Assault becomes a far more serious criminal charge when the alleged victim is related to the alleged offender either through a dating relationship or being a family or household member. These are commonly referred to as domestic violence crimes but the State of Texas refers to it as family violence.
Assault family violence charges are commonly filed as the result of certain domestic incidents, some of which did not involve any actual physical violence. No person should ever assume that a prosecutor will not take their case seriously, as maximum punishments are often sought for alleged offenders in these types of cases.
Were you arrested for an alleged assault family violence offense in the Plano area? Do not speak to law enforcement without a lawyer.
Texas Penal Code § 22.01 establishes that assault family violence is a Class C Misdemeanor when an alleged offender intentionally or knowingly threatens another person with imminent bodily injury, or intentionally or knowingly causes physical contact with another person when the alleged offender knows or should reasonably believe that the other person will regard the contact as offensive or provocative. The crime becomes a Class A misdemeanor if the alleged victim is an elderly or disabled individual, or an alleged offender intentionally, knowingly, or recklessly causes bodily injury to another person.
It is a third-degree felony if the alleged offender causes bodily injury to another person and has been previously convicted of a violent offense against a family or household member, or the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the other person by applying pressure to the other person's throat or neck or by blocking the other person's nose or mouth. Assault family violence is a second-degree felony when an alleged offense is committed against an alleged offense involves the alleged victim being related to the alleged offender through a dating relationship, family, or household membership, the alleged offender having been previously convicted of a violent offense against a family or household member, and the alleged offense being committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the other person by applying pressure to the other person's throat or neck or by blocking the other person's nose or mouth.
When assault family violence is committed against a family member two or more times in 12 months, it is known as continuous violence against the family under Texas Penal Code § 25.11, which is a third-degree felony. Assault family violence is a second-degree felony if an alleged offender commits assault and causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of the assault, but it becomes a first-degree felony when an alleged offender uses a deadly weapon during the commission of the assault and causes serious bodily injury to a family or household member.
A person who is convicted of assault family violence may be required to undergo counseling, but the two most common punishments are usually fines and imprisonment. Depending on how your charge shave been classified, you could face the following penalties:
● Class C Misdemeanor — Fine of up to $500
● Class A Misdemeanor — Fine of up to $4,000 and and/or up to one year in jail
● Third-Degree Felony — Fine of up to $10,000 and/or up to 10 years in prison
● Second-Degree Felony — Fine of up to $10,000 and/or up to 20 years in prison
● First-Degree Felony — Fine of up to $10,000 and/or up to 99 years or life in prison
When a person is accused of assault family violence in Collin County, they may have a number of different defenses depending on their particular situation. You will want to have an attorney conduct an independent investigation to determine the strongest possible defenses for you particular case.
Some of the most common kinds of defenses in assault family violence cases generally include:
● Lack of evidence
● Mistaken identity
● Protection of another person
● Protection of property
Collin County Council on Family Violence — The Collin County Council on Family Violence approved a new mission statement in 2017. It now states that it strengthens collaborative, professional partnerships and serves as a catalyst for a sustained movement against family violence in Collin County. Learn more about recent news and upcoming events on this website.
Family Violence Program | Texas Health and Human Services— Visit this website to learn more about the Family Violence Program, which promotes self-sufficiency, safety, and long-term independence of adult and child victims of family violence and victims of teen dating violence. All services are provided for free and there is no income verification for eligibility.You can also find a Family Violence Program Center.
If you were recently arrested for an alleged assault family violence offense in Plano or a surrounding area of Collin County, you cannot afford to wait in seeking legal representation. Get yourself an experienced criminal defense attorney as soon as you can.
The Law Offices of Richard C. McConathy is ready and able to provide an aggressive legal defense. You can have us discuss all of your legal options when you call (469) 304-3422 or contact us online to schedule a free consultation.