If you have been accused of assault family violence in Texas, understanding the charge and its potential consequences is important. A family violence allegation can lead to criminal charges, protective orders, probation, jail or prison exposure, and complications involving divorce or child custody.
In Texas, “assault family violence” is commonly used to describe an assault offense involving a person who falls within the state’s legal definition of a family or household member. The underlying assault offense is generally addressed under Texas Penal Code §22.01, while the definition of family violence comes from Texas Family Code §71.004.
For someone facing an allegation in Houston or elsewhere in Texas, the specific facts of the case can significantly affect the charge, potential penalties, and available defense strategies.
What Is Assault Family Violence in Texas?
Texas law defines family violence to include certain acts by one family or household member against another that are intended to result in physical harm, bodily injury, assault, or sexual assault. Certain threats that reasonably place a family or household member in fear of imminent physical harm, bodily injury, assault, or sexual assault can also fall within the definition. The statute also addresses certain forms of child abuse and dating violence.
An assault charge under Texas Penal Code §22.01 can involve more than physically injuring someone. The statute covers intentionally, knowingly, or recklessly causing bodily injury; intentionally or knowingly threatening another person with imminent bodily injury; or intentionally or knowingly causing physical contact that the person knows or reasonably should know would be regarded as offensive or provocative.
This means that an allegation does not necessarily have to involve significant visible injuries to result in an assault charge.
Who Can Be Considered a Family or Household Member?
Texas family-violence law can apply to more relationships than spouses. Depending on the circumstances, the relevant relationship may include family members, household members, or people involved in certain dating relationships.
The legal definitions are important because the relationship between the accused person and the alleged victim can affect how the offense is classified and whether enhanced penalties may apply.
For example, Texas law specifically incorporates relationships described in the Family Code when determining certain enhanced assault offenses.
Is Assault Family Violence a Misdemeanor or Felony?
The classification depends on the specific allegations and the defendant’s history.
Under Texas Penal Code §22.01, assault involving bodily injury is generally a Class A misdemeanor unless circumstances specified by the statute increase the offense to a felony.
One important enhancement involves a defendant who has previously been convicted of certain offenses involving a person whose relationship to the defendant falls within the applicable family, household, or dating-violence provisions. In qualifying circumstances, a subsequent assault involving bodily injury can be elevated to a third-degree felony.
Therefore, a prior family-violence conviction can make a major difference in the potential consequences of a new allegation.
What Are the Penalties for Assault Family Violence in Texas?
Potential penalties depend on the offense classification and the circumstances of the case.
A Class A misdemeanor can carry significant criminal consequences, while a felony conviction can expose a person to substantially greater penalties and long-term consequences.
The offense can become more serious when allegations involve prior family-violence convictions, serious bodily injury, strangulation or other circumstances covered by Texas law. Aggravated assault under Texas Penal Code §22.02 applies when an assault results in serious bodily injury or involves the use or exhibition of a deadly weapon.
Beyond incarceration and fines, a conviction may affect employment, professional opportunities, family relationships, and other areas of a person’s life.
What Happens After an Assault Family Violence Arrest?
If police respond to a domestic dispute, officers may investigate the allegations, interview the people involved, document injuries or property damage, and collect other potential evidence.
In Houston and Harris County, domestic-violence cases are handled by specially trained prosecutors and support personnel within the Harris County District Attorney’s Office. The office also handles protective-order matters involving domestic violence.
The criminal case is prosecuted by the State, meaning the alleged victim does not simply have the ability to personally “drop” the criminal charge. The prosecution may consider the victim’s position, but other evidence can also be used to pursue a case.
What Evidence Can Be Used in an Assault Family Violence Case?
Evidence can vary significantly from one case to another. Depending on the allegations, prosecutors may consider:
- Police reports and officer observations
- Statements from the alleged victim
- Witness statements
- Photographs of alleged injuries or property damage
- Medical records
- 911 calls
- Text messages and other electronic communications
- Audio or video recordings
- Statements allegedly made by the accused
- Other physical or digital evidence
A defense attorney can review the evidence to determine whether the prosecution’s allegations are supported and whether important evidence can be challenged.
