Criminal Defense Assaults
Assault Family Violence
Assault Family Violence (AFV) is one of the most aggressively prosecuted charges in Texas. Under Texas Penal Code § 22.01, a person commits assault by intentionally, knowingly, or recklessly causing bodily injury to a family member, household member, or dating partner. Even minor physical contact can result in an arrest. A conviction carries serious consequences including jail time, a permanent family violence finding on your record, loss of firearm rights, and immigration consequences. Todd Rash has extensive experience defending AFV cases throughout North and Central Texas.
Who Is Considered a Family or Household Member?
Texas law defines family members broadly to include spouses, former spouses, parents, children, siblings, and relatives by blood or marriage. Household members include anyone who lives or has lived in the same home. Dating partners, current or former, are also covered under the family violence statute, even if they never lived together.
Charges and Classifications
A first-time AFV causing bodily injury is a Class A misdemeanor (up to 1 year jail, $4,000 fine). If the defendant has a prior family violence conviction, the charge is elevated to a 3rd degree felony (2–10 years). Assault by strangulation or suffocation is automatically a 3rd degree felony on a first offense. Aggravated assault family violence is a 1st or 2nd degree felony.
Protective Orders and Bond Conditions
After an AFV arrest, the court typically issues a protective order prohibiting contact with the alleged victim. Violating a protective order is a separate criminal offense. Bond conditions may also restrict where you can live and work. An attorney can work to modify these conditions and protect your rights during the pendency of the case.
The Victim Wants to Drop Charges
In Texas, the decision to prosecute an AFV case belongs to the State, not the alleged victim. Even if the victim does not want to press charges or recants their statement, the prosecutor can still proceed with the case. An experienced attorney can work with the prosecution and present evidence of the victim's wishes to seek a favorable resolution.
Potential Penalties
- › 1st offense (Class A misdemeanor): Up to 1 year jail, $4,000 fine
- › Prior conviction: 3rd degree felony (2–10 years prison
- › Strangulation/suffocation: 3rd degree felony on first offense
- › Aggravated AFV: 1st or 2nd degree felony
- › Permanent family violence finding on criminal record
- › Loss of right to possess firearms (federal law)
- › Immigration consequences for non-citizens
Possible Defenses
- › Self-defense or defense of others
- › The alleged victim is not credible or has recanted
- › No bodily injury occurred
- › Mutual combat: both parties were equally involved
- › False accusation motivated by custody dispute or divorce
- › Lack of intent: the contact was accidental
Frequently Asked Questions
Facing Assault Family Violence charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
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