In Texas, criminal assault occurs when a person intentionally, recklessly, or knowingly does any of the following:
- Causes bodily injury to another person, including a family member;
- Threatens another person, including a family member, with imminent bodily injury; or
- Has physical contact with another individual and knew or should have known that the other person would consider the contact provocative or offensive.
So, for example, a person who violently shoves another person aside in the course of a heated argument, perhaps while in the course of leaving a room, can be guilty of a criminal assault. This would be especially true if the person were to fall and suffer an injury.
What Is Assault on a Family Member?
Texas law defines the crime of assault on a family member as follows:
- Any act of violence that is committed against a person with whom the perpetrator now has or had in the past a dating relationship;
- An act of assault that is committed against any member of the perpetrator’s household with whom the perpetrator has a blood relationship or within a romantic relationship;
- Abuse of a child in the household perpetrated by a member of the household.
These acts all include making another person fear that physical harm or sexual assault is imminent. They do not include acts in which a person engages in order to protect or defend themselves.
A person’s household is defined so as to include the following relationships:
- Past and current husbands and wives;
- The parents of a child who is not in a relationship or household;
- A foster child and parent;
- Both past and current co-residents;
- Relatives either by blood, marriage, or adoption;
- Past and current romantic partners.
A perpetrator could be charged with a third-degree felony offense if they have committed two or more assault crimes within one 12-month period. This would be charged as the crime of continuous violence against the family. A person who has been charged with a crime is a “defendant” in legal terminology.
Assault on a family member in Texas would be a kind of domestic abuse.
What Is Bodily Harm?
Again, the law in Texas defines bodily harm, also called “bodily injury”, as an injury that impairs a person’s health or comfort for a short time. Bodily harm includes the following:
- Serious cuts:
- Serious burns:
- Bruises;
- Other wounds.
A serious bodily injury is an injury that impairs a person’s health or comfort for an extended period of time. Serious bodily injury would include such injuries as the following:
- Serious disfigurement;
- Paralysis;
- Loss of limb(s).
What Is the Punishment for Assault on a Family Member Causing Bodily Injury?
If a person is convicted of an assault on a family member that involved threats of harm or provocative or offensive contact, it would be a class C misdemeanor. The punishment is payment of a fine of up to $500. If the perpetrator inflicts bodily injury on the victim, the punishment would be more severe. The crime increases to a class A misdemeanor. Conviction of a Class A misdemeanor can be punished by up to 1 year in jail and payment of a fine of $4,000.
If the assault involves injury, it is charged as a third-degree felony. This is because, for example, the perpetrator had prior convictions for 2 or more assault crimes within the previous 12 months or because the offense involved strangulation or suffocation, the punishment is more severe. The defendant could be sentenced to a minimum of 2 and a maximum of 10 years in prison and payment of a $10,000 fine.
Can I Be Charged With a More Serious Crime Involving an Assault on a Family Member?
If the violence against a family member involved choking or impairing their breathing, then the crime is charged as a third-degree felony. They will face the same punishment as if they have a prior conviction of assault on a family member.
A person who is found guilty of a felony of the third degree can be sentenced to imprisonment in the Texas Department of Criminal Justice for any term up to a maximum of 10 years. They must serve a minimum sentence of at least 2 years. The person can also be sentenced to payment of a fine of up to $10,000.
On condition that an assault causes serious bodily injury to the victim or involves a deadly weapon, even if the weapon is only exhibited and not used in the assault, a person can be found guilty of aggravated domestic assault. Again, for the purposes of this crime, serious bodily injury would be such an injury as a broken bone, loss of a limb, or an injury that requires surgery or hospitalization.
A deadly weapon would be an item such as a firearm, a large hunting knife, rope, or even a baseball bat or other large, heavy object that is capable of inflicting severe injury on a person.
If aggravated domestic assault involves a deadly weapon and causes serious bodily injury to the victim, the perpetrator can be convicted of a first-degree felony. Additionally, they can be sentenced to a prison term of from 5 to 99 years or life in prison and payment of a $10,000 fine. Any other aggravated domestic assault constitutes a second-degree felony, and a perpetrator who is convicted can be sentenced to serve from 2 to 20 years in prison and payment of as much as $10,000.
What Is the Statute of Limitations for Assault of a Family Member?
The statute of limitations for assault on a family member would be 3 years from the date of the offense.
Can Assault on a Family Member Be Expunged in Texas?
If a person has been convicted of a criminal offense, it cannot be expunged in Texas. If a person was convicted of a crime in Texas, they might qualify for a nondisclosure order to seal their record. It is important, however, to recognize that certain criminal offenses involving family violence are not eligible for a nondisclosure order either.
If a person is unsure whether they have a criminal history that would disqualify them from receiving a nondisclosure order, they should check their criminal history record. A person can obtain a copy of their Texas criminal history record from Identogo.
A person should also review their case file, if possible. A person’s criminal history record alone may not contain all the information they need to apply for a nondisclosure order. For example, a person’s criminal history record does not show whether they were required to register as a sex offender or whether any of their offenses involved family violence. A person would be able to obtain a copy of their criminal case file from the court that handled their case.
There may be an exception to ineligibility for a nondisclosure order in the case of a veteran who wishes to complete a veteran’s reemployment program. If a person is a veteran seeking nondisclosure for this reason, they should consult a Texas criminal defense lawyer for guidance in seeking a nondisclosure order.
Do I Need a Lawyer to Help Me With My Assault on a Family Member Charge?
Assume that you have been charged with assault on a family member in Texas or any other crime involving family or domestic violence. In that case, you want to consult an experienced Texas assault lawyer. LegalMatch.com can connect you to an experienced lawyer who can review your case, advise you of any defenses you may have, negotiate a plea, or represent you at trial if that should become necessary.
Texas courts treat crimes involving family and domestic violence unfavorably. You may never be able to expunge your criminal record or even get a nondisclosure order for your criminal record if it includes crimes of family or domestic violence. So, you want to involve a criminal defense attorney in protecting your rights and watching out for you.
