Felony assault, also known as aggravated assault, is a serious crime that involves intentionally causing or attempting to cause serious bodily harm to another person.
In general, an assault is considered a felony if it involves a weapon, results in significant injury, or is committed with the intent to commit another crime, such as robbery, carjacking, rape, or sexual assault.
The definition of felony assault varies somewhat depending on the jurisdiction, but it typically involves an intentional act that causes a victim to fear for their safety or causes them physical harm.
Examples of felony assault may include:
- Using a weapon to attack someone.
- Severely beating someone with the intent to cause serious harm.
- Intentionally causing injury to a police officer or other public official.
Penalties for felony assault can include lengthy prison sentences, large fines, and a criminal record that can impact a person’s future employment and personal relationships.
If you have been accused of felony assault, it is critical to seek the advice of a qualified criminal defense attorney to help protect your legal rights and mount a strong defense.
Does Texas have Domestic Violence Laws?
Yes, Texas has domestic violence laws to protect victims of domestic abuse and hold perpetrators accountable for their actions.
In Texas, domestic violence is also referred to as “family violence” and is defined as an act by a member of a household or family against another member of the same household or family that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the victim in fear of imminent harm.
The following are some key provisions of Texas domestic violence laws:
- Family Violence Offenses: Under Texas law, family violence offenses are classified as misdemeanors or felonies, depending on the severity of the offense. The punishment for these offenses may include imprisonment, fines, counseling, and protective orders.
- Protective Orders: Protective orders are legal orders issued by a court that requires an abuser to stay away from a victim and cease all contact. Protective orders may also require the abuser to attend counseling or treatment programs.
- Mandatory Arrests: In Texas, police officers are required to make an arrest if they have probable cause to believe that family violence has occurred.
- Gun Restrictions: Individuals convicted of certain domestic violence offenses are prohibited from possessing firearms under both state and federal law.
- Criminal Penalties: Domestic violence offenses in Texas carry penalties, including jail time, fines, and a criminal record.
If you or someone you know is a victim of domestic violence in Texas, seek help from law enforcement, domestic violence advocates, and/or an experienced attorney who can provide guidance and support.
What Is Assault Against a Family Member?
Assault against a family member, also known as domestic violence or family violence, occurs when a person intentionally or recklessly causes bodily injury to a family or household member, threatens them with bodily injury, or engages in any physical contact to provoke or offend them.
Assault on a family member in Texas is a serious criminal offense with harsh legal consequences. The state takes domestic violence cases very seriously, and prosecutors aggressively pursue charges against those accused of domestic violence.
Under Texas law, an assault against a family member is typically classified as a Class A misdemeanor, which carries a potential punishment of up to one year in jail and a fine of up to $4,000. However, depending on the specific circumstances of the case, the charge may be enhanced to a third-degree felony, which carries a potential punishment of two to ten years in prison and a fine of up to $10,000.
When Does Assault Against a Family Member Become a Third Degree Felony?
Assault against a family member becomes a third-degree felony when the offense is committed against:
- A family or household member who has been previously subjected to domestic violence by the defendant,
- A family or household member who is pregnant at the time of the offense,
- A family or household member who is elderly or disabled and is injured as a result of the assault, or
- A family or household member who is strangled or choked during the assault.
It is important to note that even a first-time offense of domestic violence in Texas can result in serious legal consequences, including jail time, fines, and a criminal record. If you or someone you know is facing charges of assault against a family member in Texas, it is crucial to consult with an experienced criminal defense attorney who can help protect your legal rights and provide effective representation in court.
What Is the Punishment for Third Degree Assault on a Family Member in Texas?
In Texas, third-degree assault on a family member carries significant legal consequences. If a person is convicted of this offense, the punishment may include:
- Imprisonment: The convicted person may be sentenced to a term of imprisonment for two to ten years in state prison.
- Fines: The convicted person may also be ordered to pay a fine of up to $10,000.
- Probation: The court may also impose probation for a period of time, during which the convicted person must comply with certain conditions, such as attending counseling or treatment programs, refraining from contact with the victim, and submitting to regular drug and alcohol testing.
- Protective Orders: The court may also issue a protective order, which prohibits the convicted person from contacting the victim and may include other restrictions.
- Criminal Record: A conviction for third-degree assault on a family member in Texas will result in a criminal record, which can have long-lasting consequences, including difficulty obtaining employment, housing, and other opportunities.
If you are facing charges of assault on a family member in Texas, seek the assistance of a qualified domestic violence lawyer. A domestic violence lawyer can help protect your legal rights and provide effective representation in court. They can work to negotiate a plea deal or seek a reduced sentence, depending on the circumstances of your case. Additionally, a domestic violence lawyer can help you navigate the legal system and ensure that your case is handled with the utmost care and attention.
Should I Contact a Lawyer Regarding My Assault Charge?
If you or someone you know is facing charges of assault on a family member in Texas, it is crucial to seek the assistance of a qualified criminal defense lawyer who specializes in domestic violence cases.
Domestic violence charges can have serious legal, financial, and personal consequences, and it is essential to have an experienced and knowledgeable legal advocate by your side.
A criminal defense lawyer can provide a thorough analysis of your case, develop a strong defense strategy, and work tirelessly to protect your legal rights and ensure the best possible outcome for your case.
Don’t face domestic violence charges alone.
Contact a skilled Texas criminal lawyer today to schedule a consultation and get the help you need to protect your future.
LegalMatch can help connect you with qualified criminal defense lawyers in Texas who specialize in domestic violence cases. By providing your case details, LegalMatch can match you with the right lawyer who can protect you and help defend your rights in court.
