Can You Get Probation for Assault in Galveston County?

A man and a woman engaged in a serious legal consultation in a professional office setting, symbolizing probation options for assault charges with a lawyer near you in Galveston County.

Can You Get Probation for Assault in Galveston County? (Straight vs. Deferred)

If you’ve been charged with assault in Galveston County, one of the first questions you’re probably asking is: Can I avoid jail time? The good news is that in many cases—especially for first-time offenders—you may be eligible for probation instead of serving time behind bars. But not all probation is the same.

Texas offers two types of probation for assault cases: straight probation and deferred adjudication. Each comes with different terms, consequences, and long-term outcomes. Whether you’re facing a misdemeanor or a felony assault charge, understanding your options in Galveston County courts can help you protect your rights, your record, and your future.

In this guide, we’ll break down:

  • What probation means in Texas assault cases

  • The difference between straight and deferred adjudication

  • How judges and prosecutors in Galveston County approach probation

  • Which charges are eligible

  • Long-term consequences

  • Why hiring a lawyer near you makes all the difference

What Is Probation in Texas?

In Texas, probation is formally called community supervision. It allows a person to avoid incarceration by complying with certain court-imposed conditions for a set period of time.

Probation is supervised by the Community Supervision and Corrections Department (CSCD) in Galveston County. Violating your probation terms can result in revocation and jail or prison time.

There are two kinds of probation:

Straight Probation (Post-Conviction)

This means:

  • You plead guilty or are found guilty

  • The court finds you guilty and imposes a sentence

  • That sentence is suspended, and you’re placed on community supervision instead of going to jail or prison

You will still have a criminal conviction on your record

Deferred Adjudication (Pre-Conviction)

This means:

  • You plead guilty or no contest

  • The judge defers a finding of guilt

  • You’re placed on probation, and if you complete all conditions successfully, the case may be dismissed

Deferred adjudication does not result in a final conviction, which makes it more favorable for future expungement or record sealing (depending on the offense)

Is Probation Available for All Assault Charges?

No. Your eligibility depends on:

  • The severity of the charge (misdemeanor or felony)

  • Your criminal history

  • The presence of aggravating factors (such as family violence, weapons, or serious injury)

  • The judge and prosecutor’s discretion in Galveston County

Here’s how probation typically breaks down in assault cases:

Class C Misdemeanor Assault (e.g., threats, offensive contact)

  • Jail is not an option

  • You may qualify for deferred disposition, similar to probation

  • Usually handled in municipal or JP courts

Class A Misdemeanor Assault (e.g., minor bodily injury)

  • Eligible for both straight probation and deferred adjudication

  • Common conditions include:

    • Anger management classes

    • No-contact orders

    • Community service

    • Drug or alcohol testing

If the charge is labeled as “family violence,” deferred adjudication is still possible, but the consequences are more severe (explained below)

Felony Assault (e.g., aggravated assault, repeat domestic violence)

  • Probation may be possible, but less likely

  • Judges in Galveston County are cautious about granting probation for:

    • Assault with a deadly weapon

    • Assault involving choking or strangulation

    • Repeat offenders

    • Serious bodily injury cases

Deferred adjudication is generally not available for certain felonies involving deadly weapons or repeated family violence

What Conditions Come with Probation in Galveston County?

Probation isn’t easy. Whether it’s straight or deferred, you can expect:

  • Regular meetings with a probation officer

  • Payment of court fees and restitution

  • Community service hours

  • Mandatory counseling (anger management, BIPP for family violence)

  • Drug or alcohol testing

  • No new arrests or violations of the law

  • No contact with the alleged victim in most cases

Failing to meet these conditions can result in a motion to revoke or motion to adjudicate, which could land you in jail or prison.

What Happens If You Successfully Complete Probation?

Straight Probation

  • You’ll still have a permanent conviction on your record

  • You may be eligible for early termination, but not expungement

  • A conviction for assault—especially with a family violence finding—cannot be sealed

Deferred Adjudication

  • If completed successfully, the case may be dismissed

  • You may be eligible to seal your record (unless it involved family violence)

  • You will not have a final conviction, but background checks may still reveal the arrest and probation unless sealed

Be aware: Deferred adjudication for family violence cases cannot be sealed under Texas law

This means even if you complete your probation with no violations, the charge may still appear on background checks for jobs, housing, or licensing

How Do Galveston County Courts View Probation?

Galveston County courts are known for:

  • Strict supervision

  • Limited tolerance for violations

  • Conservative views on family violence and repeat offenders

In first-time misdemeanor cases, especially those without serious injury or weapons, prosecutors may be open to deferred adjudication or even dismissal with conditions

In felony cases, probation is much harder to obtain and usually requires:

  • No prior criminal history

  • A cooperative alleged victim (or one who doesn’t want prosecution)

  • Strong legal advocacy from your attorney

  • Plea negotiations that avoid trial

Judges in Galveston often require more than just “good behavior” to approve probation—especially for charges involving family members or children

Why Family Violence Matters

Probation for assault involving family violence carries additional consequences:

  • The judge may require a Batterer’s Intervention and Prevention Program (BIPP)

  • A family violence finding on your record will:

    • Disqualify you from owning or possessing a firearm

    • Stay on your record forever

    • Block you from record sealing—even if deferred adjudication was granted

Even if the alleged victim wants to drop the charges, the District Attorney can and often will proceed without their cooperation

See related: Assault in Family Violence Cases in Galveston County (Include repeat offender felony escalation)

Why You Need a Criminal Defense Attorney Near You

Probation is not guaranteed. It’s not automatic. And in Galveston County, judges and prosecutors will take a hard look at your background, the facts of your case, and your attitude in court before making any decision

That’s where we come in.

At the Law Office of JL Carpenter, we’ve helped clients across Galveston County get probation or avoid convictions altogether—through dismissal, pretrial diversion, or deferred adjudication. JL is a former felony prosecutor, so she knows how to negotiate with the DA’s office and advocate in front of tough judges

Whether you’re hoping to avoid jail or protect your record, don’t wait

Call (713) 201-6767 or visit https://www.jlcarpenterlaw.com/contact/ to schedule a private consultation with a trusted lawyer near you