Is assault on a family member in Texas a felony? Courts are tough on charges for assault on a family member, and while first-time offenders occasionally get off with a Class A misdemeanor, repeat offenders will certainly be given felonies that come with heavy jail time, fines, and other domestic violence-specific restrictions upon conviction.
In the interest of protecting everyone involved, arrests are often made before law enforcement has all of the facts. If you have been falsely accused of assault and battery, you need an attorney who will listen to your side, who isn’t afraid to go to trial, and who will bring to light the facts.
If you’ve been accused of any assault crime, you need to protect yourself now. Call Mark Thiessen and the Houston assault lawyers at Thiessen Law Firm today at (713) 864-9000 to defend your life.
How do assault charges work in Texas?
In Texas, all assault charges are charged as either assault or aggravated assault. While assault family violence is often charged as simple assault, things like assault with a deadly weapon or assault bodily injury in Texas will be charged as aggravated assault.
The difference between assault and aggravated assault usually lies in the severity of the damage sustained by the victim, although there are a number of aggravating factors that can upgrade a charge.
In general, simple assault occurs when:
- Injury is caused to another party intentionally, knowingly, or recklessly
- Another party is threatened with injury, intentionally, knowingly, or recklessly
- Unwanted or offensive contact is initiated with another party intentionally, knowingly, or recklessly
Assault becomes aggravated when:
- Serious bodily injuries are incurred
- The behavior in question exhibits extreme recklessness
- A deadly weapon is used
- The assault is committed against a protected group of people
Assault on a family member, however, is a specific type of assault charge that involves violence or threats of violence toward a family member, partner, or household member. Assault on a family member can either be simple or aggravated depending on the circumstances.
What is assault family violence in Texas?
According to Texas Family Code § 71, assault family violence, also called assault on a family member, is defined as:
- Any act of violence committed against an individual with whom a person has or has had a dating relationship.
- An assault act committed against any person of the same household, of blood relation, or within a romantic relationship.
- A child in the household is abused by a member of the household.
These all include making someone fear that physical harm or sexual assault is imminent but do not include measures taken by an individual to protect themselves. What makes someone part of a household? Legally, the household is defined as any of the following relationships:
- Past and current spouses
- Parents of a child not in a relationship or household
- Foster child and parent
- Past and current co-residents
- Relatives (either by blood, marriage, or adoption)
- Past and current romantic partners
Due to the nature of these relationships and the potential for exploitation or abuse, family violence charges have the potential to carry much harsher penalties than normal assault charges in Texas, as do other offenses against the family.
What is an offense against the family in Texas?
An “offense against the family” encompasses a range of criminal acts that specifically target family members. Assault Family Violence is one of the primary offenses against the family, but other offenses can include:
- Child abuse or neglect
- Sexual assault within the family
- Stalking or harassment of a family member
- Interference with child custody
These offenses are treated with particular severity in Texas, as they are seen as violations of the trust and safety expected within family relationships. When an assault is labeled as an offense against the family, it indicates a breach of this protective boundary and can impact sentencing and penalties.
What is continuous violence against the family?
If an individual has committed two or more assault crimes or offenses against the family within 12 months, they may be charged with continuous violence against the family. Continuous violence against the family is a third-degree felony at minimum, even if no aggravating factors are present.
Courts are tough on assault. Even if you are facing first-time assault and battery charges, you need a lawyer who will fight tooth and nail to defend your freedom so that your story can be heard and you can have a fair chance.
Is family violence a felony in Texas?
If you are arrested for assault on a family member in Texas, there is no guarantee that you will only be facing one charge, as assault charges are often compounding in nature.
An overview of the penalties for various family violence charges is as follows:
- Assault on a family member first offenses, with no aggravating factors present, are class A misdemeanors that carry up to a year in jail. Repeat offenses of assault family violence (AFV) are charged as felonies.
- Aggravated assault on a family member is charged as a first-degree felony.
- Continuous violence against the family is charged as a third-degree felony and is added to assault charges as a compounding charge.
Some circumstances under which AFV charges are often aggravated and are therefore considered felonies include:
- Cases with severe injuries. If the assault results in serious bodily injury, the charge can be elevated to a felony.
- Cases in which weapons were used. Any use of a deadly weapon during the assault is likely to elevate the charge to aggravated assault, which is a felony.
