Increased Penalties for Assault Against a Family Member | TX

 Posted on August 30, 2024 in Violent Crimes

Almost a year ago, the state of Texas increased the penalties for assault against a family member under HB 1589. The bill increased the penalty for assault with bodily injury against a family member. While the offense is usually a Class A misdemeanor if the defendant has a prior conviction for violation of a protective order in a family violence case, assault against a family member can now be charged as a third-degree felony.

There are significant differences between a misdemeanor and a felony, not only in immediate legal penalties but also in adverse future consequences. While assault against a family member is a serious offense, the situation may not always be what it looks like to arriving law enforcement officers. It also may not entirely be the story one person tells the police.

The facts of the situation may be greatly exaggerated by a person who is angry and seeking revenge. Perhaps you did commit the offense, but there were extenuating circumstances, or you may be entirely innocent of the charges. No matter what, it is essential that you have an experienced Houston, TX, assault attorney from Murphy & McKinney Law Firm, P.C..

What Is Assault Against a Family Member?

Also known as domestic assault, assault against a family member in the state of Texas is a serious offense. Assault against a family member includes violence against anyone who lives with you. This can include those you are related to by blood, spouses, or anyone with whom you have or had a romantic relationship. Assault can be charged for any physical contact, even when there is no resulting injury. A believable threat of physical violence can also be considered assault. If the contact can be considered "offensive" or "provocative," you could be charged with domestic assault.

What Are the Potential Penalties for a Conviction of Assault Against a Family Member?

Assault against a family member is usually a Class A misdemeanor, but if you have a prior conviction of assault against a family member, the charge is automatically enhanced to a third-degree felony. If you have a prior conviction that involved suffocation or choking of the victim, the current offense may be charged as a second-degree felony.

Under the new law, if you have a prior conviction for violating a protective order in a domestic violence case, your misdemeanor charges will be automatically bumped up to a third-degree felony. Under Texas Penal Code Section 12.34, a third-degree felony can result in a prison sentence of two to 10 years and fines as large as $10,000.

What Are the Most Common Defenses for Charges of Assault Against a Family Member?

Your attorney will craft your defense specifically to the facts and circumstances surrounding your charges, so every defense is unique in some way. The most common defense to charges of assault against a family member is self-defense. If you used force in response to a reasonable belief that it was necessary to protect yourself or another, your lawyer may argue self-defense. You may be innocent entirely of the charges.  Perhaps another person in your household was angry with you, so they made up the allegations to "pay you back." If you are entirely innocent, your attorney may question the credibility of the "victim" or witnesses. Victims are sometimes pressured by the police to say things that might not be strictly true or have been exaggerated.

Contact a Houston, TX Assault/Family Violence Attorney

If you are facing assault charges, particularly assault against a family member, it is extremely important that you have a highly skilled Houston, TX assault defense lawyer by your side. Attorney Doug Murphy is the current President of the Harris County Criminal Lawyers Association. Since the penalties for this offense have significantly increased, your attorney may try to secure a plea deal to reduce your charges to a misdemeanor. Your specific situation will dictate the defense your attorney will prepare on your behalf. Contact Murphy & McKinney Law Firm, P.C. at 713-229-8333 to schedule a free consultation to discuss your charges.