If you have been arrested for assault family member, then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a violent crime.
An Assault Family Member is like any other assault charge except that it is committed against a family member which is defined as anyone related to you by blood or marriage, including ex-spouses, a person with whom you have a child, live-in significant others, and anyone that you have or have had a romantic or intimate relationship with.
A misdemeanor assault involving family violence you could get up to one year in jail and/or a $4,000.00 fine. However, if you have a prior conviction, then the charge can be elevated from a misdemeanor to a felony. Also, if it is alleged that you impeded the breathing of the victim for even one second then you can be charged with a felony. A felony assault involving family violence you could get a maximum of 10 years in prison and/or a $10,000.00 fine.
Texas prohibits anyone who is the subject of an exparte order or domestic violence protective order from buying or possessing firearms, and an affirmative finding of family violence can have ramifications beyond the conviction.
If convicted of an assault is against a family member you will be excluded from purchasing firearms if the sale requires a federal background check. Also, Texas prohibits possession of a firearm by persons convicted of misdemeanor domestic violence for five years following release from confinement or community supervision.
(a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or (3) 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. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: …(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or (B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth; the person’s throat or neck or by blocking the person’s nose or mouth; …(6) a pregnant individual to force the individual to have an abortion. …(b-2) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: …(3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion.
(b) For purposes of this title, “dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of: (1) the length of the relationship; (2) the nature of the relationship; and (3) the frequency and type of interaction between the persons involved in the relationship.
“Family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
“Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.