Deferred Adjudication for Assault Cases: What It Means

A Beginner’s Guide to Texas Deferred Adjudication in Assault Cases

If you’ve been charged with assault in Texas, your attorney may talk to you about a plea option called “deferred adjudication.” But what does it really mean? Does it keep you out of jail? Will it stay on your record? Can you clear it later?

Deferred adjudication can offer a second chance without a formal conviction, but it also comes with serious consequences — especially for cases involving family violence or aggravated assault.

In this beginner’s guide, we’ll break down what deferred adjudication means in Texas assault cases, how it works, and when it helps or hurts you. We’ll also explain why you should never accept a deal without first consulting a qualified attorney near you.

What You’ll Learn in This Guide:

• What deferred adjudication is
• How it works in Texas criminal courts
• When deferred adjudication is available in assault cases
• Benefits and limitations
• How a lawyer near you can protect your long-term record

What Is Deferred Adjudication?

Deferred adjudication is a type of plea agreement in Texas where you:

1. Plead guilty or no contest, but
2. The judge does not enter a conviction, and
3. You are placed on community supervision (probation)

If you successfully complete the terms, your case is dismissed at the end of the probation period.

Important: It is not the same as a conviction, but it is still a criminal record — and not all assault cases can be sealed or expunged afterward.

Who Qualifies for Deferred Adjudication?

Eligibility depends on:

• Charge classification (misdemeanor vs. felony)
• Type of alleged assault
• Prior criminal history
• Judicial and prosecutorial discretion

Typically Available For:

• First-time Class A assault (non-family violence)
• Some low-level felony assault cases, especially if no weapon or injury involved

A skilled criminal defense attorney near you can negotiate deferred adjudication for eligible clients — often avoiding jail time and permanent conviction.

Is Deferred Adjudication Available for Family Violence Assault?

Yes, but with serious consequences.

You can receive deferred adjudication for Assault–Family Violence, but it will still carry a “family violence finding”— and that changes everything.

Consequences of a Family Violence Finding (Even with Deferred):

• Cannot be sealed or expunged
• Lifetime firearm ban under federal law (18 U.S.C. § 922(g)(9))
• Used to enhance future charges to a felony
• Impacts child custody and protective orders

Learn more in: Domestic Assault and Family Violence Offenses in Fort Bend County and Enhanced Penalties for Repeat Assault or Family Violence Offenders

What Happens During Deferred Adjudication Probation?

You’ll be placed on community supervision and must follow court-ordered terms, which may include:

• Monthly check-ins with a probation officer
• Anger management or domestic violence classes (BIPP)
• No new arrests or violations
• Community service hours
• Drug/alcohol testing
• No contact orders or stay-away conditions

If you violate any terms, the court can revoke probation and enter a conviction, then sentence you up to the maximum allowed by law.

How Long Does Deferred Adjudication Last?

Typical terms:

• 6 months to 2 years for misdemeanors
• 2 to 5 years (or more) for felonies

The judge determines the length at sentencing. Your attorney near you can often negotiate for shorter terms in non-violent or first-time offender cases.

Can You Seal Your Record After Deferred Adjudication?

It depends.

You may be eligible for nondisclosure (record sealing) if:

• It’s not a family violence or sex offense
• You successfully completed supervision
• You meet statutory waiting periods

You CANNOT seal or expunge deferred adjudication for:

• Assault–Family Violence
• Aggravated Assault or deadly weapon cases
• Assault on public servants, emergency personnel, or vulnerable victims

See: Misdemeanor vs. Felony Assault Charges in Texas Courts for classification impacts

Benefits of Deferred Adjudication

• Avoids a conviction on your record
• No jail or prison time in most cases
• Dismissal upon completion of probation
• May still preserve employment, housing, or educational opportunities
• Possible record sealing (in limited situations)

Downsides of Deferred Adjudication

• You still plead guilty (this can be used in future cases)
• Not eligible for sealing if family violence or certain felony conditions apply
• Probation conditions can be strict and expensive
• Violations can result in maximum sentence without a new trial
• Still appears on your criminal history background checks

Real-Life Example

Case 1: First-Time Class A Assault (Non-Family Violence)
– Client pleads no contest, receives 12 months deferred adjudication.
– Completes probation with no violations.
– Case dismissed, client becomes eligible for nondisclosure after waiting period.

Case 2: First-Time Assault–Family Violence
– Client receives deferred adjudication.
– Completes probation successfully.
– Case dismissed, but record still shows family violence finding forever — no sealing allowed.

Should You Accept Deferred Adjudication?

That depends on your case facts, goals, and eligibility. Your lawyer near you should evaluate:

• Can the case be dismissed outright?
• Will the deferred deal still harm you long-term?
• Is there a better resolution (pretrial diversion, reduction, dismissal)?

Never accept a plea deal without understanding all the consequences — especially if family violence or felony enhancements are involved.

How a Criminal Defense Attorney Near You Can Help

At Walker Law Office, we help clients across Harris County, Fort Bend County, and Galveston County determine whether deferred adjudication is truly in their best interest — or whether we can push for dismissal, reduction, or alternative resolutions.

A knowledgeable attorney near you can:

• Negotiate for deferred adjudication or dismissal
• Help avoid family violence findings when possible
• Guide you through probation successfully
• Advise you on record sealing or expunction eligibility

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a criminal defense attorney near you about your options.

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