Assault Family Violence Felony Charges in Corpus Christi: Defending Against Life-Altering Felony Allegations
A family violence charge is serious. A felony family violence charge is life-altering. When a domestic dispute escalates to the point of felony charges, you are facing years in prison, the permanent loss of your firearm rights, the presumption against custody of your children, and a felony record that will follow you for the rest of your life. Whether the alleged victim was a spouse, a partner, a parent, or another family member, the consequences of a felony family violence conviction extend far beyond the courtroom. When your freedom, your family, and your future are on the line, you need a defense attorney who understands the gravity of the accusation and will fight to protect everything you hold dear.
At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Bend who are facing felony assault family violence charges. Whether you are charged with aggravated assault, continuous family violence, assault with a deadly weapon, or assault causing serious bodily injury, we provide the aggressive, knowledgeable representation you need to protect your rights. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.
Understanding Assault Family Violence in Texas
Family violence is not a separate crime, but a designation applied to certain assault offenses when they occur between family members, household members, or persons in a dating relationship. Under Texas law, family violence includes:
- Assault causing bodily injury: Intentionally, knowingly, or recklessly causing bodily injury to a family member
- Assault by threat: Intentionally or knowingly threatening a family member with imminent bodily injury
- Assault by offensive contact: Intentionally or knowingly causing offensive physical contact with a family member
When these offenses occur in a family violence context, they carry enhanced penalties and additional consequences beyond the criminal sentence.
Felony Assault Family Violence Offenses
Several family violence offenses are classified as felonies under Texas law:
Aggravated Assault Family Violence
Aggravated assault occurs when a person commits assault and either:
- Causes serious bodily injury to another, or
- Uses or exhibits a deadly weapon during the commission of the assault
Aggravated assault family violence is a second-degree felony, punishable by two to twenty years in prison and a fine of up to $10,000.
Continuous Violence Against the Family
Continuous violence against the family occurs when a person commits two or more acts of family violence within a 12-month period. This offense is a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000. If the victim was pregnant or elderly, the offense may be enhanced to a second-degree felony.
Assault Family Violence with Prior Convictions
A third-degree felony occurs when a person commits assault family violence and has a prior conviction for family violence. This is a third-degree felony, punishable by two to ten years in prison. If the person has two or more prior family violence convictions, the offense may be enhanced further.
Assault Family Violence Causing Serious Bodily Injury
Assault family violence that causes serious bodily injury is a third-degree felony (or second-degree if aggravated). Serious bodily injury includes injuries that create a substantial risk of death or cause permanent disfigurement or loss of function.
Assault Family Violence with a Deadly Weapon
Assault family violence involving the use or exhibition of a deadly weapon is a third-degree felony that can be enhanced to a second-degree felony under certain circumstances.
The Consequences of a Felony Family Violence Conviction
A felony family violence conviction carries consequences that extend far beyond the criminal sentence:
Criminal Penalties
- Prison time: Two to twenty years in the Texas Department of Criminal Justice
- Fine: Up to $10,000
- Probation: In some cases, community supervision may be available, but often with strict conditions including batterer intervention programs
Loss of Firearm Rights
Under federal law (the Lautenberg Amendment), any person convicted of a misdemeanor or felony family violence offense loses the right to possess firearms for life. This applies regardless of whether the offense involved a weapon. There is no restoration of firearm rights for family violence convictions.
Child Custody Implications
A finding of family violence creates a rebuttable presumption that the abusive parent should not have custody or unsupervised visitation with their children. This presumption can be overcome with evidence of rehabilitation, but it significantly shifts the burden in any custody proceeding.
Protective Orders
A family violence conviction almost always results in a protective order, which can:
- Prohibit contact with the alleged victim
- Require you to move out of your home
- Limit your contact with your children
- Restrict your possession of firearms
Immigration Consequences
For non-citizens, a family violence conviction is considered a crime of violence and a crime involving moral turpitude. It can result in deportation, denial of citizenship, and inadmissibility to the United States.
