What Happens After an Assault Arrest in Galveston County?

Facing Assault Charges in Galveston County? Here’s What You Need to Know

Many people arrested for assault in Galveston County have no prior criminal record and are blindsided by the legal process. Whether the charge is Class C, Class A, or a felony, the aftermath of an assault arrest is serious, confusing, and time-sensitive.

If you or a loved one has been arrested in Galveston, Texas City, Dickinson, League City, or elsewhere in the county, here’s what actually happens — and what you need to do immediately to protect your rights.

What Law Governs Assault Arrests in Texas?

Under Texas Penal Code § 22.01, assault includes:

1. Causing bodily injury to another person
2. Threatening someone with imminent bodily injury
3. Making offensive or provocative physical contact

Depending on the conduct, assault charges range from Class C misdemeanors to first-degree felonies, and Galveston County law enforcement officers are quick to make arrests when allegations are made — even if the situation is unclear.

That’s why your first step should be contacting a criminal defense attorney near you with experience in Galveston County courts.

Step 1: Arrest and Booking

After an assault arrest, you’ll be taken to the Galveston County Jail in Galveston, Texas, for processing. You’ll be:

• Photographed and fingerprinted
• Entered into the statewide criminal database
• Held pending bail or release

If the charge is Class C, you may be issued a citation and release — but this is still a criminal charge and must be fought in court.

For Class A or felony charges, you will remain in custody until:

• A magistrate sets bond, or
• You post bond or obtain a PR (personal recognizance) release

Bond hearings typically occur within 24-48 hours, and a lawyer near you can advocate for lower bond amounts and better release terms.

Step 2: Emergency Protective Order (EPO)

In many Assault–Family Violence cases, the magistrate will issue an Emergency Protective Order (EPO) — even if the alleged victim doesn’t request one.

An EPO may:

• Bar you from returning to your own home
• Restrict contact with the alleged victim or children
• Prohibit firearm possession

These orders are enforceable immediately and can last 31 to 91 days. A seasoned attorney near you may be able to challenge or modify the order before it becomes permanent.

Step 3: Arraignment in Galveston County Court

Your first formal court appearance will be the arraignment, where:

• Charges are officially read
• You enter a plea (Not Guilty, typically)
• You receive your court schedule

Misdemeanor cases go to Galveston County Criminal Courts at Law, while felony cases proceed to the District Courts, such as the:

• 10th District Court
• 56th District Court
• 122nd District Court
• 212th District Court
• 306th District Court

Each court has its own judge, docket procedures, and pretrial expectations. Your lawyer near you should be familiar with local court dynamics, prosecutors, and strategies specific to Galveston County.

Step 4: Pretrial Hearings and Motions

Your attorney will begin collecting evidence, such as:

• 911 calls (admissible under Tex. R. Evid. 803(2))
• Body cam or surveillance footage
• Medical records
• Witness statements

Your defense may involve filing motions to suppress evidence, challenging the probable cause for arrest, or seeking dismissal based on insufficient proof.

Prosecutors in Galveston County may also offer:

• Pretrial diversion programs
• Deferred adjudication
• Plea agreements to reduce charges

But these options must be negotiated early and carefully by a lawyer near you who knows the local court system.

Step 5: Trial

If your case proceeds to trial, you’ll face either:

• A bench trial (judge only), or
• A jury trial (6-person for misdemeanors, 12-person for felonies)

Trial strategies hinge on:

• Admissibility of statements (Crawford v. Washington)
• Whether the prosecution can prove intent beyond a reasonable doubt
• Credibility of alleged victims and witnesses

A skilled attorney near you will prepare cross-examinations, expert testimony, and case law arguments to weaken the state’s case.

Step 6: Sentencing (If Convicted)

Sentencing depends on classification:

ClassificationPenalty RangeClass CFine up to $500Class AUp to 1 year in jail + $4,000 fine3rd Degree Felony2–10 years prison + $10,000 fine2nd Degree Felony2–20 years prison + $10,000 fine1st Degree Felony5–99 years/life in prison + $10,000 fine

Assault–Family Violence convictions carry additional penalties, including:

• Lifetime firearm bans under federal law
• Custody consequences in family court
• No expunction or sealing eligibility

That’s why your lawyer near you must aim for dismissal or reduction before any final plea or judgment.

Can You Get the Case Dismissed or Expunged?

Yes — many assault cases in Galveston County are dismissed due to:

• Lack of evidence
• Victim recantation
• Unlawful arrest or search
• Self-defense or mutual combat defenses

If dismissed, your attorney near you can help you file for:

• Expunction (complete record removal), or
• Nondisclosure (record sealing) after deferred adjudication

But these post-dismissal remedies must be filed promptly and correctly in the civil courts of Galveston County.

Why You Need a Local Attorney Near You — Immediately

From the moment of arrest, you’re facing a high-stakes legal process. Prosecutors will not “let it go,” and courts will not give leniency because it’s your first offense.

Whether your case starts in JP Court in Texas City, Galveston Municipal Court, or a felony court downtown, Walker Law Office is prepared to fight for your freedom, record, and future.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ for immediate help from an experienced attorney near you.

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