- Assaults committed with prior convictions. Repeat offenders face harsher penalties, and a second assault family violence offense is typically elevated to a felony.
- Cases involving strangulation or suffocation. Texas law specifies that if the assault involves choking, suffocating, or restricting someone’s breath, it can be prosecuted as a third-degree felony even if it’s the first offense.
- Repeat offenses against the same victims. Two separate cases of family violence within the same 12-month period against the same person is also always a felony offense.
What is the punishment for assault on a family member in Texas?
Punishments for assault charges run the gamut in Texas, and although you’ll be facing a lot less severe charges for a first-time assault charge in Texas than you would for repeat or aggravated offenses, all AFV charges carry severe penalties.
| Offense | Charge | Maximum fine | Jail time |
| Assault on a family member (first offense) | Class A misdemeanor | $4,000 | Up to 1 year |
| Repeat assault on a family member | Third-degree felony | $10,000 | 2 – 10 years in prison |
| Aggravated assault on a family member | First-degree felony | $10,000 | 5 years – life in prison |
| Continuous violence against the family | Third-degree felony | $10,000 | 2 – 10 years in prison |
As is the case for all felony charges in Texas, the true cost of being convicted of these crimes is not fully illustrated in the serious jail time and fines. Domestic violence charges will land you on probation and in treatment centers, custody of children is often taken away, and families are severed by lawfully enforced protective orders.
What to do if you’re falsely accused in a domestic violence case in Texas
Being falsely accused of assault or family violence can have catastrophic consequences on your personal and professional life, even if you’re never convicted. Here are some steps to take if you’re accused:
- Don’t try to clear things up. Do not under any circumstances contact your accuser, as this can be used against you in court.
- Call a skilled assault attorney. An experienced attorney can help you work through the legal process and protect your rights.
- Gather evidence. Gather any evidence that could support your innocence. This could contain video camera footage, text messages, emails, witness statements, or any relevant documentation.
- Prove that you are not guilty.
Unfortunately, all you can do is keep to yourself and hire the best assault attorney Houston has to offer. False accusations happen because of complicated, difficult relationships and are almost never sorted out without legal professionals present. Although it may seem like an admission of guilt to hire a lawyer, it is the best thing you can do to protect your rights during this difficult time.
How to beat assault charges in Texas
If you’re wondering how to beat an assault charge, you’ll need to hire an attorney who knows how to beat an assault charge in Texas — and preferably one who has a track record of doing so. While beating an assault charge in Texas is tough, it is nowhere near impossible with the right attorney. Some defenses your lawyer may employ include:
- Self-defense. If you acted to protect yourself or another person from harm, your attorney might argue that you were defending yourself.
- Lack of intent. Intent is very important in assault cases. If you didn’t intend to harm or threaten the alleged victim, you may not have committed assault at all.
- False accusations. Accusations are often made out of anger, jealousy, or to gain leverage in a custody or divorce battle. If you’re falsely accused, your attorney can investigate the circumstances and present evidence to support you.
- Insufficient evidence. At the end of the day, the burden of proof is on the prosecution; they must prove beyond a reasonable doubt that you committed a crime, and if they can’t, your attorney can get your case dismissed.
Although these are some of the common defenses to assault crimes, remember that each case is unique. This is why it is so important that you work with an attorney who has experience fighting assault charges and winning.
Learn more about the self-defense laws in Texas
Accused? You’re innocent unless proven guilty. Protect your rights with Thiessen Law Firm.
Is assault on a family member in Texas a felony? Very often, it is, but even when it isn’t, it’s a serious crime with serious consequences that can ruin your life. It takes a compassionate and driven lawyer to take on sensitive cases and get down to the truth. Mark Thiessen and the assault lawyers at Thiessen Law Firm have a history of taking sensitive cases and getting down to the truth.
Whether you’re facing charges for simple assault or need a Houston aggravated assault attorney, Thiessen Law Firm is here for you. Give us a call today at (713) 864-9000 or contact us online to begin building your defense.
More Helpful Articles by Thiessen Law Firm:
- What Is the Assault Statute of Limitations in Texas?
- What To Do If You’re Accused of Assault: A 4-Step Process
- Can You Get Arrested for Fighting?
- Is Aggravated Assault a Felony in Texas?
- How Serious is a Charge for Public Intoxication in Texas?