Professional Licensing
Many professional licensing boards take family violence convictions seriously. A felony conviction can result in denial, suspension, or revocation of professional licenses in fields such as:
- Healthcare (physicians, nurses)
- Law (attorneys)
- Education (teachers, administrators)
- Real estate
- Law enforcement
Employment
A felony family violence conviction can affect employment opportunities in virtually every field. Many employers conduct background checks and will not hire individuals with violent felony convictions.
Military Consequences
For service members, a felony family violence conviction results in separation from military service, loss of security clearance, and forfeiture of benefits.
How Felony Family Violence Charges Arise
Felony family violence charges can arise from various circumstances:
Domestic Disputes That Escalate
What begins as a verbal argument can escalate. In the heat of the moment, physical contact occurs. Depending on the extent of any injury or whether a weapon was involved, the charge may be elevated to a felony.
Disputes Involving Injuries
If the alleged victim seeks medical treatment, the severity of any injury can determine the level of charge. Even a single punch can result in serious bodily injury if the victim falls and strikes their head.
Allegations of Weapon Use
An allegation that you used or exhibited a deadly weapon—even a knife, baseball bat, or any object used in a threatening manner—can result in aggravated assault charges.
Multiple Incidents
If you have had prior family violence incidents, even if they were not charged or resulted in dismissals, the state may bring continuous violence charges.
False Allegations
Unfortunately, false allegations of family violence are not uncommon, particularly in the context of:
- Divorce proceedings
- Child custody disputes
- Protective order applications
- Anger or revenge after a breakup
Defending Against Felony Family Violence Charges
A strong defense can mean the difference between a felony conviction and an acquittal. Common defense strategies include:
Challenging the Allegations
Your attorney may challenge:
- Whether the alleged assault occurred at all
- Whether the alleged contact meets the legal definition of assault
- Whether the alleged victim’s injuries are consistent with their account
- Whether the alleged victim’s account is credible
Self-Defense
If you acted in self-defense, you may not be guilty. Self-defense requires that:
- You reasonably believed you were in imminent danger of bodily injury
- You used only the amount of force necessary to protect yourself
- You did not provoke the confrontation
Defense of Others
Similarly, you may have the right to defend another person who was in danger, including a child or other family member.
Lack of Intent
Assault requires intentional, knowing, or reckless conduct. If the contact was accidental, you may not be guilty.
False Allegations
If the allegations are false, your attorney can investigate and present evidence of:
- Inconsistencies in the alleged victim’s statements
- Motives to lie (divorce, custody disputes, protective orders)
- Witness testimony contradicting their account
- Evidence of prior false allegations
- Text messages, emails, or social media posts showing the alleged victim’s state of mind
Challenging the Severity of Injury
For charges involving serious bodily injury, your attorney may challenge:
- Whether the injuries meet the legal definition of serious bodily injury
- Whether the injuries were caused by something other than the alleged assault (e.g., a fall, pre-existing condition)
- Whether the medical evidence supports the state’s allegations
Challenging the Weapon Allegation
For aggravated assault charges, your attorney may challenge:
- Whether the object was actually a deadly weapon
- Whether you used or exhibited the weapon in a threatening manner
- Whether the alleged victim reasonably feared serious bodily injury
The Family Violence Designation
One of the most significant aspects of any family violence case is the designation itself. Even if you receive probation, the family violence designation carries lasting consequences:
- Lifetime firearm prohibition: You can never possess firearms again
- Custody presumption: You face a presumption against custody or unsupervised visitation
- Enhanced future penalties: Any future family violence offense will be enhanced
- Public record: The family violence designation appears on your record
Your defense should aim not only to avoid conviction but also to avoid a family violence finding if possible.
Protective Orders and Bond Conditions
When you are charged with felony family violence, the court will impose strict bond conditions, including:
- No contact with the alleged victim: This includes in-person, phone, text, email, and social media contact
- Surrender of firearms: You must turn over any firearms you possess
- GPS monitoring: You may be required to wear a GPS ankle monitor
- No alcohol or drugs: You may be required to submit to testing
- No contact with the family home: You may be ordered to stay away from the residence
Violation of these conditions can result in revocation of bond and additional time in jail.
