Assault and Family Violence

Assault and violence against family members is serious crime because of the implications of having an intention to harm a loved one. These are some of the most complicated and emotional types of criminal cases because of possible violence committed by one family member against the other. Texas law states that Family/Domestic Violence cases can be filed in any situation where an act of violence occurs between spouses, parents, children, siblings, dating partners, or any member of the household.

At Daniel Albert Law, we are always trying to alleviate the suffering of individuals who have been involved in a domestic violence incident. Contrarily, people falsely implicated in a domestic violence case also need to have their rights protected and have their lives free of persecution by the state.

We are cognizant of the attributes of an assault and family violence case. We are willing to help both parties reach an amicable solution or, if need be, take the fight to court on behalf of the defendant. There can be critical repercussions of an assault and family violence case, and we are the first to admit that we don’t want to let the involved parties suffer further.

Attributes of an Assault and Family Violence Case

According to Texas Penal Code Section 5, Offenses Against The Person, Section 22.01, the State of Texas must prove the following elements of Assault:

• Bodily Injury for Family Violence to have occurred beyond a reasonable doubt
• The person commits the offense of assault if they intentionally, knowingly, and recklessly caused bodily injury to another person.

There are long-term consequences for a crime involving a conviction for assault and family violence case. A Class A Misdemeanor conviction results from a domestic violence case with penalties in jail time and fines. However, if you are a repeat offender, you could face a third-degree felony conviction with a heavy jail term and fines. You will also be prevented from seeing your loved ones, and if a weapon was used in the altercation or a child was injured, there would be enhanced punishments—you from carrying firearms in the future.

A notable caveat here is if you have been arrested and charged with assault on a family member, you may still be prosecuted on criminal charges even if the party that brought the charges now wants to terminate the case or drop the charges.

Despite the “No Drop” policy, there are legal means to make sure that the result of an assault on a family case gets reduced or the case gets dismissed entirely, ensuring that your criminal record stays clean.