County-by-County Sentencing Practices: Harris, Galveston, Brazoria

If you’ve been arrested for assault in Texas — whether a bar fight, a family argument, or something more serious — your next steps can shape your future. But here’s the part most people don’t know: where you’re charged can matter just as much as what you’re charged with.

This beginner’s guide breaks down how sentencing for assault varies by county in Texas, focusing on Harris County, Galveston County, and Brazoria County. While all counties apply the same state laws, the way those laws are enforced, interpreted, and penalized can differ drastically.

What Is Assault Under Texas Law?

Before diving into county specifics, let’s establish a foundation.

Under Texas Penal Code § 22.01, a person commits assault if they:

• Cause bodily injury to another person
• Threaten someone with imminent bodily injury
• Make offensive or provocative contact

These offenses range from Class C misdemeanors (verbal threats, offensive touching) to first-degree felonies(aggravated assault with a deadly weapon).

For more details, see Simple Assault Charges: Texas Laws and Penalties (Class C and A) and Aggravated Assault: What It Means and What’s at Stake (2nd Degree Felony).

Why Sentencing Varies Across Counties

Texas law establishes sentencing ranges, but each county has discretion on:

• Whether to offer probation
• Whether to pursue enhancements (e.g., family violence, deadly weapon)
• Whether to file misdemeanor vs. felony charges in borderline cases
• Whether to offer pretrial diversion for first-time offenders

Your outcome in Harris County could look very different than in Brazoria County for the same offense.

Sentencing in Harris County

County Overview

Harris County (Houston) has one of the largest criminal justice systems in the country. It handles tens of thousands of assault cases per year. With that volume, Harris County courts often rely on diversion programs and probation in non-violent or first-time cases.

Common Assault Sentencing Outcomes

• Class C Assault: Deferred disposition, dismissal, or $500 fine in municipal or JP courts.
• Class A Assault (Family Violence):
  • Probation or jail up to 1 year
  • Often includes Family Violence Intervention Program (FVIP)
  • EPO (Emergency Protective Order) issued at arrest
• Third-Degree Felony Assault:
  • 2–10 years in prison
  • Possibility of deferred adjudication
• Second-Degree Aggravated Assault:
  • 2–20 years in prison
  • Most judges require jail time unless negotiated down

Local Trends

• Judges prefer treatment and supervision over incarceration for non-repeat offenders.
• Prosecutors are aggressive with enhancements, especially Assault Against Public Servants: Police, EMTs, Teachers.
• Protective orders are enforced strictly, especially in family cases.

Sentencing in Galveston County

County Overview

Galveston County includes cities like Galveston, Texas City, League City, and Dickinson. The criminal courts here are known for being stricter than Harris — particularly in domestic violence and aggravated assault cases.

See: What Happens After an Assault Arrest in Galveston County.

Common Sentencing Outcomes

• Class C Assault:
  • Fines or deferred disposition available
  • Less likely to offer expunction unless attorney pushes for it
• Class A Domestic Assault:
  • Probation is available but usually includes mandatory counseling, curfews, no-contact orders
  • Community supervision violations are harshly penalized
• Felony Assault (Third/Second Degree):
  • Judges typically lean toward incarceration in aggravated or repeat cases
  • Deferred adjudication only considered when victim supports leniency

Local Trends

• Victim advocacy programs influence sentencing recommendations.
• DA’s office has strict policies for strangulation and choking charges, especially in Domestic Assault and Family Violence Offenses in Fort Bend County or Galveston.
• Less likely to approve pretrial diversion without legal pressure from defense.

Sentencing in Brazoria County

County Overview

Brazoria County includes Pearland, Alvin, and Angleton. Courts here lean conservative, and sentencing reflects a more law-and-order approach, especially with repeat or violent offenders.

Common Sentencing Outcomes

• First-Time Class C Assault:
  • Often dismissed with deferred disposition or fine
  • Expunction available if resolved favorably
• Class A Assault – Family Violence:
  • Judges skeptical of plea bargains without strong documentation
  • Probation typically includes community service and batterer intervention
• Felony Assault with Weapon or Injury:
  • Higher likelihood of State Jail or TDCJ time
  • No probation policies in some courts for weapon-based offenses
• Repeat Offenders (see Enhanced Penalties for Repeat Assault or Family Violence Offenders):
  • Often prosecuted aggressively
  • Sentencing includes enhancement under Penal Code § 12.42

Local Trends

• Less use of diversion programs compared to Harris
• Victim cooperation can heavily sway sentencing
• Defense attorneys must negotiate early to avoid habitual offender enhancements

Probation, Parole & Deferred Adjudication

Probation (Community Supervision)

Offered most frequently in Class A misdemeanor and third-degree felony cases, but requires:

• Reporting to a probation officer
• Completing anger management or FVIP
• Submitting to random drug testing
• Restrictions on travel or firearms

See Probation vs. Jail Time for Assault Charges in Texas and Can You Avoid Jail for a First-Time Assault Charge?

Parole

Available for eligible inmates serving time on felony assault convictions. Factors affecting parole:

• Nature of the offense
• Whether a weapon was involved
• Prior criminal history
• Institutional behavior

More in Parole After Felony Assault Convictions in Texas

Deferred Adjudication

This is a legal second chance where a guilty plea is entered, but the judge defers a finding of guilt. Common in:

• First-time Class A Assault
• Some third-degree felony cases
• Avoids conviction IF conditions are met

But beware: For family violence, the “finding” stays even without a conviction. See Deferred Adjudication for Assault Cases: What It Means

Restitution, Fines, and Other Penalties

In assault cases, the court may impose:

• Fines:
  • Up to $500 for Class C
  • Up to $4,000 for Class A
  • Up to $10,000 for felonies
• Restitution Orders:
  • Cover medical bills, lost wages, damaged property
  • See Restitution Orders in Assault Cases: Financial Consequences
• Protective Orders:
  • Bar contact with victims
  • Affect housing, child custody, and firearm rights
• Community Service:
  • Ranges from 40 to 200+ hours

How an Assault Conviction Affects Your Record

Whether misdemeanor or felony, assault convictions carry lasting consequences, including:

• Barriers to employment and housing
• Loss of professional licenses
• Firearm bans (for family violence)
• Immigration consequences
• Social stigma and background check failures

See How an Assault Conviction Affects Your Criminal Record

Conclusion: Every County Has Its Own Playbook

Texas assault sentencing is not one-size-fits-all. While the Penal Code sets the floor and ceiling, local courts decide what happens in between.

• In Harris County, you might get a second chance through probation or diversion.
• In Galveston County, you may face stiffer oversight and stricter enforcement.
• In Brazoria County, leniency is less likely — especially if violence or weapons were involved.

That’s why your first call after arrest should be to a local attorney near you who understands how these counties operate. From pretrial negotiations to sentencing and expunction, having the right legal strategy tailored to your jurisdiction can make all the difference.

Call to Action:

At Walker Law Office, we defend clients facing assault charges in Harris, Galveston, and Brazoria County every day. Our team knows how judges sentence, how prosecutors negotiate, and how to fight enhancements or secure alternatives to jail.

Whether you’ve been cited for simple assault, accused of domestic violence, or indicted for aggravated assault with a weapon, we’re ready to help.

📞 Call us now at (713) 228-2611 or visit
🔗 walkerlawhouston.com/contact
for a confidential consultation with a criminal defense attorney near you.

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