The Felony Family Violence Case Process
Understanding the process can help you navigate your case:
Step 1: Arrest
If law enforcement responds and believes family violence occurred, they will make an arrest. In felony cases, this often means being taken to the Nueces County Jail.
Step 2: Filing of Charges
The district attorney reviews the case and decides whether to file formal charges. Felony charges require presentation to a grand jury, which determines whether there is probable cause to proceed.
Step 3: Arraignment
At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). The court sets bond conditions.
Step 4: Protective Order Hearing
A protective order hearing may be held separately from the criminal case. At the hearing, the alleged victim seeks a protective order that can last up to two years.
Step 5: Discovery
Your attorney obtains discovery from the prosecutor, including:
- Police reports
- Witness statements
- 911 call recordings
- Medical records
- Body camera footage
- Photographs
- Evidence of prior incidents
Step 6: Negotiation
Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:
- Dismissal of charges
- Reduction to a misdemeanor offense
- Deferred adjudication
- Pretrial diversion
Step 7: Trial
If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove each element of the offense beyond a reasonable doubt.
Frequently Asked Questions About Felony Assault Family Violence
What is the difference between misdemeanor and felony family violence?
Misdemeanor family violence is typically a Class A misdemeanor. Felony family violence includes aggravated assault, continuous violence, assault with a deadly weapon, and assault causing serious bodily injury. Felonies carry prison time and lifelong firearm restrictions.
Can I lose my guns for a felony family violence conviction?
Yes. Under federal law, any person convicted of a family violence offense—misdemeanor or felony—loses the right to possess firearms for life. There is no restoration of rights for family violence convictions.
How does a felony family violence conviction affect child custody?
A finding of family violence creates a rebuttable presumption that the abusive parent should not have custody or unsupervised visitation. This presumption can be overcome with evidence of rehabilitation, but it is a significant hurdle.
Can I get probation for a felony family violence charge?
In some cases, yes. Deferred adjudication or probation may be available, particularly for first-time offenders and when the circumstances are mitigating. However, probation conditions are often strict and include batterer intervention programs.
What is continuous violence against the family?
Continuous violence against the family occurs when a person commits two or more acts of family violence within a 12-month period. It is a third-degree felony.
What is aggravated assault family violence?
Aggravated assault family violence occurs when a person causes serious bodily injury or uses or exhibits a deadly weapon during a family violence assault. It is a second-degree felony.
What should I do if I am falsely accused of felony family violence?
Do not speak to law enforcement without an attorney. Gather any evidence you have, including text messages, emails, and witness information. Contact an experienced criminal defense attorney immediately.
Can a family violence charge be dismissed if the alleged victim does not want to prosecute?
The alleged victim does not decide whether charges are filed. The district attorney makes that decision. However, if the alleged victim is uncooperative, the prosecutor may have difficulty proving the case.
How long does a felony family violence case take?
Felony cases take longer than misdemeanors. They often take several months to a year or more, depending on the complexity of the case and the court’s docket.
Do I need an attorney for a felony family violence charge?
Yes. Felony family violence charges can result in years in prison, loss of firearm rights, and permanent damage to your reputation. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.
Why Barton & Associates Is the Right Choice for Your Defense
Felony family violence charges are among the most serious criminal offenses in Texas. A conviction can result in years in prison, the permanent loss of your firearm rights, and a lifetime of consequences for your family, your career, and your freedom. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against these charges in the Nueces County criminal courts.
Our attorneys understand the legal standards, the medical evidence, and the strategies for challenging allegations of family violence. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.
We also understand that these cases often arise in the context of complex family dynamics. Our attorneys approach these cases with professionalism and compassion, helping our clients navigate the legal system while protecting their rights and their future.
Protect Your Freedom and Your Future Today
If you are charged with felony assault family violence, your freedom, your family, and your future are on the line. A conviction can result in years in prison, loss of your firearm rights, and a permanent felony record that affects your ability to work, own a home, and be with your children. Do not wait. The decisions you make now will determine the outcome of your case.
Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.
Reach out today—let us help you defend against felony assault family violence charges and protect your future.
Main Category: Criminal Defense Corpus Christi
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780
