Assault & Family Violence
Criminal Offenses
Houston Assault with Family Violence Charges
In the state of Texas, Assault with Family Violence or Domestic Violence are cases of battery or assault primarily between persons with intimate relationships such as husbands and wives and current or ex-partners. Furthermore, as the Texas Family Codes provides, domestic violence laws also cover cases of violence between parents and children, and those living in the same household such as two roommates or a child who gets into an altercation with another who lives in the same place (dorm room, home, apartment, boarding school, among others).
An Assault with Family Violence conviction carries heavy penalties such as fines, jail time, and the loss of certain rights. Being charged with an assault with family violence is a sensitive matter and may require the expertise of an experienced Houston criminal and personal injury attorney such as Joaquin Jimenez.
Assault with Family Violence Houston Laws
Under Texas law, there is no separate stipulation for Assault with Family Violence. Therefore, the same provisions that define assault applies to domestic violence, which states that Assault is committed by someone when he or she:
Purposely causes bodily injury to another
Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse
Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative
An assault becomes assault with family violence if they are committed toward family and household members. Many relationships—even those that are not by blood or legally-recognized—fall under the designation family and household members such as: current or former spouses, parents of the same child, foster child and parent, relatives by blood, marriage, or adoption, current or former co-residents, current or former dating or romantic partners.
Assault with family violence or domestic assault can be elevated to aggravated domestic assault if it involved the use or brandishing of a deadly weapon (e.g. firearm, large knives, bats, and others) or have caused serious bodily injury such as broken bones, loss of a limb, or any injury that required hospitalization.
Assault with family violence are tricky cases because most of the time it is a matter of he said, she said. If a spouse were to claim multiple instances of verbal or psychological assault in a span of 12 months the charge can be upgraded to a continuous violence against the family, which is a third-degree felony, even if there were no convictions. In such situations, the accused party can really use the services of an experienced lawyer that will advocate and fight for them to ensure that they get a fighting chance.
Houston Assault With Family Violence Penalties
The penalties for Assault with Family Violence depend on the damage sustained by the victim:
Victim suffered no physical pain or lasting harm (Class C misdemeanor) – fine up to $500
Victim suffered a physical injury, or left a physical mark, or a lasting injury (Class A misdemeanor) – up to 1 year in jail, fine of up to $4,000
Victim was choked or strangled or if assailant has prior domestic violence convictions as in Continuous Violence Against the Family (third-degree felony) – 2 to 10 years in prison
Victim suffered serious bodily harm and/or the assault was carried out with a deadly weapon (second-degree felony) - prison sentence from 2 to 20 years, fine up to $10,000
As mentioned above, an Assault with Family Violence conviction, aside from jail time and fines, bars the assailant from:
Owning or possessing firearms
Complications with divorce and child custody proceedings.
Obtaining a Texas hunting or fishing license
Complications with future employment including but not limited to pilots, military personnel, teachers, health care workers, and city/county/state employees
Houston Assault With Family Violence That Will Fight For You
In a case as sensitive as assault with family violence, the services of a competent Houston criminal and personal injury attorney such as Joaquin Jimenez will prove invaluable. While the primary goal is to clear the client’s name or minimize the penalties he or she will incur, the best positive outcome for all parties is to restore the good relationship between family members or at least keep it civil. As a lawyer that prioritizes compassion, Joaquin Jimenez recognizes that his clients’ problems do not just end with a dismissal or an acquittal because they still have their family relationships to repair.
