Emergency? Call Now Facing an assault or robbery charge in Bexar County can feel overwhelming. You worry about your freedom, your family, your job, and your future. In moments like this, clarity and strategy matter. You need to understand what the charges really mean, what defenses may apply, and how a board-certified trial lawyer builds a plan to protect you. With more than 35 years of trial experience, Mario Del Prado has guided clients through high stakes cases in San Antonio and Bexar County, combining meticulous investigation, strategic motion practice, and confident courtroom advocacy.
Assault vs. Robbery in Texas, what is the difference?
Although they sometimes arise from the same incident, assault and robbery are legally distinct under Texas law.
- Assault under Texas Penal Code generally involves causing bodily injury to another, threatening another with imminent bodily injury, or causing physical contact you know or should reasonably believe the other will find provocative or offensive. The level of the charge can range from a Class C misdemeanor to a felony, depending on factors such as injury, use of a weapon, relationship to the complainant, and prior convictions.
- Robbery is a theft that becomes a violent offense because of force or threats. During the course of committing theft, or in immediate flight after the attempt or commission, if a person intentionally, knowingly, or recklessly causes bodily injury, or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death, that is robbery. Robbery is a felony. If a deadly weapon is used or exhibited, or if serious bodily injury occurs, it may be charged as aggravated robbery, which carries even more severe penalties.
Think of it this way, assault is about injury or threat to a person, robbery is about theft coupled with injury or threat. That distinction drives how prosecutors charge a case and how a defense lawyer evaluates defenses, evidence, and risks.
What penalties could you face?
- Assault penalties vary widely. A simple assault with no injury might be a misdemeanor, but family violence allegations, strangulation, or assault on certain protected individuals can elevate the charge to a felony with prison exposure, firearm restrictions, and lifelong consequences.
- Robbery is a second degree felony in most cases, with a potential prison sentence measured in years, not months. Aggravated robbery raises the stakes further, often with first degree felony exposure.
Beyond prison or jail, a conviction can bring fines, restitution, probation conditions, protective orders, immigration consequences, employment barriers, loss of firearm rights, and lasting public records. Early and skilled intervention can change the course of the case.
How can you defend yourself against assault or robbery charges?
The best defense is the one grounded in facts, law, and timing. Common, effective defense approaches include:
- Identity and misidentification. Eyewitness identifications are often flawed. Lighting, stress, distance, cross racial identification issues, and lineup procedures can lead to mistakes. Defense counsel challenges these identifications through investigation and motions.
- Lack of intent. Both assault and robbery require specific mental states. If the facts show accident, mistake, or absence of intent to threaten or injure, that can undermine the prosecution.
- Self defense, defense of others, or defense of property. Texas law recognizes justifications when reasonable force is used to protect yourself or another. A careful reconstruction of events, including timing, proportionality, and whether you reasonably believed force was necessary, can support a justification defense.
- No theft or no nexus to theft. In a robbery case, the State must prove theft occurred or was attempted, along with force or threat during the course of the theft. If there was a dispute with no theft, or force unrelated to theft, the robbery charge may fail.
- Insufficient evidence. Video gaps, inconsistent statements, missing forensic links, and unreliable witnesses can create reasonable doubt. Your lawyer should track every inconsistency and preserve it for motions and trial.
- Constitutional violations. Illegal stops, detentions, or arrests, defective warrants, unlawful searches, improper Miranda warnings, and violations of confrontation rights can result in suppression of evidence, which can reduce the State’s leverage or lead to dismissal.
- Overcharging and lesser included offenses. Even when some conduct is provable, it may not fit the charged offense. Targeted motions, negotiation, and trial strategy can secure dismissals, charge reductions, or acquittals on the most serious counts.
Each defense turns on specific facts, so early attorney involvement matters. The sooner your lawyer can secure evidence, locate witnesses, request body camera footage, and file motions, the stronger your position becomes.
What is involved in a strong criminal defense strategy?
A strong strategy is both proactive and precise. At Del Prado Law Firm, the defense process typically includes:
- Immediate assessment. You receive guidance on your rights, including exercising the right to remain silent and avoiding contact with accusers. We identify urgent steps, such as preserving surveillance video and obtaining medical records.
- Early investigation. We collect defense evidence, interview witnesses, examine 911 calls, body camera, dash camera, and surveillance footage, and analyze timelines. We also evaluate injury claims with medical and forensic experts when needed.
- Discovery and legal analysis. We review the State’s evidence line by line, test the chain of custody, and map each element of the charged offense against the facts. Weak links become targets for suppression or exclusion.
- Strategic motion practice. Motions to suppress evidence, exclude unreliable identifications, limit prejudicial testimony, and enforce constitutional protections can reshape the battlefield before trial.
- Negotiation with leverage. When appropriate, we engage prosecutors with a clear, documented view of the case’s weaknesses. Negotiation is strongest when trial readiness is real, not theoretical.
- Trial readiness. We prepare witnesses, exhibits, and cross examinations. Jurors respond to clarity and credibility, so preparation is everything. When the State cannot meet its burden, we ask for acquittal. When a lesser outcome is in your best interest, we pursue it without sacrificing your rights.
Why board certification and experience matter
Mario Del Prado is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a Board Certified Criminal Trial Specialist by the National Board of Trial Advocacy. He is a former Chief of the Criminal Trial and Major Crimes Divisions at the Bexar County District Attorney’s Office, and he has more than 35 years of criminal trial experience. Board certification signals tested skill, deep knowledge, and ongoing commitment to the highest professional standards. In serious assault or robbery cases, that experience translates into better analysis, sharper motions, and stronger trial advocacy.
Practical steps to protect yourself today
- Do not discuss your case with anyone but your lawyer. Friends, family, and social media are not confidential.
- Do not contact the complainant. Even a well meant message can be used against you or violate court orders.
- Preserve evidence. Save messages, call logs, photos of injuries, and any location data or surveillance that may help reconstruct events.
- Write a timeline for your lawyer. Details fade with time. A contemporaneous timeline helps your defense.
- Get counsel involved quickly. The best time to hire a lawyer was yesterday, the second best time is now
Why choose Del Prado Law for assault or robbery defense in Bexar County
You deserve a defense that is personal, strategic, and relentless. Del Prado Law combines board certified expertise with hands on investigation and motion practice aimed at dismissals, reductions, or acquittals. The firm guides you through the process, explains your options, and manages communications so you do not jeopardize your case.
If you are seeking a trusted advocate in San Antonio or Bexar County, speak with a criminal defense attorney who has tried serious cases and knows the local courts. When it fits naturally in your research, you can learn more about our approach to criminal defense on our website. If robbery is the immediate concern, you may also want to review how a dedicated robbery defense attorney evaluates force, identification, and theft elements in these cases.
Summary, take control of your defense
Assault and robbery charges are serious, but you are not powerless. Understand the legal differences, protect your rights, and move fast to secure a tailored defense. With board certification, decades of trial experience, and a disciplined strategy from investigation through trial, Mario Del Prado and Del Prado Law fight to safeguard your liberty, reputation, and future. Reach out now, before evidence goes stale and positions harden. The decisions you make today can change the outcome of your case.
Tags: assault defense, Bexar County attorney, board certified lawyer, criminal charges, criminal trial, legal strategy, robbery defense, San Antonio lawyer, self defense Texas, Texas law