Houston Family Violence Assault Attorney

Understanding Family Violence Assault in Texas

Family violence assault represents a specialized category of criminal charges under Texas law, combining traditional assault elements with enhanced penalties and consequences due to the relationship between the parties. These cases are prosecuted aggressively in Houston and throughout Harris County, often regardless of victim cooperation.

Legal Definition Under Texas Law

Family Violence is defined by Texas Family Code Section 71.004 as:

• An act by a family or household member intended to result in physical harm, bodily injury, assault, or sexual assault
• A threat that reasonably places the family or household member in fear of imminent physical harm or sexual assault
• Abuse committed against a child in the family or household

Who Qualifies as Family or Household Members?

Protected Relationships Under Texas Law:

• Current or former spouses
• Parents and children (biological, adopted, or step-relationships)
• Dating partners (current or former romantic relationships)
• Roommates and household members
• Foster families and guardianship relationships
• Persons related by consanguinity or affinity (blood or marriage)

Types of Family Violence Assault Charges

Class A Misdemeanor Family Violence (Most Common):

• Intentionally, knowingly, or recklessly causing bodily injury to family member
• Enhanced penalties compared to non-family assault
• Potential jail time up to 1 year
• Fines up to $4,000

Third-Degree Felony Enhancement:

• Prior family violence conviction on record
• Strangulation or impeding breathing/circulation
• Assault against family member who is elderly or disabled

Second-Degree Felony (Aggravated Assault with Family Violence):

• Serious bodily injury to family member
• Use of deadly weapon during family violence
• 2-20 years prison sentence possible

Enhanced Penalties for Family Violence

Why Family Violence Carries Harsher Sentences

Legislative Intent: According to the Texas Legislature, family violence laws were enhanced to address the cyclical nature of domestic abuse and protect vulnerable family members from escalating violence.

Enhanced Punishment Ranges:

First Offense Class A Misdemeanor:

• Up to 1 year in Harris County Jail
• Fines up to $4,000
• Mandatory domestic violence counseling
• Loss of firearm rights under federal law

Second Offense (Felony Enhancement):

• Automatic third-degree felony (2-10 years prison)
• Even if previous offense was misdemeanor
• No statute of limitations for enhancement
• Mandatory minimum 30-day jail sentence

Continuous Violence Against Family:

• When two or more family violence acts occur within 12-month period
• Third-degree felony regardless of individual act severity
• Enhanced punishment for pattern of abuse

Federal Consequences

Gun Rights Impact: Under federal law (18 U.S.C. § 922), family violence convictions result in:

• Lifetime prohibition on firearm possession
• Career impacts for law enforcement and military personnel
• Hunting license restrictions
• Security clearance revocations

Why Choose Cory Roth Law Office

Specialized Family Violence Experience

Comprehensive Understanding:

• Dual certification in criminal defense and family law implications
• Experience with protective order proceedings
• Understanding of victim psychology and trauma
• Knowledge of intervention programs and alternatives

Proven Results:

• Multiple family violence dismissals based on false accusation defense
• Successful self-defense claims in mutual combat cases
• Protective order modifications and dismissals
• Alternative sentencing agreements avoiding jail time

Sensitive Client Relations

Family-Centered Approach:

• Understanding of complex family dynamics
• Confidential consultations with both parties when appropriate
• Referrals to family counseling and intervention services
• Coordination with child custody and divorce attorneys