Assault Defense Attorney in Cameron County
Janie Jaimez, Attorney at Law
An assault charge in Cameron County can move fast. Whether the charge stems from a fight, a domestic dispute, or an incident where the facts are disputed, the decisions made early in the case affect what options remain later.
Janie Jaimez is a bilingual assault and domestic violence defense attorney in Cameron County and former Cameron County prosecutor. She represents clients facing assault charges in Brownsville, Harlingen, and throughout the Rio Grande Valley. Criminal hearings are held at the courthouse in Brownsville.
Charged with assault or domestic violence in Cameron County? Call 956-793-5033 for a same-day consultation.
Assault Charges in Texas
Texas law defines assault in several ways. The charge you face depends on what allegedly happened, who was involved, and the relationship between the parties.
Simple Assault (Texas Penal Code 22.01)
Simple assault covers intentionally, knowingly, or recklessly causing bodily injury to another person, intentionally or knowingly threatening someone with imminent bodily injury, or making physical contact with someone in a provocative or offensive way. Depending on the circumstances, simple assault can be charged as a Class A or Class C misdemeanor.
Aggravated Assault (Texas Penal Code 22.02)
Aggravated assault involves either causing serious bodily injury or using or exhibiting a deadly weapon during the offense. It is typically charged as a second-degree felony, which carries 2 to 20 years in state prison. It can be elevated to a first-degree felony depending on the relationship between the parties or other aggravating factors.
Domestic Assault and Family Violence Charges
When an assault involves a family member, household member, or dating partner, it is prosecuted as domestic assault under Texas law. The relationship between the parties triggers additional consequences beyond the criminal charge itself.
An affirmative finding of family violence on your record in Texas:
-
Permanently bars you from possessing a firearm under federal law
-
Enhances future assault charges from misdemeanor to felony
-
Affects child custody proceedings
-
Can trigger deportation or affect immigration status for non-citizens
-
Can appear on background checks regardless of whether you were convicted
Texas law also allows police to arrest on probable cause in domestic violence calls without a warrant and without the alleged victim pressing charges. The case can proceed even if the alleged victim later recants or does not want to move forward. The prosecutor makes that call, not the complaining witness.
Protective Orders in Assault and Domestic Violence Cases
A protective order is often filed alongside or immediately following a domestic assault charge. It can restrict where you can go, who you can contact, and in some cases, whether you can remain in your own home.
Violating a protective order is a separate criminal offense. If a protective order has been filed against you, understanding exactly what it requires and what constitutes a violation matters from the moment it is served.
What Janie Reviews in Every Assault Case
Not every assault charge reflects what actually happened. Witnesses misremember. Accounts conflict. Context gets left out of the police report. As a former Cameron County prosecutor, Janie knows how these cases are built and what prosecutors look for when evaluating them.
In every assault case she reviews:
What the evidence actually shows.
Police reports, witness statements, surveillance footage, medical records, and 911 calls all tell different parts of the story. The full picture matters.
Whether the alleged victim’s account is consistent.
Inconsistencies in statements made at different times are relevant to how the case is evaluated.
Whether self-defense applies.
Texas law recognizes the right to defend yourself, your property, and others. Whether that defense applies depends on the specific facts.
The relationship between the parties.
An affirmative finding of family violence carries consequences that a standard assault charge does not. How the charge is resolved matters beyond the immediate penalties.
Immigration consequences.
Assault convictions, particularly those involving affirmative findings of family violence, can trigger serious immigration consequences for non-citizens. Janie handles both criminal defense and immigration matters and evaluates both together.
Whether a protective order is in place.
If a protective order has been issued, Janie reviews the terms and makes sure you understand what compliance requires while the case is pending.
Assault, Domestic Violence, and Immigration
For non-citizens, a domestic violence conviction or an affirmative finding of family violence carries significant immigration consequences. Under federal law, a conviction for a crime of domestic violence can be grounds for deportation, even for lawful permanent residents.
The specific immigration consequences depend on the charge, how it is resolved, and your current immigration status. A deferred adjudication or a plea to a reduced charge may still carry immigration consequences depending on how it is structured.
Janie handles both criminal defense and immigration matters. If you are facing an assault or domestic violence charge with immigration implications, she reviews both sides together.
Facing an assault charge with immigration concerns? Call 956-793-5033 before anything is resolved.
Penalties for Assault in Texas
Penalties vary based on the charge level, prior history, and circumstances of the offense.
-
Class C Misdemeanor (offensive contact, no injury) — Fine up to $500, no jail time
-
Class A Misdemeanor (simple assault causing bodily injury) — Up to one year in county jail, fine up to $4,000
-
Second-Degree Felony (aggravated assault) — 2 to 20 years in state prison, fine up to $10,000
-
First-Degree Felony (aggravated assault with specific aggravating factors) — 5 to 99 years or life in state prison, fine up to $10,000
A prior affirmative finding of family violence elevates a subsequent assault against a family or household member from a Class A misdemeanor to a third-degree felony. Each case is different. The ranges above are for general information only and do not represent the outcome of any specific case.
Frequently Asked Questions
Can a domestic violence charge be dropped if the alleged victim doesn’t want to press charges?
In Texas, the alleged victim does not control whether charges are filed or pursued. The prosecutor makes that decision. Cases can and do proceed even when the complaining witness recants or requests that charges be dropped. Early involvement of an attorney matters in these situations.
Yes. Texas law allows officers to arrest without a warrant in domestic violence situations if they have probable cause to believe family violence occurred. You can be arrested based on the responding officer’s assessment regardless of what the alleged victim says at the scene.
Can I be arrested for assault without the other person pressing charges?
Will an assault conviction show up on a background check?
Yes. An assault conviction, including misdemeanor assault, appears on criminal background checks. An affirmative finding of family violence is specifically flagged in many background check systems. WWhether the record can be cleared depends entirely on how the case was resolved. See how expunction and non-disclosure work for other charge types.
An affirmative finding of family violence is an official court determination that an offense involved family violence. It does not require a felony conviction to trigger consequences. Even a misdemeanor assault conviction with an affirmative finding of family violence permanently affects firearm rights under federal law and enhances any future charges.
What is an affirmative finding of family violence and why does it matter?
What happens if I violate a protective order?
Violating a protective order is a separate Class A misdemeanor. A second violation or a violation involving assault is a third-degree felony. The original assault case and the protective order violation are prosecuted separately.
How does an assault charge affect child custody?
An affirmative finding of family violence or domestic assault conviction is a factor courts consider in custody determinations under Texas law. The court is required to consider evidence of family violence when making custody and visitation decisions.
Charged with Assault or Domestic Violence in Cameron County?
The consequences of an assault or domestic violence charge extend beyond the immediate criminal penalties. An affirmative finding of family violence affects firearm rights, immigration status, and future charges. How the case is resolved matters.
Janie Jaimez is a former Cameron County prosecutor who now defends clients facing assault and domestic violence charges in Brownsville, Harlingen, and throughout Cameron County.
Call 956-793-5033 for a same-day consultation.
29 Avalon Dr, Brownsville, TX 78520
(281) 779-4053
Serving the Rio Grande Valley