The state of Texas takes criminal charges seriously, particularly those involving violence. Among the various categories of violent crimes, assault and family violence stand out due to their severe consequences and the emotional and social ramifications for those involved. While both types of charges involve harm or the threat of harm to another person, they differ significantly in their definitions, legal procedures, and potential penalties. Understanding these differences is crucial for anyone facing such charges, as well as for their families and communities.
Firm Accolades
Defining Assault Under Texas Law
Assault in Texas is defined broadly, encompassing a range of actions that cause physical harm or threaten physical harm to another individual. According to Texas Penal Code Section 22.01, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another, threaten another with imminent bodily injury, or cause physical contact with another when they know or should reasonably believe that the other will regard the contact as offensive or provocative. This wide definition means that even actions that do not result in physical injury can be classified as assault if they involve a credible threat or unwanted contact.
Assault charges can vary in severity, with classifications ranging from Class C misdemeanors to second-degree felonies. The severity depends on several factors, including the nature of the incident, the extent of the injury, the use of a weapon, and the relationship between the parties involved. Simple assault, which might involve minor injuries or threats, is typically charged as a misdemeanor. However, aggravated assault, involving serious bodily injury or the use of a deadly weapon, is classified as a felony and carries much harsher penalties.
The Unique Aspects of Family Violence Charges
Family violence, also known as domestic violence, encompasses acts of violence between family members, household members, or intimate partners. Texas law defines family violence under the Texas Family Code Section 71.004. It includes any act by one family or household member intended to cause physical harm, bodily injury, assault, or sexual assault to another family or household member. Additionally, it covers threats that reasonably place the victim in fear of such harm.
What sets family violence apart from other types of assault is the relationship between the perpetrator and the victim. Family violence charges often arise from incidents involving spouses, former spouses, individuals in dating relationships, parents and children, or other relatives living together. The intimate nature of these relationships often means that family violence cases are more emotionally charged and complex than other assault cases.
Managing Partner Partner & Criminal Division Chief Criminal Division Senior Associate Criminal Division DWI Trial Chief Criminal Division Associate
Legal Procedures and Consequences
The legal procedures for assault and family violence charges can differ significantly. In assault cases, the prosecution must prove that the defendant acted intentionally, knowingly, or recklessly to cause harm or threatened harm to the victim. This often involves presenting evidence such as witness testimony, medical records, and any available surveillance footage.
In family violence cases, the prosecution must also establish the nature of the relationship between the parties involved. This can involve additional evidence such as police reports, protective orders, and records of previous incidents. The emotional dynamics of family relationships can complicate these cases, making it challenging for both the defense and the prosecution to present a clear narrative.
The consequences of a conviction for assault or family violence in Texas are severe and far-reaching. A misdemeanor assault conviction can result in fines, probation, and up to a year in jail, while a felony conviction can lead to significant prison time. Aggravated assault charges, particularly those involving deadly weapons or serious injury, carry even harsher penalties, including lengthy prison sentences.
Family violence convictions carry additional consequences beyond those for general assault. For instance, individuals convicted of family violence may face restrictions on their parental rights, including custody and visitation. They may also be subject to protective orders, which can limit their ability to contact or come near the victim. Additionally, a family violence conviction can have long-term implications for employment, housing, and other aspects of life, as it often carries a stigma that other types of assault charges do not.
"Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service." "Deandra Grant Law fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases." "Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."
- N. Coulter
- P. Williams
- M. Haley
Defending Against Assault and Family Violence Charges
Defending against assault and family violence charges in Texas requires a thorough understanding of the legal definitions, procedures, and potential defenses available. For assault charges, common defenses include arguing that the act was unintentional, that the defendant acted in self-defense, or that the allegations are false or exaggerated. In cases involving threats or offensive contact, the defense might argue that the contact was not intended to be offensive or that the threat was not credible.
Family violence cases can be more challenging to defend due to the mandatory arrest policy and the emotional context. Defenses might include demonstrating that the incident did not meet the legal definition of family violence, that the allegations are part of a custody dispute or other ongoing conflict, or that the defendant acted in self-defense. In some cases, the defense may present evidence of the victim’s history of making false accusations or other relevant background information.
In both types of cases, the involvement of an attorney is crucial. An experienced lawyer can help navigate the complex legal landscape, gather and present evidence, and advocate for the best possible outcome. They can also provide invaluable support and guidance throughout the legal process, helping defendants understand their rights and options.
Judge or Jury Trial? Choosing a Criminal Defense AttorneyRelated Videos
The Role of Protective Orders and Restraining Orders
Protective orders play a significant role in cases involving family violence. These orders are designed to protect victims from further harm by restricting the alleged perpetrator’s ability to contact or come near them. In Texas, protective orders can be issued as part of a criminal case or through a separate civil proceeding. They can include provisions such as requiring the defendant to stay away from the victim’s home, workplace, or school, and prohibiting any form of communication.
Violating a protective order is a serious offense and can lead to additional criminal charges, including contempt of court. For defendants, it is crucial to understand the terms of any protective orders and to comply fully to avoid further legal complications.
In contrast, restraining orders — often used interchangeably with “protective orders” in common parlance — typically arise in the context of divorce or custody cases. These orders may restrict certain actions by either party but are not necessarily tied to allegations of violence.
The Impact on Families and Communities
Assault and family violence charges have profound impacts not only on the individuals directly involved but also on their families and communities. Victims of family violence often experience long-term emotional and psychological effects, including trauma, anxiety, and depression. Children who witness family violence are at risk of developing behavioral and emotional problems, and they may struggle with feelings of fear, confusion, and guilt.
For those accused of assault or family violence, the impact of criminal charges can be equally devastating. A conviction can lead to loss of employment, social stigma, and the breakdown of familial relationships. Even without a conviction, the mere accusation can damage reputations and strain personal connections.
Communities also feel the effects of assault and family violence. These incidents can undermine the sense of safety and trust within neighborhoods and social networks. Efforts to address and prevent such violence require a coordinated approach involving law enforcement, social services, and community organizations.
Case Results
Seeking Help and Legal Representation
Navigating the complexities of assault and family violence charges in Texas requires not only a deep understanding of the law but also a compassionate approach to the human aspects of these cases. At Deandra Grant Law, we are committed to providing comprehensive legal support for individuals facing these serious charges. Our team understands the emotional and legal challenges involved, and we work tirelessly to defend our clients’ rights and achieve the best possible outcomes.
If you or a loved one is facing assault or family violence charges, it is crucial to seek legal representation as soon as possible. Early intervention by a knowledgeable attorney can make a significant difference in the outcome of your case. Contact Deandra Grant Law today for a consultation, and let us help you navigate this difficult time with the experience and compassion you deserve.