Assault Lawyer in McAllen

A Former Hidalgo County Prosecutor Defending Penal Code 22.01 Charges

Texas Penal Code Section 22.01 defines assault three ways: intentionally, knowingly, or recklessly causing bodily injury to another person; threatening someone with imminent bodily injury; or making physical contact the accused knows will be regarded as offensive or provocative. That last category can be a Class C misdemeanor with a fine up to $500. Causing actual bodily injury is a Class A misdemeanor carrying up to one year in jail and a $4,000 fine. And depending on who the alleged victim is or what prior convictions exist, the same charge can jump to a third-degree felony before you’ve set foot in a courtroom.

If you’re facing an assault allegation in McAllen, the decisions made in the first days matter. Law Office of Rolando D. Cantu represents clients throughout Hidalgo County and across South Texas, and attorney Rolando Cantu brings more than 15 years of experience handling serious state and federal criminal cases.

Don’t wait to get counsel on your side. Call Law Office of Rolando D. Cantu at (956) 594-5607 for a free case review.

Insider Knowledge of How the Hidalgo County DA’s Office Builds Assault Cases

Rolando Cantu served as both a Hidalgo County Assistant District Attorney and an Assistant United States Attorney. In those roles, he personally evaluated and prosecuted bodily-injury and family-violence assault cases, which make up a substantial portion of the local docket. He knows how the Hidalgo County District Attorney’s Office weighs evidence at intake, what factors push a case toward trial versus a negotiated resolution, and where the weaknesses in a prosecution are likely to appear.

That background directly shapes how we approach your defense. Cases receive direct attorney involvement from Rolando Cantu, not a junior associate. We also provide bilingual representation in Spanish, which matters for many clients throughout the Rio Grande Valley navigating a stressful and unfamiliar process.

Assault Charge Classifications Under Texas Law

Understanding where your charge sits in the penalty structure helps frame what’s at stake. Texas assault charges range significantly in severity depending on the circumstances:

• Class C misdemeanor: Assault by threat or offensive/provocative contact, punishable by a fine up to $500
• Class A misdemeanor: Assault causing bodily injury, punishable by up to one year in jail and a fine up to $4,000
• Third-degree felony enhancements: Assault against a public servant discharging official duties, assault involving choking or strangulation (even on a first offense), a prior conviction involving a family or household member, or continuous family violence (two or more assaults against a family member within 12 months)

Aggravated assault, which requires proof of serious bodily injury or use of a deadly weapon, is a separate and more serious charge. This page covers general assault and family-violence assault under Penal Code 22.01; aggravated assault involves distinct elements and penalties that go beyond what’s covered here.

Defense Strategies for an Assault Allegation

Not every assault allegation holds up under scrutiny. Self-defense and defense of another person apply when the accused acted to protect themselves or someone else from harm. Consent can negate a charge when the conduct didn’t threaten or inflict serious bodily injury. Other viable defenses include mistaken identity, insufficient or inconsistent evidence, and challenging whether the alleged contact was actually offensive or provocative in context.

Our approach is to analyze the offense report, witness statements, and any physical evidence to identify where the prosecution’s case is weakest before settling on a strategy.

How Assault Cases Move Through Hidalgo County Courts

Where your case is heard depends on the charge level. Class A misdemeanor cases are processed in the Hidalgo County Courts at Law. Felony-level charges go to the District Courts. Before either path begins, the Hidalgo County District Attorney’s Misdemeanor Intake Division reviews the police offense report and evidence to decide whether to file a formal Complaint or Information.

After an arrest, a magistrate informs the accused of the charges and sets conditions of release, including bond. Getting representation before or immediately after magistration lets us begin building your defense before the prosecution has locked in its approach.

Start Your Defense with a Free Case Review

A conviction carries consequences that extend well beyond fines or jail time. Employment background checks, housing applications, and for non-citizens, immigration status can all be affected by a criminal record. Understanding your options as early as possible is the most important step you can take right now.

We offer a free initial case review. Consultations can be conducted in person, by phone, or virtually via Zoom, FaceTime, or Skype. Throughout your case, you communicate directly with Rolando Cantu, not through staff or intermediaries.

Call Law Office of Rolando D. Cantu at (956) 594-5607 to speak with a McAllen assault defense attorney today. We’re ready to review your case at no cost.