Domestic and Family Violence in Texas

Protection from a Houston Criminal Lawyer

In Texas, Domestic and Family Violence charges are taken very seriously by Texas courts, prosecutors will move forward with a domestic or family violence case even if the alleged victim does not want to pursue the charge and has signed an Affidavit of Non-Prosecution and has changed or recanted their statement made to the police.

  • A Misdemeanor Assault is punishable by 1 day to 365 days in the County Jail, and/or $1.00 to $4,000.00 in fines. You can be charged with a Class "A" Misdemeanor if you cause bodily injury to another person; or you can be charged with a Class "C" Misdemeanor if you threaten another person with imminent bodily injury, or cause physical contact with another person when you know or should reasonably believe that the other person will regard the contact as offensive or provocative. Texas Penal Code §22.01

  • If you have a prior conviction for an Assault Family Violence; or if you impede the normal breathing or circulation of the blood by applying pressure to the throat or neck, or by blocking the nose or mouth of another person who meets the definition of the Texas Family Code, then you can be charged with a Third Degree Felony or Second Degree Felony.

  • You will be charged with an Aggravated Assault if you commit an Assault as defined in Texas Penal Code §22.01 and cause serious bodily injury to the other person; or use or exhibit a deadly weapon during the commission of the Assault. An Aggravated Assault is a Second Degree Felony which is punishable by 2 to 20 years in the Texas Department of Corrections, and/or a fine from $1.00 up to $10,000.00. Texas Penal Code §22.02

  • If you use a deadly weapon during the commission of the Assault and cause serious bodily injury to another person who meets the definition of the Texas Family Code, then you will be charged with a First Degree Felony.

Assaults which are classified as Domestic and Family Violence are the same as other Assaults except the charge is enhanced because the individuals involved are in a Household, Dating, or Family relationship as defined by the Texas Family Code.

Section 22.01 Assault. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: ...(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or71.005, Family Code; or (B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth; the person's throat or neck or by blocking the person's nose or mouth; …(6) a pregnant individual to force the individual to have an abortion. …(b-2) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: …(3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion.

Reliable Houston Domestic Violence Lawyer

My goal is always to resolve these cases as quickly as possible so you can get back to living a normal life. Even in cases where the charges appear to have some merit, I have been successful at having orders of protection amended to allow my clients to return home even while their case is pending, as long as there is no additional harm caused.

As a Houston criminal attorney, I have represented clients throughout the greater Houston area in a variety of complex domestic violence cases. I have been a lawyer for over 20+ years and have been serving clients in Texas since 2003. I have extensive experience handling cases involving violence between married couples, parent and child, siblings and individuals involved in a dating relationship.

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I Aggressively Defend The Rights Of The Accused Throughout The State Of Texas

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