What is Family Assault

Family violence crimes are many times some of the most complicated and emotional types of criminal cases because they involve violence committed by one spouse against the other spouse. Texas law provides that Family/Domestic Violence cases can be filed in any situation where an act of violence is involved between spouses, parents, children, siblings, dating partners or any member of the household. Fort Bend and Houston Domestic Violence Attorney, Korey Huff will thoroughly explain every step of the legal process to ensure your freedom is protected.

Similar to simple assault, Texas Penal Code, Section 5: Offenses Against the Person, Section 22.01 states that the State of Texas will be required to prove the following elements of Assault-Bodily Injury – Family Violence beyond a reasonable doubt:

• A person commits the offense of assault if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse.

A conviction for a crime involving family or domestic violence can result in serious long-term consequences. Generally, a family or domestic violence conviction results in a Class A Misdemeanor conviction that carries with it a punishment of up to 1 year in jail and up to $4,000 in fines. However, if you have been previously convicted of a family or domestic violence crime or you are charged with choking or impeding the breath of the family member associated with your case, you could be facing a third degree felony that carries with it a punishment of up to 10 years in prison and up to $10,000 in fines. In addition to being prevented from seeing your family member or loved one, you could also face enhanced punishment possibilities if a child was injured or a weapon was used during the altercation. Finally, receiving a criminal conviction for a family violence assault can result in you losing your rights to possess or transport firearms in the future.

If you have been arrested and charged with Assault on a Family Member, you may not be aware of the fact that the prosecution may still pursue criminal charges against you even if the party that brought the charges has changed his or her mind and now wishes to drop the charges.

This “No Drop” Policy, that is practiced by the Harris County District Attorney’s Office and most other prosecutors in Texas, is designed to protect victims that have been intimidated or threatened by the accused to drop the charges. However, an unintended consequence of this “No Drop” policy is that you may now be facing serious criminal charges because your spouse or family member called the police and claimed an altercation took place simply as a means of retribution or revenge for a failed relationship or personal disagreement. Regardless of the existence of the “No Drop” policy, there are legal means available to ensure justice is done and that your Assault on Family Member case is dismissed or reduced, ensuring your criminal record remains clean.

 If you are facing an Assault on Family Member case, it is critical to hire an experienced Fort Bend (surrounding counties) or Houston Domestic Violence Attorney with a proven track record of Fort Bend and Domestic Violence cases being dismissed. Many people charged with Assault on Family Member don’t realize that agreeing to a plea for a deferred adjudication probation on an Assault on Family Member case will prevent them from ever being able to have their arrest expunged or non-disclosed.

Under most circumstances, agreeing to a plea of deferred adjudication probation and completing the probation will provide the right to a sealing of that citizen’s arrest and plea records. However, Texas law creates an exception for family violence cases and does not allow the sealing of records or expunction of records unless the citizen is found not guilty, has their case dismissed or their case is reduced to deferred adjudication probation under a Class C Assault by Contact.

Definitions of Assault on Family Member in Houston, Fort Bend, and Surrounding Counties

Often, assault on family member, family violence, or domestic violence situations involve terms that are unfamiliar to most people and different from general criminal proceedings. As defined in Chapter 71 of the Texas Family Code, many of these terms are listed below.

• Family Violence – Family violence is often more commonly referred to as domestic violence, domestic abuse or dating violence, and is defined as an intentional act by one family member against another to cause physical harm, bodily injury, assault or sexual assault.
• Dating Violence – Dating violence is defined as an intentional act by a person in a dating relationship against a person they are currently in a dating relationship with or were previously in a dating relationship with that causes physical or bodily harm.
• Family Member – A family member is anyone who is related by blood, related by marriage, a former spouse, parents of the same child, foster parents or step-parents.
• Household Member – A household member is anyone who resides or has previously resided in the same home. This includes individuals who are not in the same family, such as roommates.
• Protective Order – A protective order is generally more commonly referred to as a restraining order, protection against family violence, or protection order, and is a court order issued if the judge determines family violence has occurred and is likely to occur again.
• Protective Order Hearing – At a protective order hearing, the judge determines whether family violence has occurred and is likely to occur in the future after both sides present evidence and any witnesses. The judge will issue a protective order if they determine family violence has occurred.

As you can see, it is critical that you hire a Fort Bend or Houston Assault on Family Member Attorney that understands family violence law in Texas and can ensure every option is explored in your case. Whether you have been charged with a felony or misdemeanor crime involving family or domestic violence, Houston Assault on family Member Attorney Korey Huff will carefully investigate and analyze your case and will fight to protect your freedom and your legal rights. 

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