Domestic Assault

One of the most frequently charged criminal offenses in Texas is spousal abuse or domestic assault. Domestic assault charges can arise from many situations, including arguments escalating out of control, child custody disputes, or heated divorce proceedings.

A conviction for domestic abuse or spousal assault can lead to serious repercussions, including jail or prison sentences, loss of an ability to own or possess a firearm, negative impression on a person’s reputation, loss of certain employment or educational opportunities, a criminal record and/or fines.

Houston Domestic Assault Attorney

If you have been charged with a domestic assault offense in Houston, contact Matt Horak Attorney at Law. Matt Horak is knowledgeable in all areas of Texas domestic violence laws, including domestic assault offenses, and will make every effort to fight the allegations against you. Call the law office of Matt Horak for a consultation about your alleged domestic assault at (713) 225-8000 in Harris County and the surrounding counties in Texas.

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Texas Domestic Assault Laws

Texas’ statute regarding domestic assault or battery is the same as the basic assault statute. According to the Texas Penal Code § 22.01, domestic assault occurs when an individual:

• Knowingly, intentionally or recklessly causes bodily injury to their spouse;
• Knowingly or intentionally threatens their spouse with immediate bodily injury; or
• Knowingly or intentionally causes physical contact to their spouse when they knew or should reasonably believe their spouse considers the contact offensive or provocative.

Under Tex. Penal Code § 22.02, aggravated domestic assault occurs when an individual commits an assault against their spouse and causes either:

• Serious bodily injury to their spouse, or
• Uses and exhibits a deadly weapon during the assault.

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Penalties for Domestic Assault in Texas

Domestic assault or battery charges that result in bodily injury to their spouse can lead to a conviction for a class A misdemeanor, which can result in a jail sentence up to one year and/or fines not more than $4,000.

Domestic assault or battery charges that arose from threats of bodily injury causing offensive physical contact can result in a conviction for a class C misdemeanor. This offense is punishable by a fine up to $500.

If the alleged offender commits the domestic assault against a family member and has previously been convicted of a violent offense against the family member, they can be charged with a felony of the third degree. This degree of felony can result in a prison sentence from two to ten years and/or a fine not more than $10,000.

If the alleged offender commits the offense by strangling their spouse or family member, or otherwise stops the normal breathing or blood circulation of their spouse by applying pressure to the neck or throat or blocking their nose or mouth, they can be charged with a felony of the third degree. This offense is punishable by a sentence ranging from two to ten years in prison and/or a fine up to $10,000.

If the alleged offender commits the offense by strangling their spouse or family member, or otherwise stops the normal breathing or blood circulation of their spouse by applying pressure to the neck or throat or blocking their nose or mouth, and they have previously been convicted of a violent offense against the person, they can be charged with a felony of the second degree. This offense is punishable by a prison sentence from two to 20 years and/or a fine up to $10,000.

A conviction for aggravated domestic assault is a felony of the second degree and punishable by two to 20 years in prison and/or a fine not more than $10,000.

If the alleged offender uses a deadly weapon during the domestic assault and causes serious body injury to their spouse, they can be charged with a felony of the first degree. A conviction for this degree of offense can result in five years to 99 years in prison and/or a fine not exceeding $10,000.

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Matt Horak Attorney at Law, PLLC | Houston Domestic Assault Defense Lawyer

Contact the law office of Matt Horak today for a consultation about your alleged domestic assault charge in Houston, Texas. It is important to hire an experienced Houston domestic violence attorney who will make every effort to help you avoid the most serious penalties and repercussions to your charges. Contact Matt Horak Attorney at Law at (713) 225-8000 for a consultation about your domestic assault charges in Harris County and surrounding counties, including Fort Bend County, Waller County, Liberty County, Montgomery County, Brazoria County, and Galveston County, Texas.