Austin Assault Family Violence Lawyer
No family is perfect, we all have experienced domestic disputes. However, once the police are called out to a domestic violence call, they intend to arrest the more “culpable” one upon arrival. Assault family violence charges are one of the most overly charges offenses because they often involve two different accounts of the alleged assault. Even if the alleged victim wants to “drop the charges,” prosecutors have “no-drop” policies in place.
An assault family violence charge is a very serious matter with devastating consequences on an individual’s life. A conviction can affect your employment, your immigration status, your ability to rent an apartment, limit your ability to own a firearm, and more importantly your freedom. Texas Penal Code §22.01 defines domestic assault as:
Intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
A household member or someone the offender is currently dating or dated in the past, includes:
- a current or former spouse
- a child of a current or former spouse
- a person with whom the offender has a child or children
- a family member of the offender by blood, marriage, or adoption
- someone with whom the offender lives, ex. roommate.
Most cases of assault family violence offenses are Class A misdemeanors, however, depending on the circumstances, the prosecutor may file the charge as a felony. A Class A misdemeanor is punishable by up to 1 year in county jail and a fine not to exceed $4,000.
Aggravated Domestic Assault Charge
A person commits aggravated assault in Texas if he:
intentionally, knowingly or recklessly causes serious bodily injury to another person, or uses or exhibits a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive. (Tex. Penal Code Ann. §22.02.)
If the defendant commits an aggravated domestic assault with a deadly weapon and causes serious bodily injury to the victim, the crime is a first degree felony. Any other aggravated domestic assault is a second degree felony.
You Need an Experienced Assault Family Violence Attorney On Your Side
These cases require a pro-active strategy immediately to start gathering evidence on your behalf. If you have been charged with an assault family violence charge, call The Law Office of Diana E. Buss immediately for a free case evaluation. (512) 626-6117.