Houston Assault & Assault Family Violence Defense Attorney
What is considered assault under Texas law?
Under Texas Penal Code §22.01, assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another, threatens someone with imminent bodily harm, or engages in offensive physical contact.
What is “Assault Causing Bodily Injury”?
Defined by Texas Penal Code §22.01(a)(1), this offense involves causing physical harm to another person. It is typically charged as a Class A misdemeanor, punishable by:
- Up to 1 year in county jail
- Fines up to $4,000
What is “Assault Family Violence”?
Assault family violence refers to assault against a family member, household member, or someone in a dating relationship, as defined by Texas Family Code §71.004. Penalties vary:
- Class C misdemeanor for threats without physical contact
- Class A misdemeanor for bodily injury
- Third-Degree Felony for repeat offenses or aggravating factors
Felony convictions can result in 2–10 years in prison and fines up to $10,000.
What is “Assault Family Violence – Choking or Strangulation”?
Under Texas Penal Code §22.01(b)(2)(B), assault involving impeding normal breathing or circulation by applying pressure to the throat or neck—or blocking the nose or mouth—against a family or household member is a Third-Degree Felony, punishable by:
- 2–10 years in prison
- Fines up to $10,000
What additional consequences can occur after a conviction?
- Protective Orders: Courts often issue protective orders restricting contact with the alleged victim.
- Affirmative Finding of Family Violence: This finding makes any future family violence assault an automatic felony and permanently prohibits firearm possession.
Can an assault conviction affect my future?
Yes. A conviction can impact employment, housing, child custody, and your right to own firearms. It also creates a permanent criminal record unless successfully expunged or sealed.
How can a criminal defense attorney help with assault charges?
An experienced attorney can:
- Challenge the evidence against you
- Protect your constitutional rights
- Negotiate for reduced charges or dismissal
- Represent you in court
David Smith, Board Certified in Criminal Law by the Texas Board of Legal Specialization, has successfully defended clients facing assault charges throughout Houston and Harris County.
What should I do if I’m charged with assault or family violence in Texas?
Act quickly. Contact David Smith Law Firm, PLLC for a free consultation. We’ll review your case, explain your options, and fight for the best possible outcome.
