Texas law recognizes misdemeanor assault on a family member as a serious crime usually categorized as “domestic assault.” To be charged with misdemeanor assault on family in Houston, TX a person must be accused of violence against a current or former spouse, a child of spouse, a person with whom the accused has children, foster child or parent, any family member by relation, marriage, or adoption, someone with whom the accused lives, or has or had dated or has or had a romantic relationship.
As such, misdemeanor assault on family is significantly more expansive than what is often traditionally thought of as domestic violence. It’s important to note that “violent” assault includes but does not necessarily consist of physical contact – a threat of bodily damage can be considered assault.
Misdemeanor assault is considered a Class A Misdemeanor if there are no past domestic assault convictions. If there are any past convictions the misdemeanor becomes a third degree felony.
Consequences of a Domestic Assault Conviction
While a misdemeanor, a domestic violence assault conviction is quite serious and can result in up to a year in jail, a $4000 fine, or both. If there is a past conviction and the charge becomes a third degree felony the penalty can be up to 10 years in prison with a $10,000 fine. In Texas it is also possible that a conviction can result in restitution payments to the victim as well.
If you are charged with assault on a family member it is very important to retain experienced legal counsel. Not only can assault charges be fought, but even with a conviction a defense attorney can often help with deferred adjudication and / or probation.
Carl Haggard has over 30 years of experience fighting for people in Houston who have been charged with domestic violence and has a verifiable winning record against assault charges in Houston. If you or a loved one is charged with domestic violence call (832) 328-0600 or email Carl using the short contact form today for a confidential free consultation regarding your case and he will immediately go to work for you to provide the best legal defense possible against your assault charges.
Domestic Violence Resources