What are the penalties for domestic assault and family violence in Texas? Hire a lawyer with a strong defense strategy.
Being charged with assault can seriously impact your life. Aside from the possibility of going to jail, a misdemeanor or felony assault conviction can affect your professional license, livelihood, immigration status and relationships.
Given the number of recent high-profile domestic violence cases, prosecutors are aggressive in these cases and do not dismiss them unless a defense attorney convinces them the case cannot be proven. Even if the complainant does not want to pursue charges, the prosecution will still proceed.
The prosecution will not dismiss charges just because the complainant does not want to go forward.
Facing domestic assault or family violence charges in Texas? Don’t risk your future.
Understand the serious penalties you could face and take the first step towards protecting your rights. Contact Houston criminal defense attorney Neal Davis today. With extensive experience defending clients in Houston, The Woodlands, Sugar Land, and throughout Southeast Texas, Neal Davis is ready to fight for you.
What is “assault” in Texas?
A domestic violence charge is often determined by what constitutes or amounts to an assault in Texas.
According to the Texas Penal Code (Title 5, Chapter 22), an assault occurs when a person:
- Intentionally, knowingly or recklessly causes bodily injury to another person, including the person’s spouse
- Intentionally or knowingly threatens another person 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
It is also illegal to engage in offensive or provocative contact, which occurs when an action doesn’t cause physical pain or injury but does upset the victim and makes them feel violated or insecure.
What is domestic assault or family violence?
As for what is domestic assault or family violence, it is a distinct form of assault (also known as domestic violence). Such violence can mean many things.
A domestic assault offense may involve an assault against a spouse, a member of a family by blood, marriage or adoption, a member of a household who lives in the same place as the defendant (such as a nanny or a roommate), or a former or current dating partner.
In Texas, domestic violence laws can apply to persons related by “affinity,” which includes foster parents and foster children. Texas domestic assault laws can also apply when the alleged victim was a former spouse, a child of a spouse or former spouse, or a person with whom the defendant had offspring.
In addition, domestic assaults can include criminal threats, unlawful confinement and kidnapping when such things occur at home, as well as emotional abuse, which can be due to threats.
As for physical acts, domestic violence may mean hitting, punching or kicking a person or attacking with a weapon.
Domestic violence also constitutes spousal rape or child abuse.
What are the types of domestic violence?
Texas law classifies three kinds of domestic violence.
- Domestic assault involves intentionally, knowingly, or recklessly causing bodily injury to a family or household member or threatening them with imminent bodily harm.
- Aggravated domestic assault is a serious crime in Texas, classified as a first-degree felony. It occurs when domestic or family violence results in serious bodily injury or involves the use or threat of a weapon, even if the weapon is only brandished. Punishment for this offense can range from 5 to 99 years in prison and a fine up to $10,000.
- Continuous violence against the family occurs when a defendant commits 2 domestic assaults in 12 months. The assaults need not have been against the same victim, and they may not have resulted in an arrest or a conviction. The fact that two such domestic assaults occurred in the same 12 months is what makes this a crime of continuous violence against the family, which is a third-degree felony. Punishment is 2 to 10 years in prison and a fine up to $10,000.
What are the penalties for family violence and domestic assault?
As for other penalties for family violence and domestic assault in Texas, it depends on the circumstances or nature of the crime.
Such circumstances may include the victim’s relationship to the defendant, whether strangulation or suffocation was involved in the assault (which is a felony) and whether the defendant had past convictions for domestic violence (also a felony), even if those led to deferred adjudication or probation.
If a family violence first-time offender is found to have knowingly, intentionally or recklessly caused bodily injury to another person, including a spouse, that is a Class A misdemeanor for which punishment in Texas includes a fine of up to $4,000 and county jail time of up to 1 year.
Certain circumstances can elevate a family violence charge to a felony of the third degree, a far more serious crime, when the defendant was in a dating relationship with the victim.
A dating relationship is established by such circumstances as the length and nature of the romantic or intimate relationship, including the frequency and types of interaction between the individuals.
A domestic assault charge may also be upgraded to a third-degree felony if the defendant had 1 or more previous convictions for domestic assault. Penalties for a third-degree felony in Texas include prison time of 2 to 10 years and a fine of up to $10,000.