Can Assault Family Violence Charges Be Dismissed?
In some circumstances, an assault family violence case may be dismissed, but there is no automatic right to dismissal.
The outcome can depend on the strength of the evidence, inconsistencies in statements, witness availability, investigative issues, the defendant’s criminal history, the nature of the alleged conduct, and the prosecution’s assessment of the case.
A victim’s decision not to cooperate does not automatically end a criminal prosecution. The State may have other evidence that allows it to continue pursuing the case.
Depending on eligibility and the circumstances, some defendants may also have opportunities for diversion or another negotiated resolution. The appropriate option must be evaluated on an individual basis.
What Are Possible Defenses to Assault Family Violence?
There is no single defense that applies to every case. An experienced Texas criminal defense attorney may examine whether the evidence supports defenses or challenges such as:
Self-Defense
Texas law recognizes circumstances in which a person may use legally justified force to protect themselves or another person. Whether self-defense applies depends on the specific facts and circumstances.
Lack of Sufficient Evidence
The prosecution must prove the charged offense beyond a reasonable doubt. If the evidence does not establish the required elements of the offense, the defense may challenge the case.
Conflicting Statements
Differences between statements made during the initial incident, police investigation, and later proceedings may be relevant to the defense. The significance of any inconsistency depends on the complete evidence.
Challenging the Investigation
An attorney can examine how evidence was collected, whether statements were obtained lawfully, and whether there are other legal issues affecting the prosecution’s case.
Mistaken or Inaccurate Allegations
Domestic disputes can be complicated, and the circumstances surrounding an allegation may be disputed. A defense attorney can review available evidence and develop a strategy based on the actual facts rather than assumptions.
How Can an Assault Family Violence Lawyer Help?
An assault family violence accusation can move quickly, making early legal advice important. A Houston criminal defense lawyer can review the allegations, explain the potential consequences, examine the evidence, and help determine whether dismissal, diversion, negotiation, or trial should be considered.
You should also take any bond conditions, protective orders, and no-contact requirements seriously. Violating applicable court orders can create additional legal problems.
If you are accused of assault family violence, avoid discussing the case publicly or making statements about the allegations without first speaking with your attorney.
Talk to a Houston Assault Family Violence Defense Lawyer
An assault family violence charge in Texas can have consequences that extend beyond the immediate criminal case. A conviction may affect your freedom, finances, family relationships, employment, and future legal matters.
If you are facing an assault family violence allegation in Houston, it is important to understand exactly what you have been charged with and what legal options may be available.
Daniel Ogbeide Law provides legal representation for individuals dealing with family-law and domestic-violence-related legal matters in Texas. Contact the firm to discuss the specific facts of your case and learn about your available options.
Frequently Asked Questions About Assault Family Violence in Texas
Is assault family violence a felony in Texas?
It can be. A first qualifying assault involving bodily injury may generally be a Class A misdemeanor, but certain circumstances including qualifying prior family-violence convictions—can elevate the offense to a felony.
Can assault family violence charges be dropped by the victim?
The alleged victim generally cannot personally dismiss a criminal case. The prosecutor decides whether the State will continue the prosecution. A victim’s wishes may be considered, but they do not automatically end the case.
Can you be charged with assault family violence without visible injuries?
Yes. Texas assault law does not require every assault allegation to involve visible physical injuries. The statute also covers certain threats and offensive or provocative physical contact.
Does a prior family violence conviction make a new charge more serious?
It can. Texas law provides enhanced punishment for certain subsequent assault offenses involving qualifying family, household, or dating relationships and prior convictions.
Should I hire an attorney for an assault family violence charge?
Because the potential consequences can be serious, speaking with a qualified Texas criminal defense attorney as early as possible can help you understand the charge, evidence, potential defenses, and available resolution options.
