Assault of a Family Member
If you’ve been accused for domestic violence, or assault on a family member, talk with Houston criminal attorney Mario Madrid as soon as possible.
While family relations are some of the most sacred in life, severe consequences await if those family relationships become violent. Texas defines a “family member” in a broad way, making it possible for a person to be charged with the assault of a family member even if the two parties are not related. A skilled Houston criminal attorney like Mario Madrid can protect the rights of a person who is charged with any kind of assault.
Assaulting a family member falls under the domestic assault category and is cited at Texas Penal Code §22.01. Domestic assault occurs when a person intentionally or knowingly:
- Causes bodily injury to another, including the person’s spouse
- Threatens another with imminent bodily injury
- Causes physical contact with another when the person knows (or should reasonably know) that the other person will consider the contact to be offensive or provocative
Domestic assault can also incorporate other crimes, based on the facts and circumstances of the case. For example, it may be considered aggravated assault, terroristic threatening, continuous family violence, repeat offender family violence, sexual assault, violation of a protective order or stalking.
Texas law defines a “family member” in the traditional sense as someone who is related to another by blood or marriage. This category includes a former spouse, parents of the same children, stepparents and even foster parents. A “family member” can also be anyone who resides in the home or previously resided in the home, such as a roommate.
Potential Punishments for the Assault of a Family Member
The type of punishment that a defendant can potentially receive depends on the circumstances of the case. If bodily injury or offensive physical contact is threatened, a person can receive a Class C misdemeanor conviction and a fine of no more than $500. A person who causes bodily injury can receive a Class A misdemeanor conviction, which entails a fine up to $4,000 and a one-year jail sentence.
A second offense can cause a person to be convicted of a third-degree felony, a two to 10-year prison sentence and a fine up to $10,000. If the charge is elevated to aggravated domestic assault, the defendant can receive a second-degree felony conviction, which may result in a prison sentence between two and 20 years and a fine up to $10,000. If the person used a deadly weapon, he or she may be imprisoned for up to 99 years.
Talk to an Houston Criminal Attorney
To schedule a complimentary and thorough evaluation of your assault case, reach out to the criminal defense lawyers of Madrid Law by calling 713-877-9400.
A skilled domestic assault Houston criminal attorney will consider every possible defense, including self-defense and any mitigating factors. A plea bargain may be available for some defendants with the assistance of Houston criminal attorney Mario Madrid.