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Austin Assault Attorney.
Your Side Deserves to Be Heard.

An arrest is not a conviction. Assault charges in Texas are serious, but they are defensible. Richard Gentry brings prosecutor-side experience and a personal approach to every assault case he takes.
What is Assault in Texas?

Under Texas Penal Code § 22.01, assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person, or threatens another with imminent bodily injury. Charges range from a Class A misdemeanor to a first-degree felony depending on the circumstances, the alleged victim, and whether a deadly weapon was involved.

Understanding Your Case

Assault Charges Are Not Cut and Dry

Unlike most criminal charges — where the case is simply between you and the State — assault cases involve a third party whose input can significantly shape how prosecutors choose to proceed: the alleged victim. What they say, when they say it, and whether their account changes over time can all affect your case in ways most defendants never anticipate.

But the presence of an alleged victim does not mean the case is over before it begins. The State must still prove guilt beyond a reasonable doubt. Questions of self-defense, defense of another, and defense of property all remain squarely in play. An arrest is not an admission. And just because the police made a call doesn’t mean your side of the story isn’t the one that matters.

These cases frequently require interviewing multiple witnesses, subpoenaing surveillance footage, reviewing medical records, and retaining expert testimony. The devil is in the details — and Richard Gentry is experienced and resourceful at bringing those details to light.

Charged with Assault in Austin?

Don’t wait. Early intervention is the single biggest factor in a successful defense. Richard reviews every inquiry personally.

512-499-0007

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Former Travis County Prosecutor

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UT School of Law Graduate

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Federal & State Court Experience

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Austin Monthly Top Attorney '24 - '26

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24 / 7 Availability for Urgent Cases

Why Richard for Assault Cases?

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Prosecutor insight. He knows how the other side builds assault cases, because he built them.

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Trial experience. He doesn’t just negotiate, he has taken assault cases in front of juries and won.

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Personal attention. Your case gets Richard, not a paralegal, not a junior associate.

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Honest counsel. He’ll tell you the truth about your case, not what you want to hear.

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Working With Alleged Victims

As a former Travis County Prosecutor, Richard has direct experience preparing assault cases for trial — which means he knows from the other side of the table that what is said to police and what ends up being said on the witness stand are often very different things. Getting to the truth of an assault allegation is never as simple as reading a police report. Engaging with alleged victims and witnesses requires practice, precision, and experience — and that is exactly what Richard brings.

“Just because the police made an arrest doesn’t mean your side of the story isn’t the one that should be heard.”

— Richard Gentry, Austin Criminal Defense Attorney

Domestic & Family Violence

Family violence allegations carry an entirely different weight. There may be an active divorce proceeding. A protective order may already be in place — which means additional legal constraints that you must understand immediately. One side of the relationship may be attempting to reconcile while the other is not. All of these layers complicate the defense and require an attorney who handles the case holistically, not just the criminal charge in isolation.

A conviction in a family violence case can result in a lifetime ban on firearm ownership, loss of resident status for non-citizens, and serious consequences in any subsequent divorce or custody proceeding. Because the goal is always to minimize the impact of a charge on your life, not just your record. Richard addresses every one of these risks from day one.

Charges We Defend

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Simple Assault (Class A Misdemeanor)

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Aggravated Assault with a Deadly Weapon

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Family Violence / Domestic Abuse

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Assault of a Public Servant

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Violation of a Protective Order

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Terroristic Threat

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Harassment

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Assault Causing Bodily Injury

Related Practice Areas

DWI Defense

Often charged alongside assault after an incident

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Drug Charges

Co-occurring charges in many domestic cases

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Sexual Assault

Related allegations that require experienced defense

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Your Case?

Every case starts with a conversation. Richard personally reviews every inquiry and responds within one business hour. There's no obligation, just honest answers.
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What Clients Say

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Frequently Asked Questions

Can assault charges be dropped if the alleged victim doesn't want to press charges? +
In Texas, the alleged victim does not technically "press charges" — that decision belongs to the State. However, the alleged victim's cooperation and willingness to testify can significantly influence how aggressively prosecutors pursue the case. An experienced defense attorney can use this dynamic strategically.
Is self-defense a valid defense against assault charges in Texas? +
Yes. Texas law explicitly allows individuals to use force — including deadly force under certain circumstances — to protect themselves, another person, or their property. Self-defense is one of the most powerful defenses available in assault cases, and Richard has experience presenting and arguing it effectively at trial.
What is the difference between assault and aggravated assault in Texas? +
Simple assault is generally a Class A misdemeanor, carrying up to one year in jail and a $4,000 fine. Aggravated assault — which involves serious bodily injury or the use of a deadly weapon — is a second-degree felony (2–20 years) or a first-degree felony (5–99 years) in certain circumstances. The distinction matters enormously and shapes the entire defense strategy.
What happens if there is a protective order against me? +
Violating a protective order is a separate criminal offense on top of any underlying assault charge. It's critical to understand exactly what the order prohibits and to comply fully while your case is pending. Richard will walk you through the specific terms and ensure you understand what is and isn't permitted — a conversation that should happen immediately after you're served.
Will a family violence conviction affect my right to own a firearm? +
Yes, under federal law, a conviction for a misdemeanor crime of domestic violence permanently prohibits you from possessing firearms. This applies even to misdemeanor family violence convictions, not just felonies. It is one of the most significant collateral consequences of a family violence case, and one of the strongest reasons to fight the charge aggressively from the start.
How soon should I contact a lawyer after an assault arrest? +
Immediately. The hours and days following an arrest are when critical decisions get made — what you say to law enforcement, bail conditions, and early prosecution strategy. The sooner you have experienced legal counsel, the more options you have. Richard is available around the clock for exactly this reason.