Assault Family Violence Charges in Texas: What You Need to Know

An assault family violence charge in Texas is one of the most serious misdemeanor charges a person can face. Unlike a standard assault charge, a family violence finding follows you for life, affects your right to own firearms, and can be used to enhance future charges to felony level. If you or someone you know has been charged with assault family violence in Texas, understanding what you are facing is the first step.

Under Texas law, assault family violence occurs when a person intentionally, knowingly, or recklessly causes bodily injury to a family member, household member, or someone with whom the person has or has had a dating relationship.

The term "family member" is broadly defined and includes:

• Current or former spouses
• Parents and children
• Foster parents and foster children
• Siblings
• Current or former dating partners
• Roommates and former roommates
• Co-parents (even if never married or living together)

Bodily injury under Texas law means physical pain, illness, or any impairment of physical condition. This is an intentionally low threshold. A bruise, a scratch, or even pain without visible injury can satisfy the bodily injury element.

Assault family violence is most commonly charged as a Class A misdemeanor, which carries a penalty of up to one year in jail and a fine of up to $4,000.

However, the charge can be elevated to a felony in several circumstances:

Third Degree Felony (2 to 10 years in prison):

• Prior conviction for assault family violence
• Assault by strangulation or suffocation (even without a prior conviction)
• Assault against a family member who is a peace officer or public servant

Second Degree Felony (2 to 20 years in prison):

• Aggravated assault family violence (serious bodily injury or use of a deadly weapon)

First Degree Felony (5 to 99 years or life):

• Aggravated assault family violence with a prior family violence conviction

When a person is convicted of assault family violence in Texas, the judgment includes a family violence finding. This finding has consequences that extend far beyond the criminal sentence:

Federal firearms prohibition. Under federal law (18 U.S.C. Section 922(g)(9)), a person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing, purchasing, or transporting firearms or ammunition. This applies even to a Class A misdemeanor conviction. Law enforcement officers, military members, and others who carry firearms as part of their job can lose their careers over a single misdemeanor family violence conviction.

No expunction. A conviction for assault family violence cannot be expunged from your record in Texas. Even a deferred adjudication for family violence cannot be sealed through a nondisclosure order. The record is permanent.

Enhanced future charges. A prior family violence conviction can elevate a future assault family violence charge from a misdemeanor to a felony, even if the new offense would otherwise be a misdemeanor.

Immigration consequences. A family violence conviction can have severe immigration consequences, including deportation and bars to naturalization.

Custody and family law. A family violence finding is admissible in family court proceedings and can affect child custody determinations.

After an arrest for assault family violence in Texas, the court will typically issue a magistrate's order for emergency protection (MOEP) at the time of the initial appearance. This order prohibits the defendant from contacting the alleged victim and from returning to a shared residence. Violating this order is a separate criminal offense.

One of the most common misconceptions about assault family violence cases is that the alleged victim can drop the charges. In Texas, the decision to prosecute belongs to the district attorney or county attorney, not the alleged victim. Even if the alleged victim recants, refuses to cooperate, or submits an affidavit of non-prosecution, the prosecutor can still proceed with the case using other evidence such as 911 recordings, officer observations, photographs, and medical records.

Evidence in assault family violence cases disappears quickly. Photographs of injuries fade. Witnesses' memories change. 911 recordings and body camera footage must be preserved through timely legal action. Retaining an experienced criminal defense attorney as soon as possible after an arrest gives your attorney the best opportunity to investigate the case and preserve evidence that may support your defense.

Every assault family violence case is different. Common defenses include:

Self-defense. Texas law recognizes the right to use force to protect yourself from another person's use or attempted use of unlawful force. If the alleged victim was the aggressor, self-defense may be a complete defense to the charge.

Defense of a third person. You may use force to protect another person from unlawful force.

The alleged victim is not credible. In many assault family violence cases, the alleged victim's account is inconsistent, contradicted by physical evidence, or motivated by factors unrelated to the alleged assault, such as a pending divorce or custody dispute.

Lack of bodily injury. If the alleged victim did not suffer physical pain, illness, or impairment, the bodily injury element of the offense may not be satisfied.

Lack of intent. Accidental contact does not constitute assault under Texas law.

Mutual combat. In some cases, both parties were engaged in mutual combat, which may affect the prosecution's theory of the case.

Deferred adjudication is available for some assault family violence cases in Texas. Under deferred adjudication, the defendant pleads guilty or no contest, and the judge defers a finding of guilt while the defendant completes a period of community supervision (probation). If the defendant successfully completes the supervision, the case is dismissed.

However, there are critical limitations:

• A deferred adjudication for assault family violence still results in a family violence finding in the court's records.
• A deferred adjudication for family violence cannot be sealed through a nondisclosure order.
• The federal firearms prohibition may still apply to a deferred adjudication for family violence, depending on the circumstances.

Because of these limitations, it is essential to consult with an experienced criminal defense attorney before accepting any plea offer in an assault family violence case.

Assault family violence cases are aggressively prosecuted in Texas. Many counties have dedicated family violence units within the district attorney's office. Prosecutors are trained to handle cases where the alleged victim is uncooperative. They know how to build a case without the alleged victim's testimony.

An experienced criminal defense attorney can:

• Investigate the facts independently of law enforcement
• Challenge the admissibility of evidence obtained in violation of your rights
• Identify weaknesses in the prosecution's case
• Negotiate with prosecutors for reduced charges or dismissal
• Prepare a strong defense for trial if necessary
• Advise you on the full consequences of any plea offer before you accept it

The stakes in an assault family violence case are too high to navigate without experienced legal representation. A conviction or even a deferred adjudication can affect your career, your right to own firearms, your immigration status, and your relationship with your children for the rest of your life.

Todd Rash has defended assault family violence cases throughout North and Central Texas for nearly 2 decades. If you have been charged with assault family violence, call (817) 808-2247 for a free consultation. Todd Rash will review the facts of your case, explain your options, and fight to protect your rights and your future.