Aggravated Domestic Assault
It’s common for families to experience conflict in their everyday lives. In some cases, arguments can become heated and unfortunately escalate to domestic assault. In the state of Texas, domestic assault is a crime of violence that involves any kind of physical abuse towards a family or household member. Facing charges of domestic assault conviction can be one of the most frightening experiences an individual can ever face.
An accusation of domestic assault is bad enough, but a conviction of aggravated domestic assault is even more serious. An individual convicted of aggravated domestic violence could face a second-degree felony punishable by a prison sentence of up to 20 years and up to $10,000 in fines. It’s also important to note that consequences for these violent crimes go beyond jail time. Individuals convicted of aggravated domestic assault can also lose employment, housing opportunities, and child custody rights.
Houston Aggravated Domestic Assault Attorneys, TX
Violent crime accusations could impact both your personal and professional life significantly. If you were arrested for an alleged aggravated domestic assault crime in the Houston area, you need a committed and experienced criminal defense attorney that will protect your rights. Attorney Matt Horak at Horak Law has aggressively defended clients in court for over 17 years.
Houston criminal defense lawyer Matt Horak represents individuals in communities throughout Liberty County, Brazoria County, Galveston County, Montgomery County, Waller County, Fort Bend County, and Harris County. Don’t face the judge and prosecutor alone. Call us today at (713) 225-8000 to schedule a free, no-obligation consultation.
- Family Violence Charges in Texas
- Domestic Assault in Texas
- Penalties for Aggravated Domestic Assault in Texas
- Additional Resources for Aggravated Domestic Assault
Under the Texas. Family Code § 71.004, family violence is an act committed against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault. The statute defines the term “household” as a unit composed of individuals living together in the same dwelling. They are either related by blood or affinity, such as a marriage. Household members that can be subject to violence in the family include:
- Aunts and uncles
- Spouses and ex-spouses
- Foster children and foster parents
Domestic assault, known as family violence, can be any physical contact such as grabbing, pushing, or hitting. The crime can occur with or without bodily injury. Domestic assault can also involve threats of physical intimidation. Texas Law defines three crimes under the umbrella term of domestic violence, these include: domestic assault, aggravated domestic assault, and continuous violence against the family.
According to Texas Penal Code § 22.01, a person commits domestic assault if they:
- Intentionally, knowingly, or recklessly causes bodily injury to another family or household member, including the person’s spouse.
- Intentionally or knowingly threatens another family or household member with imminent bodily injury, including the person’s spouse.
- Intentionally or knowingly causes physical contact with another family or household member when the individual knows or should reasonably believe that the other will regard the contact as offensive or provocative.
A conviction for first-time domestic assault is a Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000. If the alleged defendant has been charged previously with the same offense, the punishment is a third-degree felony under Texas law. A third-degree felony is punishable by 2 to 10 years in prison and a fine up to $4,000.
According to the Texas Penal Code Sec 22.02, the prosecution may enhance a domestic assault charge if it can be proved that the alleged defendant:
- Intentionally, knowingly, or recklessly caused serious bodily injury to another, including the person’s spouse; or
- Intentionally, knowingly, or recklessly utilized or exhibited a deadly weapon during the commission of the assault.
In the state of Texas, an aggravated domestic assault is classified as a second-degree felony punishable by a prison sentence of up to 20 years and up to $10,000 in fines. However, the charge can escalate to a first-degree felony if the defendant uses a deadly weapon during the act causing serious bodily injury.
A serious bodily injury is defined as a bodily injury with a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ. An individual that commits serious bodily injury against a family member can include severe head injuries, broken bones, and even disfigurement. Likewise, a deadly weapon is defined as any object, such as a firearm or knife, that could cause death or substantial injury to the victim.
Charges of continuous violence against the family can occur if an individual commits two acts of domestic violence within a twelve-month period.
The Family Violence Program – The Family Violence Program promotes self-sufficiency, safety, and long-term independence of adult and child victims of family violence and victims of teen dating violence. The program provides emergency shelter and supportive services to victims and their children. Visit the website to view services for survivors of family violence.
Texas Department of Family and Protective Services – The Texas Department of Family & Protective Services provides information on child protective services (CPS) and foster care. Visit the website to report child abuse and neglect or exploitation of the elderly with disabilities living at home. You’ll also learn more about how to recognize signs of abuse.
Houston Domestic Violence Lawyer | Texas Aggravated Domestic Assault Attorney
If you have been charged with aggravated domestic assault in Houston, it’s time to obtain experienced legal counsel. Our Texas criminal defense attorneys at Horak Law have the skills and experience necessary to protect your rights in the face of criminal charges. We are prepared to represent you in court.
Horak Law defends those charged with domestic violence all throughout the greater Houston area, and surrounding areas including The Woodlands, Humble, Conroe, Spring, Tomball, Baytown, Pasadena, Cypress, Katy, Sugar Land, Pearland, Galveston, and Missouri City. If you need an attorney who will fight aggressively, contact Horak Law today at (713) 225-8000. Our domestic violence lawyers will provide you with a free, initial consultation.