In Texas, assault family violence refers to actions that intentionally or recklessly cause injury or threaten injury to someone classified as a “family member.” Assault is broadly defined in the Texas Penal Code Section 22.01 as:
- Intentionally, knowingly, or recklessly causing bodily injury to another person
- Threatening imminent bodily injury
- Making physical contact that is offensive or provocative.
Family violence occurs when a family or household member acts with the intent to cause:
- Physical harm
- Bodily injury
- Assault
- Sexual assault
- A threat that instills fear of imminent physical harm.
Family or household members include blood relatives, as well as relationships through marriage or non-blood connections, such as a spouse. Dating relationships, even casual ones, fall under the purview of “family” and “household members”.
The consequences for this offense are greater than a standard assault charge. A finding of family violence can affect firearm rights, career prospects, and negatively impact divorce or child custody proceedings.
Felony vs. Misdemeanor Charges
In Texas, family violence offenses are classified as either misdemeanors or felonies, depending on the incident’s circumstances.
Misdemeanor Family Violence Offenses
Family violence is a misdemeanor when the incident causes pain or injury that is not considered serious. This only applies to first-time offenders, as anyone with a prior conviction will always be charged with a felony. A misdemeanor conviction can lead to up to a year in jail.
- Class A Misdemeanor: Involves acts causing physical injury, punishable by up to one year in jail and fines up to $4,000.
- Class B Misdemeanor: Covers non-assaultive acts like threats, with penalties of up to 180 days in jail and fines up to $2,000.
Felony Family Violence Offenses
Felony family violence offenses can result in longer incarceration periods, greater financial penalties, and mandatory participation in counseling or rehabilitation programs as part of the sentencing.
- Third-Degree Felony: Charged if the accused has a prior family violence conviction, resulting in 2 to 10 years in prison and fines up to $10,000.
- Second-Degree Felony: Applied in cases with aggravating factors, such as severe injury or a deadly weapon, leading to 2 to 20 years in prison and fines up to $10,000.
Repeat Family Violence Offenses: About the “Three Strikes Law”
In Texas, the “Three Strikes Law” imposes severe penalties on repeat offenders of family violence. Individuals convicted of three or more offenses may face imprisonment for 25 years to life, depending on the offense’s nature and classification. Subsequent offenses after prior family violence convictions result in harsher penalties, including longer prison sentences and higher fines. A second offense can be charged as a third-degree felony, carrying significant legal consequences.
Reach Out to Barton & Associates, Attorneys At Law, PLLC Immediately
Being arrested on these charges can feel hopeless, but the reality is that a favorable outcome may be possible. From a negotiated plea to the dismissal of all charges, our team will work tirelessly to help you pursue the best possible result.
Do not put yourself at risk by acting as your own attorney. Let Baron & Associates review the facts surrounding your arrest and advise you of your legal options. We are prepared to aggressively advocate on your behalf. Contact us as soon as possible for a private consultation to discuss your case.
