An assault charge can turn your life upside down overnight. When the case involves a family member, someone in your home, or a person you date or used to date, it is treated as family violence. That label can affect where you live, who you can talk to, and your record for years.
I have handled assault cases as a defense lawyer, heard cases as a judge, and reviewed them as a prosecutor. I know how these cases are built, and I can explain what is happening in plain English.
What you’re facing
Under Texas Penal Code §22.01, assault can mean causing bodily injury to another person, threatening someone with imminent bodily injury, or making physical contact that the person would find offensive or provocative.
In general:
- Assault causing bodily injury is usually a Class A misdemeanor. That can carry up to one year in jail and a fine.
- Assault by threat or offensive contact is usually a Class C misdemeanor, which is punished by a fine only.
- Family-violence assault can become a third-degree felony if the person has a prior family-violence conviction, or if the State claims the person impeded someone’s breathing or blood flow by pressure on the throat or neck or by blocking the nose or mouth. A third-degree felony carries 2 to 10 years in prison.
Texas law defines “family” and “household” broadly. It can include relatives, former spouses, people who have a child together, people who live together, and dating relationships.
Bond conditions and emergency protective orders
After an arrest for a family-violence offense, you will see a magistrate. The magistrate sets bond and may add conditions. In many cases, the magistrate can also issue a magistrate’s order for emergency protection. In some cases, such as when serious bodily injury or a deadly weapon is alleged, the order is required.
These orders and conditions can:
- Bar contact with the person named in the case, and sometimes with others in the household.
- Keep you away from a home, workplace, school, or child care center.
- Prohibit you from having a firearm.
An emergency protective order usually lasts at least 61 days and up to 91 days, and longer in some deadly-weapon cases. The order applies even if the other person wants contact. Violating it, or a related bond condition, can lead to a new criminal charge and to your bond being revoked.
What to do now
- Follow every condition exactly, even if you disagree with it and even if the other person reaches out to you.
- Do not send messages through friends, family, or social media. Indirect contact can still be a violation.
- Save records such as texts, call logs, photos, and emails. Do not delete anything.
- Do not talk with police or investigators about what happened until you have talked with a lawyer.
- Call me. If a condition keeps you out of your home or away from your children, ask me whether it can be reviewed.
How I can help
In a family-violence or assault case, I generally look at:
- What each witness said, and when they said it.
- The 911 call, body-camera video, and photos.
- Medical records and whether they match the accusation.
- Whether self-defense or defense of others may apply.
- Whether your bond conditions can be changed so you can work and care for your family.
I will tell you what I see in the evidence and what your options are. You make the decisions. I make sure you understand them.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
The other person does not want to press charges. Will the case be dropped? Not necessarily. In Texas, the State brings the case, not the other person. Their wishes can matter, but the prosecutor decides whether to go forward.
Can I go home after I bond out? It depends on your bond conditions and any protective order. If the order keeps you away from your home, you must follow it until a court changes it.
Is a protective order the same as the criminal case? No. A magistrate’s emergency order comes with the criminal case. A longer protective order can be sought in a separate civil case. What happens in one can affect the other.
Can a misdemeanor family-violence case affect my future? Yes. A family-violence finding can have lasting effects, and a prior family-violence conviction can raise the level of a later charge.
Talk with me about your case
Call me at (346) 366-7566 for a free consultation. Please call rather than putting details in an email or online form.