Arguments in between family members or housemates are hardly rare, but sometimes they can quickly escalate and spiral out of control. In the more severe scenarios, these disputes can lead to the call of law enforcement and even physical contact. In the state of Texas, an assault allegation can become a “Family Violence” charge if the allegation concerns members of a family or the same household.
In most Family Violence cases, officers are forced to take action upon arrival, typically removing the alleged perpetrator from the scene. The perpetrator will then go through booking before their case is turned over to prosecutors. Next steps could be incredibly difficult, depending on your case, as Family Violence cases can be long and painful, but also carry very serious consequences.
It’s important you understand the charges you could be facing, as well as the penalties and penalty ranges attached to each. First is understanding whether or not you’ve committed a crime. Family Violence falls under Chapter 22 of the Texas Penal Code, meaning they’re treated like other assaultive cases. In Texas, a person commits assault if they:
Assault charges can be both misdemeanors and felonies and are upgraded to the latter if the assault caused serious injury, involved a deadly weapon, or inflicted harm upon a spouse or family member. There are three main types of Family Violence charges in Texas:
Assault Bodily Injury-Family Violence: The most common Family Violence charge, this is typically a Class A misdemeanor, carrying penalties of up to a year of jail time and a fine of up to $4,000. However, the charge is upgraded to a felony if the person has a previous offense. It also carries an “affirmative finding of family violence,” which carries severe consequences.
Aggravated Assault: These occur if there are any deadly weapons, such as a gun or a knife, are used during the incident, or if serious bodily injury occurs. Considered either a first- or second-degree felony depending on the details of the case, these typically carry a penalty of two to 20 years in prison—but can escalate to life in prison—and fines of up to $10,000.
Continuous Violence Against Family: Classified as a third-degree felony, this is when an individual has two or more previous family violence charges within 12 months. The charge carries a penalty of two to 10 years and fine of up to $10,000.
Before you do anything else, call and schedule an appointment with a legal defense attorney. A Family Violence conviction can have far-reaching effects on your life. Not only can the legal consequences be devastating if the case doesn’t go your way, but the social repercussions can leave you with stained relationships and a broken family.
Call Matt Schlake at (469)-839-6655 or email him at matt@schlakelawfirm.com for a free consultation today. Your future depends on taking action today, and you deserve representation that will get you the best possible outcome.
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