In Texas, this crime can include stalking or threats of violence towards an intimate partner or even interfering with that person's ability to peacefully remain in their home. However, if the threat or offensive contact assault is directed against an elderly person, the charge is enhanced to a Class A Misdemeanor. Assault family violence charges arise when an alleged victim claims that a member of their family or household caused them injury in some way. An assault is classified as a Class A misdemeanor if bodily injury was caused. A person can allege that a family member has assaulted them numerous times, with no more evidence than their word, and cause a person to be arrested for assault family violence continuance. So, if you lose your temper with the ref or opposing coach at your kid's football game, it can put you in a tough place where you may be facing 180 days in jail and $2, 000 in fines on top of the damage to your reputation in the community. If you are a business owner, your relationship in the industry may suffer when others in your profession learn of your criminal record for family violence. The prohibition on firearms and ammunition is for life. It is also a Class A misdemeanor if bodily harm was threatened to a certain subset of the population, such as the elderly.
It's not enough for the State prove that there was an assault, the State must prove the defendant actually intended to cause bodily injury or intended to threaten such injury. So, there are three main categories of assault under Texas law. If you are being accused of a crime, please contact our law firm directly for professional representation. This means you are charged with causing a family member to feel pain or suffer bodily injury. An experienced Texas assault family violence attorney can help you make your case in court to change the PO, but no one other than the judge can change the legal terms of the order. Self-Defense And Defense Of Others. Duties Of Someone Covered By A Protective Order. Serious permanent disfigurement. Accusations of domestic violence carry serious criminal penalties and collateral consequences. As discussed below, assault convictions can have serious consequences. Physical and verbal violence is never the answer. Please contact us to discuss your eligibility for nondisclosure. The amount of justifiable force someone can use depends on the case, but it can include deadly force. It is important for anyone facing charges of domestic violence in Texas to be aware of the various types of charges that may be applied.
Along with the punishments listed above, individuals charged with misdemeanor assault charges also face collateral consequences. A skilled legal defense team has experience digging through the evidence, including police reports, medical records, family history, and more, to get to the truth. A failure to obey a PO can involve punishment for contempt of court (disregarding the court's authority), so the judge can order fines of up to $500 or jail time of up to six months, or both. If physical violence caused serious bodily injury, or a deadly weapon was shown or used in the assault, a prosecutor can increase the charge to aggravated domestic assault, a second-degree felony charge. She works ridiculously hard to get to bottom of what happened and tell her client's family story in written form as a pitch to prosecutor or grand jury about what she feels is the just outcome for the case. However, charges can be elevated to a felony if there is a prior family violence conviction or it involves the choking of a family member or use of a weapon. She is not shy about telling anyone who will listen in law enforcement that her client has been wrongfully charged and that she needs their help fixing this problem for her assault family violence client. Domestic Abuse Charges And Defense Of Others.
3rd Degree Felony Assault. Any amount of pain, no matter how slight, is enough to legally constitute bodily injury. Class A misdemeanor. Six Things You Need to Know About Assault Charges in Fort Worth.
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