Facing a family assault charge in Texas is a stressful and overwhelming experience – something you may have believed could happen to you. You might not have known that even a minor incident, such as a verbal threat or a push, can lead to serious legal consequences. In Texas, you can be charged with domestic assault even if there is no physical contact, as long as the prosecution can prove that you caused fear of harm or made offensive contact.
The prosecution can also pursue charges even if the alleged victim does not want them to, which adds complexity to the situation. And assault on a family member in Texas is punished severely. Given the potential consequences, it is crucial to act quickly. Contacting us at M|C Criminal Law today will allow us to begin crafting a strong defense tailored to your case, ensuring your rights are protected and your future is safeguarded.
For the prosecution to prove that an assault on a family member in Texas took place, they must prove both elements of the crime, i.e., that an assault took place and that it happened between family members. Under Texas law, assault is broadly defined and doesn’t necessarily require physical contact or injury.
Instead, an assault can include any act that causes the victim to fear imminent harm or involves offensive or provocative contact. Assault can occur through, but is not limited to, the following actions:
These actions satisfy the basic elements of an assault, even if there are no visible injuries or lasting effects. In addition to proving that an assault took place, the prosecution must demonstrate that the victim and the accused have a familial relationship, as defined by Texas law.
According to the Texas Government Code, Chapter 573, Sections 573.022 and 573.024, a family member includes:
In many cases, proving the relationship is as important as proving the assault itself. These nuances of Texas family violence laws can be key for defending against family assault charges in Texas.
When a person is charged with family assault in Texas, it is often classified as a Class C or Class A misdemeanor. A Class C misdemeanor typically involves no physical contact or minimal contact that does not cause significant injury. A class C misdemeanor is punished by a fine of up to $500.
However, the specific punishment depends on the details of the incident and any prior criminal history. If you are convicted of Class A misdemeanor family assault, which involves causing bodily injury, the potential penalties include up to one year in jail and/or a fine of up to $4,000.
The convicted person may also be assigned probation, which could involve requirements like counseling, anger management, and community service. Additionally, a family assault conviction creates a criminal record that could impact your employment, housing options, and lead to the loss of gun rights.
On top of that, any convictions could affect ongoing or future proceedings in family court. Thus, even though assault on a family member in Texas is most often classified as ‘just’ a misdemeanor, the consequences of a conviction are very severe. However, it does not stop there as the family assault charges in Texas can be enhanced under certain circumstances.
A family assault charge in Texas can be enhanced to aggravated domestic assault or continuous violence against the family when certain conditions are met. Under Texas law, aggravated domestic assault is typically charged when serious bodily injury is caused to the victim or a deadly weapon is used during the assault to inflict or threaten harm.
Examples of deadly weapons may include firearms, knives, or blunt objects, and in some cases, even items like a car or rope could be considered deadly weapons depending on how they are used. When the assault meets these criteria, it is charged as aggravated domestic assault, which is a felony.
Another enhancement involves continuous violence against the family, which applies to individuals who have been arrested for two or more incidents of domestic assault. The law allows this charge to be brought even if prior arrests did not result in a conviction. Continuous violence against the family is also classified as a felony.
This charge can have particularly severe consequences, as it reflects a pattern of behavior rather than a single isolated incident. It also includes not just assaults against one family member, but multiple incidents over time, which can significantly increase the length of the prison sentence.
If you are facing family assault charges in Texas, contact M|C Criminal Law today. We have experienced attorneys who will work diligently to gather evidence and build a case that maximizes your chances for a successful defense. There are many valid defenses that we may use, depending on the unique circumstances of your case, including:
Additionally, if you contact us in time, we may be able to intervene early, preventing the prosecutor from filing charges or negotiating a more favorable outcome with the court. The domestic violence defense attorneys at M|C Criminal Law will guide you through the Texas criminal justice system, protect your rights, and work towards securing the best possible outcome. Let us help you protect your future and your criminal record.
