Strategic legal representation for individuals facing assault family violence charges in Houston, including misdemeanor and felony level allegations with long term consequences.
An assault family violence charge in Texas carries consequences that extend well beyond the courtroom. A conviction or even a deferred adjudication can permanently affect your right to possess a firearm, your standing in child custody proceedings, and your ability to pass background checks for employment and housing. Texas prosecutors treat these cases as a priority and pursue them aggressively, often regardless of whether the complaining party wants to proceed.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. He has handled assault family violence cases from both sides and understands how the state builds these charges, what evidence prosecutors rely on, and where that evidence can be challenged. Every case is evaluated individually from the first call.
Every assault family violence case turns on specific facts — the nature of the relationship between the parties, the circumstances of the alleged incident, the physical evidence available, and how law enforcement conducted its investigation. A thorough review of each of these elements is the starting point for building an effective defense.
Texas law gives prosecutors the power to pursue assault family violence charges even when the complaining party does not want to cooperate or has asked for the case to be dropped. The state, not the alleged victim, controls whether charges proceed. Our firm challenges the evidence, examines how the allegations arose, and ensures your full account of events is presented.
Assault family violence charges carry collateral consequences that many people do not anticipate when they are first arrested. These include:
Understanding these consequences from the beginning of your case changes how the defense is built.
Assault family violence charges arise when the alleged offense involves a spouse, romantic partner, household member, or family member. Texas courts treat these cases seriously; prosecutors often pursue charges even when the complaining witness later recants. Early legal intervention is critical to protecting your rights, your record, and your family.
Aggravated assault involves allegations of serious bodily injury or the use or exhibition of a deadly weapon. These are second-degree felony charges that carry 2 to 20 years in prison. Learn more about how we defend these charges.
→ Learn more about Aggravated Assault defense
Assault causing bodily injury is a Class A misdemeanor in most circumstances. When a family violence finding is attached, the long-term consequences escalate significantly. Learn more about how we defend these charges.
Assault family violence charges may be classified as:
The charge level and potential penalty depend on prior family violence history, whether a weapon was involved, and the specific circumstances of the alleged offense. Even a first-time misdemeanor conviction carries permanent consequences under Texas law, including the federal prohibition on possessing a firearm.
Penalty tiers:
A family violence finding attached to any of these charges is permanent and cannot be removed through expunction or nondisclosure.
Defense strategies may include:
