Charged with Assault on a Family Member in Texas? Here’s What Could Happen Next
What Constitutes Assault on a Family Member in Texas?
In Texas, assault against a family member—often referred to as "domestic assault"—occurs when an individual intentionally, knowingly, or recklessly:
Causes bodily injury to a family or household member.
Threatens a family or household member with imminent bodily injury.
Engages in physical contact with a family or household member that is offensive or provocative.
"Family or household members" include individuals related by blood or marriage, former spouses, parents of the same child, foster children and parents, and individuals currently or previously residing in the same household.
Potential Penalties for Assault Family Member Charges
The penalties for assaulting a family member in Texas vary based on the severity of the incident and any prior convictions:
Class A Misdemeanor: Up to 1 year in jail and/or a fine up to $4,000. Typically applies to first-time offenses involving bodily injury.
Third-Degree Felony: 2 to 10 years in prison and a fine up to $10,000. This can apply if the accused has prior convictions or if the assault involved choking or suffocation.
Second-Degree Felony: 2 to 20 years in prison and a fine up to $10,000. This level may be charged in cases involving aggravated assault, such as causing serious bodily injury or using a deadly weapon.
Beyond legal penalties, a conviction can lead to restraining orders, loss of custodial rights, and a permanent criminal record, which may affect employment opportunities and firearm ownership rights.
Defense Strategies
Mounting a strong defense is essential. Common defense strategies include:
Self-Defense: Demonstrating that actions were taken to protect oneself from imminent harm.
Defense of Others: Showing that force was used to protect another person from harm.
Lack of Intent: Arguing that the alleged assault was accidental and lacked intent.
False Accusations: Providing evidence that the allegations are unfounded or motivated by ulterior motives.
Each case is unique, and a tailored defense strategy is crucial.
Take Immediate Action
If you're facing an Assault Family Member charge in Texas, it's imperative to act swiftly:
Call The Wade Law Group, PLLC immediately after arrest: Legal representation can significantly impact the outcome of your case.
Avoid Contact with the Accuser: Adhering to any protective orders is essential to avoid further legal complications.
Document Everything: Keep detailed records of events, communications, and any evidence related to the case.
Follow Legal Advice: Following the legal guidance we give you is crucial in navigating the legal process effectively.
We're Here to Help
At The Wade Law Group, PLLC, we understand the gravity of Assault Family Member charges and the impact they can have on your life. Our experienced legal team is dedicated to providing a robust defense tailored to your unique situation.
Contact us today for a confidential consultation:
Phone: (832) 225-8194
Or book a Free Consultation today
Don't let an Assault Family Member charge define your future. Reach out now, and let us advocate for your rights and work towards the best possible outcome.
