November 1, 2024
Family dynamics can sometimes become tense, and, unfortunately, disputes can escalate into physical altercations. In Texas, assault involving bodily injury to a family member is taken very seriously and can lead to severe legal consequences.
If you or a loved one has been charged with assault causing bodily injury to a family member, understanding the legal environment, potential penalties, and available defenses is important.
What Constitutes Assault Causing Bodily Injury to a Family Member in Texas?
In Texas, assault causing bodily injury is defined under the Texas Penal Code Section 22.01
Assault occurs when a person:
- Intentionally, knowingly, or recklessly causes bodily injury to another person;
- Threatens another person with imminent bodily injury; or
- Engages in physical contact with another person, knowing or should reasonably believe that the contact would be considered offensive.
Who is Considered a Family Member?
The Texas Family Code defines a family member broadly, including:
- Spouses or former spouses;
- Parents and children (biological, adopted, or foster);
- Siblings;
- Any other relatives by blood or marriage;
- Individuals with whom the defendant shares a child;
- Individuals currently or previously in a dating relationship; and
- People living together in the same household, regardless of their relationship.
Understanding the scope of who can be considered a family member is important in assessing the severity of the charges and potential legal repercussions.
Texas Family Violence Statistics
According to the Texas Department of Public Safety (DPS), there were over 200,000 reported family violence incidents in 2023. Of these, many resulted in bodily injury, and were elevated to felony charges due to aggravating factors such as prior offenses or the use of a weapon. You can access Texas DPS crime statistics here.
First Offense: Assault Causing Bodily Injury to a Family Member
A first-time offense of assault causing bodily injury to a family member is typically charged as a Class A Misdemeanor. This is the most serious level of misdemeanor in Texas. If convicted, the accused could face the following penalties:
- Up to 1 year in county jail
- Fines of up to $4,000
- Community service
- Mandatory anger management or family violence prevention courses
- Potential restraining orders or protective orders prohibiting contact with the victim
While these penalties are significant, a first offense is usually treated as a misdemeanor unless aggravating factors, such as strangulation or a history of family violence, are present.
Is Assault on a Family Member a Felony in Texas?
In certain circumstances, a misdemeanor can escalate to a felony. The factors that may lead to this escalation include:
- Prior convictions for assault involving a family member;
- Use of a deadly weapon during the incident;
- Strangulation or suffocation during the assault.
A second offense or incidents involving strangulation automatically result in felony charges, specifically a Third-Degree Felony, which carries the following penalties:
- 2 to 10 years in prison;
- Fines of up to $10,000.
More serious assaults involving deadly weapons can lead to Second-Degree Felony charges, with prison sentences ranging from 2 to 20 years.
For more information on family violence felony classifications, refer to the Texas Penal Code Section 22.01.
Penalties for Assault Causing Bodily Injury to a Family Member
The severity of penalties varies depending on whether the offense is charged as a misdemeanor or a felony. Here’s a breakdown of penalties for both:
Misdemeanor Penalties (Class A):
- Up to 1 year in jail;
- Fines of up to $4,000;
- Community service and mandatory counseling.
Felony Penalties (Third-Degree Felony):
- 2 to 10 years in prison;
- Fines of up to $10,000;
- Loss of gun ownership rights;
- Difficulty finding employment due to a criminal record.
Consequences of a Felony Conviction
In addition to the criminal penalties, a felony conviction can have long-lasting effects, such as:
- Being prohibited from working in certain professions (e.g., healthcare, education);
- Impact on child custody and visitation rights;
- Permanent record that makes securing housing or employment challenging.
These consequences make it necessary to take these charges seriously and consult with a skilled attorney.
Defenses to Assault Charges Involving a Family Member
Fortunately, several defenses may apply in cases of assault causing bodily injury to a family member. Each defense depends on the specifics of the case:
Common Defenses in Family Assault Cases
- Self-defense: Texas law allows individuals to use reasonable force to protect themselves from harm. If you can show that you were acting in self-defense, this can be a strong defense.
- Defense of others: Similarly, defending another family member from harm can be used as a defense, provided that the force used was reasonable.
- Lack of intent: The prosecution must prove intent in assault cases. If the injury was accidental, this defense could be effective.
- False accusations: In some cases, one party may falsely accuse another of assault, especially in contentious divorce or custody battles. A thorough investigation by a criminal defense attorney can help discredit these claims.
How a Criminal Defense Attorney Can Help
If you or a loved one is facing charges for assault causing bodily injury to a family member, navigating the legal process can be overwhelming. Texas laws surrounding family violence are strict, and the penalties are severe, even for first-time offenders.
The Role of a Defense Attorney in Family Assault Cases
An experienced lawyer can:
- Review the facts and evidence in your case;
- Challenge the credibility of the prosecution’s witnesses;
- Seek to have charges reduced or dismissed;
- Negotiate plea deals when appropriate;
- Represent you at trial and protect your rights.
Working with a defense attorney familiar with Texas family violence laws can significantly affect the outcome of your case.
Conclusion
Assault causing bodily injury to a family member in Texas is a serious charge with significant legal and personal consequences. Whether facing misdemeanor or felony charges, understanding your legal rights and options is important.
If you or a loved one is facing these charges, don’t hesitate to seek legal help. At Napier Law Firm, we have the experience and knowledge to defend against these types of allegations and guide you through the legal process. Contact us today at The Napier Law Firm for a consultation and let us help protect your rights.