Understanding Assault Family Violence in Texas: What You Need to Know

Feeling overwhelmed by an assault family violence charge in Texas? You’re not alone. The legal process can be daunting, but understanding the details of the law and knowing your options is the first step towards a strong defense.

At The Beltz Law Group, we recognize the serious nature of these accusations and the profound impact they can have on your life. This article will provide a clear overview of assault family violence in Texas, including how family relationships are defined by law, and how our premier criminal defense firm can stand by your side.

What is Assault Family Violence? A Deeper Dive

Assault family violence is a specific and serious criminal offense in Texas. It’s distinct from general assault because it involves an act of violence committed against an individual with whom the accused shares a defined “family” or “household” relationship as established by the Texas Family Code.

Under the Texas Penal Code, an individual commits assault family violence if they:

• Intentionally, knowingly, or recklessly cause bodily injury to another. This can include physical harm, however minor, caused by striking, shoving, or kicking.
• Intentionally or knowingly threaten another with imminent bodily injury. This means making credible threats that cause a person to reasonably fear they are about to be harmed.
• Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. This covers actions like unwanted touching or throwing objects with the intent to provoke or offend.

The crucial element that elevates these actions to “family violence” is the nature of the relationship between the alleged perpetrator and the alleged victim.

Defining “Family” and “Household” Under Texas Law

To establish a charge of assault family violence, the prosecution must prove that the alleged victim falls within the definitions of “family” or “household” as outlined in Section 71.0021 of the Texas Family Code. This comprehensive definition ensures that a wide range of intimate and domestic relationships are covered.

These relationships include, but are not limited to:

• Spouses and Former Spouses: Individuals who are currently married or were previously married to each other.
• Relatives by Blood or Marriage: This broad category covers a wide spectrum of kinship, such as:
  • Biological, adopted, or stepchildren
  • Biological, adoptive, or stepparents
  • Grandparents and grandchildren
  • Siblings
  • In-laws (e.g., mother-in-law, sister-in-law)
• Foster Children and Foster Parents: Individuals involved in a foster care arrangement.
• Current or Former Household Members: This is a crucial, broader category encompassing individuals who reside or have resided together in the same dwelling, regardless of whether they are related by blood or marriage. This could include roommates, or individuals who once shared a residence.
• Parents of the Same Child: Even if they have never been married or resided together, individuals who are the biological or adoptive parents of the same child fall under this definition.
• Dating Relationships: The Texas Family Code specifically defines a “dating relationship” as a continuous relationship of a romantic or intimate nature. This distinguishes it from casual acquaintances or professional interactions.

Understanding these definitions is vital, as the specific relationship is a foundational element the prosecution must prove in an assault family violence case.

Understanding the Serious Penalties

A conviction for assault family violence carries significant and lasting consequences. While an initial charge may be a Class A Misdemeanor, punishable by up to a year in county jail and/or a fine of up to $4,000, the implications extend far beyond these immediate penalties.

Even a Class C Misdemeanor conviction for assault family violence (typically for offensive contact without bodily injury) can have a profound negative impact, including:

• A permanent criminal record.
• Potential loss of certain civil rights, such as the right to possess a firearm under federal law.
• Difficulties with professional licensing.
• Negative repercussions in child custody disputes or immigration proceedings.

Furthermore, the severity of the charge can increase dramatically if you have a prior conviction for assault family violence, or if the alleged assault involves choking/strangulation or causes serious bodily injury. These circumstances can elevate the charge to a felony offense, leading to:

• State prison sentences (ranging from 2 to 10 years or more, depending on the specific felony).
• Substantially higher fines.
• Loss of voting rights.
• Long-term probation or parole.

Your Strong Defense Starts Here: The Beltz Law Group

Facing an assault family violence charge is a challenging experience, but you don’t have to navigate it alone. The Beltz Law Group is a premier criminal defense firm in Texas, dedicated to providing aggressive and knowledgeable representation for individuals accused of these serious crimes.

Our experienced attorneys possess a deep understanding of Texas criminal law and the nuances of the Family Code that govern family violence cases. We believe every client deserves a robust defense tailored to their unique circumstances.

How The Beltz Law Group Can Help You:

• Thorough Investigation: We leave no stone unturned, meticulously reviewing police reports, witness statements, and all available evidence. We also proactively seek out exculpatory evidence and investigate potential motives for false accusations.
• Challenging the Prosecution’s Case: Our legal team excels at identifying weaknesses in the prosecution’s arguments. This includes disputing the presence of bodily injury, challenging the existence of a defined “family” or “household” relationship, or establishing that your actions were in self-defense.
• Strategic Negotiations: While we are always prepared for trial, we are also skilled negotiators. We work diligently to secure favorable plea deals, including the potential for charges to be dismissed, reduced to a lesser offense, or to explore options like deferred adjudication to protect your record.
• Aggressive Courtroom Representation: Should your case proceed to trial, you can rely on The Beltz Law Group for tenacious and effective courtroom advocacy. We will meticulously present your defense, challenge witness testimony, and fight tirelessly to protect your rights.
• Protecting Your Future: We understand the far-reaching consequences of an assault family violence charge. Our goal is not just to address the immediate legal issue but to mitigate the long-term impact on your employment, housing, family life, and reputation.

Don’t let an assault family violence charge define your future. Contact The Beltz Law Group today for a free, confidential consultation. We will discuss your case in detail, explain your legal options, and outline how our team can build a powerful defense on your behalf.

Call us now to take the first step towards protecting your rights and your future.