Those convicted of domestic assault or family violence in Texas will also have a permanent criminal record, which can impact their future educational or employment opportunities.
Individuals who are convicted might have to take violence counseling or perform community service. In addition, they may be required to cease contact with a spouse, a child or others in a close relationship, and they may lose their right to bear arms.
Clearly, the penalties for domestic assault and family violence in Texas can be quite severe. That makes it especially important for defendants to engage a knowledgeable assault and domestic violence defense lawyer to protect their legal rights.
Domestic assault alternatives to jail or prison
In certain cases, Texas also has alternatives to jail or prison for domestic assault. Chief among them are deferred adjudication and community supervision, which is also known as probation.
Deferred adjudication
One alternative that’s often offered to first-time offenders is “deferred adjudication.” This may be granted when the defendant pleads guilty and the court postpones sentencing for a period of time.
During that time the defendant must comply with probation orders, must have no new arrests and must complete such requirements as finishing domestic violence offender treatment, doing volunteer work in the community or paying restitution.
Restitution involves paying a victim for any costs caused by the crime, such as medical or counseling expenses or the costs to repair or replace property which was damaged in the crime.
When those things are done successfully, the court can dismiss the case and discharge the defendant. However, the arrest, the deferred adjudication and the dismissal will remain on the defendant’s criminal record.
Failure to do these things means the court can enter a conviction and impose a sentence from among those noted above.
Deferred adjudication is not available as a sentencing alternative when the crime is aggravated domestic assault, which can be a first- or second-degree felony, or continuous violence against the family, which is a third-degree felony.
Community supervision or probation
Another alternative to jail or prison when it comes to the crime of domestic assault is community supervision, or probation.
When a defendant pleads guilty or is convicted, the court can grant community supervision instead of imposing a jail or prison sentence. This can be for up to 2 years for a misdemeanor and up to 10 years for a felony.
The court may require a defendant to serve some jail or prison time before starting community supervision. Usually, that is 180 days for a felony and 30 days for a misdemeanor. Then, the community supervision or probation period begins.
If the defendant fails to comply with the community supervision conditions imposed by the court, he or she must return to jail or prison to complete the sentence.
Such conditions may include paying probation costs, meeting with a probation officer and complying with rules such as curfews, treatments, drug tests, maintaining employment and avoiding any more criminal activity or arrests.
Keep in mind that if you are convicted of domestic assault or if you fail to comply with a protective order, you will face not only jail time but also a criminal record. That can make it difficult for you to prevail in a battle for divorce or child custody.
You cannot own or possess firearms, and your current or future employment can be hindered, especially if you are a teacher, pilot, healthcare worker, city, county or state employee, or if you serve in the military.
10 ways a criminal record impacts your life
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Defenses against a domestic violence charge in Texas
A defense attorney can explore a variety of defenses against a domestic violence charge. These can include establishing that the assault was in self-defense.
A claim of self-defense is the most common defense against a charge of assault, whether it is a domestic assault or otherwise. To assert this, a defendant who is accused of assault must prove that he or she was threatened with unlawful force or harm and responded appropriately in self-defense.
Further, there must have been no reasonable chance of escaping or retreating from such a threat, and the force used by the defendant must have been in proportion to the nature of the threat against them.
For instance, if someone simply threatened to harm you verbally, and you responded by attacking them with a weapon, that response would not be considered commensurate with the verbal threat.
Overreacting undercuts the claim of self-defense.
Other defenses against a domestic violence charge can include establishing that the assault was unintentional – that is, an accident and not attack. Perhaps a person slipped, fell down and injured their head or another body part.
As long as the injury was unintentional, with no misstep, clumsiness or recklessness on your part, your defense attorney can argue that it was accidental or a mistake performed without your knowledge and thus was not your fault.
However, if choking was cited in a domestic violence claim, that can be very serious. The charge then could rise from a misdemeanor to a felony, leading to extensive time in jail.
What others say
“In March of 2017 I was charged with a felony. However, Neal and Ty were able to sift through the “reported” facts and produce the real facts. As a result, my case was completely dismissed by a grand jury. Neal and Ty really know what they’re doing, and are passionate about their work. In my case, they aggressively went after the truth, and earned every penny. Anytime I had a question, I never felt uneasy about calling or texting Neal, Ty, or their staff. They made me feel like I was part of the team, which helped me cope with the stress of a felony charge. That charge could have ruined my life. My gun rights and my voting rights could have been taken away. Not to mention, my ability to find work could have been severely hampered. To Neal, Ty, and their staff, thank you, thank you, thank you!!!”
