Is Assault on a Family Member a Felony in Texas?
In Texas, assault is a serious crime that can have severe consequences, including imprisonment. But what happens when the assault is committed against a family member? Is it considered a felony, and if so, what are the penalties? In this article, we’ll explore the laws surrounding assault on a family member in Texas and provide guidance on what you can expect if you’re facing these charges.
Is Assault on a Family Member a Felony in Texas?
YES, assault on a family member can be a felony in Texas. Under Texas Penal Code Section 22.01, assault is defined as an intentional, unlawful threat or attempt to use physical force against another person. If the assault is committed against a family member, such as a spouse, child, or parent, the consequences can be more severe.
Types of Assault on a Family Member
There are two types of assault on a family member in Texas:
- Assault causing bodily injury: This type of assault involves intentionally, knowingly, or recklessly causing bodily injury to a family member.
- Assault with a prior relationship: This type of assault involves intentionally, knowingly, or recklessly threatening or using physical force against a family member, including a spouse, child, or parent.
Penalties for Assault on a Family Member
The penalties for assault on a family member depend on the specific circumstances of the case. Here are some possible penalties:
| Charge | Penalty |
|---|---|
| Assault causing bodily injury (Class A Misdemeanor) | Up to 1 year in jail and/or a fine up to $4,000 |
| Assault with a prior relationship (Class A Misdemeanor) | Up to 1 year in jail and/or a fine up to $4,000 |
| Assault causing serious bodily injury (Third-Degree Felony) | 2-10 years in prison and/or a fine up to $10,000 |
| Aggravated assault with a prior relationship (Second-Degree Felony) | 2-20 years in prison and/or a fine up to $10,000 |
Factors that Increase the Penalty
Several factors can increase the penalty for assault on a family member, including:
- Prior convictions: If you have a prior conviction for assault or domestic violence, the penalty can be more severe.
- Injury to the victim: If the assault causes serious bodily injury to the family member, the penalty can be more severe.
- Use of a weapon: If a weapon was used during the assault, the penalty can be more severe.
- Presence of children: If there were children present during the assault, the penalty can be more severe.
Defenses Against Assault Charges
While it’s illegal to assault a family member, there are some defenses that may be available:
- Self-defense: If you reasonably believed that you were in imminent danger of harm and used force to protect yourself, you may be able to use a self-defense argument.
- Defense of others: If you were defending another person, including a child or elderly family member, you may be able to use a defense of others argument.
- False allegations: If the family member making the allegations against you is fabricating the story, you may be able to present evidence to support your innocence.
Conclusion
Assault on a family member is a serious crime in Texas, and the penalties can be severe. If you’re facing charges for assaulting a family member, it’s essential to understand the laws and potential defenses available to you. Consulting with an experienced criminal defense attorney can help you navigate the legal process and achieve the best possible outcome. Remember, if you’re in a situation where you’re being abused or threatened by a family member, there are resources available to help you, including the National Domestic Violence Hotline (1-800-799-7233) and the Texas Department of Family and Protective Services (DFPS).
