North Texas Assault Family Violence Defense: Protecting Your Future

An accusation of assault family violence in Texas is one of the most challenging and impactful criminal charges you can face. The Texas legislature has continually strengthened laws related to family violence, aiming to protect alleged victims and ensure accountability. However, these laws can sometimes lead to charges being filed without a complete understanding of the underlying circumstances, potentially overstepping into situations that don’t warrant such severe penalties.

At The Beltz Law Group, we understand the profound implications an assault family violence charge can have on your life – from employment and housing opportunities to your fundamental constitutional rights. As a premier criminal defense firm in North Texas, we are dedicated to providing aggressive and knowledgeable representation for those accused of these serious offenses.

If you or someone you know has been charged with assault family violence in North Texas, don’t wait. Contact our experienced criminal defense attorneys today for a confidential consultation: 214-321-4105.

Understanding the Legal Definition of Assault Family Violence in Texas

At its core, an assault family violence charge in Texas combines the general definition of assault with a specific relationship between the accused and the alleged victim.

Texas Penal Code defines assault as when a person:

1. Intentionally, knowingly, or recklessly causes bodily injury to another (including their spouse).
2. Intentionally or knowingly threatens another with imminent bodily injury (including their spouse).
3. Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

For the charge to be specifically designated “family violence,” the prosecution must prove that a legally defined familial or intimate relationship exists between the alleged offender and the alleged victim. This critical distinction is outlined in the Texas Family Code.

Key Relationship Definitions in Texas Family Violence Cases

To apply the “family violence” enhancement, the court must find that the relationship falls into one of the following categories:

• Dating Violence: Defined by Texas Family Code Sec. 71.0021, this refers to an act intended to cause harm or threat against someone with whom the actor has or has had a “dating relationship.” A dating relationship is a continuing relationship of a romantic or intimate nature, determined by its length, nature, and frequency of interaction (excluding casual acquaintances).

• Family: As per Texas Family Code Sec. 71.003, “family” includes:

  • Individuals related by consanguinity (blood, e.g., parents, children, siblings, grandparents, grandchildren) or affinity (marriage, e.g., spouses, in-laws).
  • Former spouses.
  • Parents of the same child (regardless of marriage).
  • Foster children and foster parents.

• Household: Defined by Texas Family Code Sec. 71.005, a “household” is a unit composed of persons living together in the same dwelling, regardless of whether they are related to each other. This can include roommates or individuals who share a living space.

The Severe Impact of an Assault Family Violence Conviction

If any of these specified relationships are established, the assault charge carries the “family violence endorsement.” This enhancement means a conviction can severely impact fundamental rights and opportunities in Texas, including:

• Employment: Many professions and employers conduct background checks, and an assault family violence conviction can make securing or maintaining employment extremely difficult. This includes licensed professions like plumbing, electrical work, real estate, teaching, nursing, security, and locksmithing.
• Housing: Landlords often conduct background checks, and such a conviction can be a significant barrier to housing.
• Firearm Rights: Federal law dictates that a conviction for assault family violence can permanently revoke your right to legally carry or possess a firearm.
• Child Custody: These charges can heavily influence child custody and visitation decisions in family court.
• Immigration Status: For non-citizens, an assault family violence conviction can lead to severe immigration consequences, including deportation.

Strategic Defense for Assault Family Violence Charges in North Texas

Defending an assault family violence case requires a nuanced and aggressive approach. At The Beltz Law Group, we have decades of experience analyzing these complex cases and building robust defenses tailored to the unique circumstances.

Our defense strategies often include:

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  Assault Family Violence Attorney

  Assessing Evidence & Victim Cooperation: We immediately investigate whether the prosecution can prove the charge beyond a reasonable doubt without the alleged victim’s testimony.

  • Affidavits of Non-Prosecution: If the alleged victim is willing, we can draft and submit a notarized affidavit stating they do not wish to pursue charges. While not a guaranteed dismissal, this document is crucial for demonstrating lack of cooperation to the prosecution and can be a powerful tool for negotiation. We then analyze the remaining evidence to determine if the State can proceed without direct testimony.
• Challenging the Case at Trial: If the prosecution proceeds despite a lack of victim cooperation or weak evidence, we are prepared to take your case to trial.
  • Hearsay & Witness Availability: Police officers typically do not witness the alleged assault itself. Their testimony about what the alleged victim told them is generally considered hearsay and inadmissible without the victim’s live testimony. If the alleged victim is unwilling to testify or was not properly subpoenaed, the prosecution may be unable to prove their case, often leading to dismissal.
• Exploring Conditional Dismissals: In some situations, we can negotiate for a conditional dismissal. This involves completing specific requirements (e.g., educational coursework, drug tests, community service, donations) in exchange for the case being dismissed, avoiding a permanent conviction. This can often be a more cost-effective and less stressful alternative to trial.
• Disputing the “Family Violence” Element: We will meticulously review the relationship details to challenge whether it legally qualifies as “family,” “household,” or “dating violence” under the Texas Family Code definitions.
• Self-Defense Claims: If applicable, we will build a strong argument that your actions were justified as self-defense or defense of another.Hire a Premier North Texas Assault Family Violence Attorney

The Beltz Law Group has successfully handled thousands of assault cases over the past two decades. Our criminal defense attorneys in North Texas possess the deep legal knowledge, courtroom experience, and strategic insight required to effectively defend assault family violence charges.

We are committed to protecting your record, your constitutional rights, and your future. Don’t face these serious allegations alone.

If you or a loved one needs experienced legal representation for an assault family violence case in North Texas, call The Beltz Law Group today. Let our proven experience work for you.

Contact us at 214-321-4105 to schedule your confidential consultation.