Assault-Family Violence in Texas: What is the law, what are the legal consequences, and what should you do?
What is the Assault-Family Violence law in Texas?
Generally speaking, police can charge a person with Assault-Family Violence in Texas if that person:
- intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; OR
- 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.
Unlike other states, Texas does not have a specific statute for Domestic Violence. Instead, a “Family Violence” finding is added to an Assault charge when the accused and the victim have certain types of close relationships with each other. Family Violence can occur between two people that are related by blood or marriage; are dating or have ever dated; or are members of the same household. Penalties for Assault-Family Violence range from as low as a Class C Misdemeanor to as high as a First-Degree Felony depending on the defendant’s criminal history, the severity of the injuries resulting from the assault, whether the assault was sexual, and the relationship of the parties.
What are the legal consequences?
In addition to jail time and fines that the accused faces as a consequence of a conviction for Assault-Family Violence, if the court makes an Affirmative Finding of Family Violence, a defendant will face more consequences that will have a significant impact on their life. These consequences include:
- A prohibition on owning firearms or ammunition
- The possibility that you could lose custody of your children
- Ineligibility to obtain a Visa, Legal Permanent Residency, or US citizenship
- Deportation
- Revocation or denial of a government-issued Security Clearance
- Rejected Loan Applications
- Rejected Lease Applications
- Loss of or ineligibility to obtain certain professional licenses
- Loss or ineligibility to obtain many other jobs
What should I do if I have been charged with Assault-Family Violence in Texas?
If you have been accused of Assault-Family Violence in Texas you need to contact a qualified attorney immediately to protect yourself from consequences that could affect you and your family for the rest of your lives. Please contact Carter Criminal Defense for a free consultation today.