapter 12 of the Texas Penal Code, a Class A misdemeanor can result in up to one year of imprisonment and a maximum fine of $4,000. However, these penalties are not mandatory, and judges ultimately decide sentences on a case-by-case basis.

Do I Need to Wait Until Charges Are Filed to Hire a Lawyer?

No, do not wait until official criminal charges are filed to hire a defense attorney. If you even suspect that you may be facing criminal charges, you should consult a lawyer as soon as you can. The earlier you retain counsel, the earlier your lawyer can begin building a defense case and supporting you through the process.

Is There a Statute of Limitations for Assault in Texas?

Yes, there is a statute of limitations for assault, which is outlined in Title 1, Chapter 12 of the Texas Code of Criminal Procedure. For misdemeanor assault, the statute of limitations is two years. In the case of felony assault, the statute of limitations can vary according to any aggravating factors at play. There is a statute of limitations of at least three years for felony assault charges.

Contact a Criminal Defense & Assault Lawyer in Cypress, TX at Surginer Stewart, PLLC

If you expect to be facing assault charges, you should retain legal counsel as soon as you can. Criminal justice processes can be complicated, and having an experienced lawyer to give you sound legal advice is invaluable. Being charged with a crime is stressful, but you don’t have to navigate the next steps alone. Contact Surginer Stewart, PLLC, today to discuss your case.