Felony Assault on Family Member in Texas (2024)

Committing a felony assault is a serious crime. Committing a felony assault on a family member can make it a domestic violence issue and could result in even worse penalties than a standard felony assault. The state takes family violence matters very seriously, and you could face severe, life-changing penalties for your assault charge if you were to be convicted in a court of law. A felony assault on a family member in Texas could cause you serious penalties.

Felony Assault on a Family Member

In Texas, assaulting a member of your family is considered a criminal offense, and you could be facing a significant third-degree felony conviction. If convicted on a third-degree felony charge, you could face up to ten years in prison and a hefty fine of up to $10,000. If the offense involved some form of suffocation, you could be charged with a second-degree felony, which could see you facing a potential 20-year prison sentence.

Committing an assault on a family member, which includes a member of your immediate household or a former spouse, could see you facing significant prison time if you have a history of domestic violence in your past.

Defenses Against Family Violence

If you are ever arrested for committing a felony assault on a family member, you should immediately insist on speaking with a defense attorney. Together, you and your lawyer can start working on building your defense strategy, which could incorporate one or more of the following potential defenses into your case:

• It wasn’t you. Perhaps the simplest defense you could possibly go with is the simple fact that you didn’t do it. To go with this defense, your lawyer will have to help you figure out a credible alibi to establish your whereabouts at the time of the assault. If there is incriminating evidence of you at the scene, such as a 911 call with your voice on it or witnesses, it can be difficult to use this one.
• Lying. It is entirely possible that the family member in question was lying to the police that you committed an assault on them. If your defense strategy is built on this idea, your lawyer will need to determine the consistency of your story and whether the victim’s injuries support your version of events. If they can establish a pattern of the victim lying in the past, it would help.
• Accident. If it is undeniable that you were present at the time of the assault, you may be able to claim that you did indeed assault the victim, but it was a complete and total accident. To go with the accident defense, your lawyer will have to prove your story’s consistency, among other important factors in the case.
• Self-defense. Claiming self-defense can be difficult, as it will require a lot of moving parts to work in tandem. The victim will have had to admit to using violence, your story will have to add up, you may have to prove any defensive injuries you may have endured, and any inconsistencies may seriously hurt your case.
• Investigative errors. It may not be wise to rely solely on errors made by the police, but if there were any made, you could likely use them to poke holes in the investigative procedure. If the police did not read you your rights upon arrest, you were denied the right to counsel, there was no probable cause, or evidence was not properly collected, it could really help your case.

FAQs

Q: What Makes an Assault a Felony?

A: An assault charge rises from a misdemeanor to a felony in Texas if it meets certain criteria that make a violent situation considerably worse. These criteria can include the use of a deadly weapon, an assault on a protected class like a family member or a police officer, or if the assault resulted in severe bodily harm to the victim. In all of these cases, the charge can be raised to a felony.

Q: What Is the Most Effective Defense Against an Assault Charge?

A: There are many different effective defenses you can use to fight an assault charge. One of the strongest might be self-defense, depending on the situation surrounding your case. Claiming that you only acted in an attempt to protect yourself or somebody else can add a degree of potential sympathy to your case that might be able to help you in the long run, especially if you have evidence that supports the claim.

Q: How Much Is Bail for Assault on a Family Member?

A: The amount that a judge will set as bail for someone who has assaulted a family member will be dependent entirely on the details of the case. The lower the charge, the lower the bail, for the most part. In certain cases, the judge may decide not to allow bail at all, especially if the alleged assaulter has a history of family violence and past criminal convictions. It depends entirely on the circumstances of the case at hand.

Q: What Is the Penalty for Offenses Against the Family?

A: The penalty for offenses against the family in Texas depends on the nature of the assault charge against the alleged perpetrator. If the defendant is charged with a misdemeanor assault, they could be looking at a year in jail and a fine of $4,000. If the charge is raised to a third-degree felony, the maximum penalty could be 10 years in prison and a fine of $10,000.

Contact a Criminal Defense Lawyer Today

If you are ever charged with committing a felony assault against a member of your family, the potential conviction you might be facing could change your life forever. A criminal conviction could impact your employment options, and your housing situation and change your personal relationships for the worse. It is vital that you hire a defense lawyer to help you figure things out.

The legal team at Greco Neyland, PC, can help you decide on your next steps. We can help you build your defense strategy, gather evidence that supports you, and make sure your rights are protected throughout this process. Contact us to schedule a consultation with a team member soon.