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“I’ve been around great attorneys, and you hire Neal if you want a great lawyer and gentleman. He takes care of business and his clients. He is one of the best criminal attorneys I know. Mr. Neal Davis is the way to go. Thanks, Neal for all you have ever done for me, sir. God bless you and your firm.”
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“Neal left no stone unturned in aquiring the details of my case. I was terrified before meeting Neal and his team. They took a personal interest in me as a client and each one would often reach out to me. I shopped around with several attorneys and chose Neal based on his proven track record ( of winning ). They were able to Quickly Return a No Bill On My Felony Family Violence Case. Neal Also fought to get me a bond set after i turned myself in and was facing several months of waiting in jail. I am thrilled to continue my life with this behind me. Thank You Neal And Ty”
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Defenses against false claims
Your defense attorney also might be able to establish that no assault, in fact, occurred and that you were falsely accused of domestic violence. Such claims often occur in Houston and other cities when a person is accused of domestic violence during a child custody battle, a bitter divorce proceeding or some other legal dispute. The claim is false but is used as leverage in such disputes.
Some false claims of domestic violence are made in the heat of the moment after an argument between spouses or persons in a dating relationship. Or, a false claim of domestic violence may be made in retaliation for a non-violent disagreement, perhaps in order to gain leverage in a custody fight or other legal dispute.
A skilled domestic violence defense lawyer may be able to get a complainant to retract such a claim. However, a complainant has no legal power or ability to drop a charge for any reason, including an admission that their claim was false. Only the district attorney or prosecutors who filed the complaint can do that.
In a sense, this protects victims who are persuaded forcefully to change their story under duress, and who could face more assaults.
On the other hand, a prosecutor may perceive that the case is insubstantial and may drop the charge for that reason.
What are defense attorney tips to help your case?
Beyond preparing a legal defense for you, a defense lawyer or attorney with experience handling domestic violence cases can provide you with tips to help support your defense. Among them are:
Advising you not to communicate any details of your case in emails or via social media
Anything that you post or send online (or in any recorded form) may be found and used against you in court.
In online posts, you could risk admitting a degree of guilt, as well as revealing that you are angry or bitter toward an alleged victim. Such things could damage your case at trial.
Advising you not to confront the alleged victim
Whether in person or by phone or other means, you should not do this.
Contacting an alleged victim could lead to an escalation of hostilities and yet another claim of domestic violence. Also, such contact may be a violation of a protective order if that has been made.
Prosecutors even could argue that contacting an alleged victim was witness tampering and obstruction of an investigation of domestic violence, and that could bring additional charges against you.
What is a protective order?
An alleged victim in a domestic violence case may petition the court for a protective order to keep you away. Such an order can prohibit you not only from seeing that person, but also from entering your own home or seeing your children in some cases.
You can challenge such a protective order, but you must do so within 14 days after notification of it. Before that time elapses, you and your defense attorney must appear at a hearing to challenge the order.
Sometimes a 20-day protective order may be issued without affording you the chance to challenge it. As for a permanent or final protective order–which can last for up to 2 years–you must be given a chance to challenge such an order at a hearing.
Cases can be dismissed
Our attorneys believe that everyone has the right to discretion and an expert defense, and we regularly handle these cases. Here are some examples:
owner of an insurance company charged with felony assault (impeding breath) of a family member
owner of a physical therapy clinic charged with felony assault (impeding breath) of a family member
IT professional charged with felony assault (impeding breath) of a family member
attorney charged with assault of a family member
small business owner charged with assault of a family member and interfering with a 911 call
To get started, contact the Neal Davis Law Firm today. We’ll provide you a legal review of your domestic violence case, and then you can decide how you wish to proceed.
But act quickly.
Whether you live in Harris County, Fort Bend County, Montgomery County or elsewhere in southeast Texas, penalties for domestic assault and family violence in Texas should not be taken lightly.
Get the best family violence defense lawyer you can find to stand up for your legal rights.
