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McKinney Assault Family Violence Lawyer
Assault family violence is usually charged as a Class A misdemeanor in Texas, and a few facts can turn it into a felony. Chiles McGuire Criminal Law defends assault family violence charges in McKinney and across Collin County.
In Texas, a family violence accusation is often charged as assault. That is also where the details change everything. The same accusation can be a Class C misdemeanor, a Class A misdemeanor or a felony depending on what the State alleges, what your history is and how an earlier case ended.
The firm’s case results include Aggravated Assault with a Deadly Weapon: Dismissed and Aggravated Assault on a Public Servant: Dismissed. Past results do not guarantee future outcomes.
What does the State have to prove?
Penal Code Section 22.01 describes three kinds of assault:
- Intentionally, knowingly or recklessly causing bodily injury to another, including your spouse
- Intentionally or knowingly threatening another with imminent bodily injury
- Intentionally or knowingly causing physical contact you know or should reasonably believe the other person will regard as offensive or provocative
The family violence part comes from the relationship. The statute points to the Family Code’s definitions of a dating relationship, family and household. Those cover more people than most expect: former spouses, parents of the same child, roommates and people who used to live in the household. See what counts as family violence in Texas.
What is the punishment range?
| What the State alleges | Level | Range under Penal Code Chapter 12 |
|---|---|---|
| Threat or offensive contact, Section 22.01(a)(2) or (3) | Class C misdemeanor (with listed exceptions) | Fine up to $500 |
| Bodily injury to a family or household member or dating partner, Section 22.01(a)(1) | Class A misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| Bodily injury plus a qualifying prior family violence conviction, Section 22.01(b)(2)(A) | Third degree felony | 2 to 10 years, fine up to $10,000 |
| Impeding breathing or circulation, Section 22.01(b)(2)(B) | Third degree felony | 2 to 10 years, fine up to $10,000 |
| Impeding breathing or circulation plus a qualifying prior, Section 22.01(b-3) | Second degree felony | 2 to 20 years, fine up to $10,000 |
| Two or more assaults causing bodily injury within 12 months, Section 25.11 | Third degree felony | 2 to 10 years, fine up to $10,000 |
Read more in when assault against a family member becomes a felony. Aggravated assault under Section 22.02 sits above all of these.
Why is a plea on the first case so risky?
Because the first case can become the prior that raises the second one. A guilty or no contest plea in return for deferred adjudication can count as a prior conviction for this purpose, even if you finished community supervision and the sentence was never imposed. The judge may also enter an affirmative finding of family violence, and a misdemeanor conviction can bring firearm bans under Texas and federal law.
Before you decide anything on a first offer, you should know what it does to the next five years, not just the next five weeks.
What happens to the order keeping you from home?
Many assault family violence arrests come with an emergency protective order. It’s separate from the charge and it starts working immediately. We address it alongside the case, because for many clients it is the most urgent problem on day one. Start with our main page on family violence and domestic violence defense, or call for a free consultation at 214-628-7292.
- Whether it was an assault at all
The State has to prove the charged conduct and the required state of mind. Family violence doesn't include defensive measures to protect yourself.
- Whether the relationship fits
The family violence label depends on a relationship the statute describes: family, household or dating. Dating is decided on length, nature, and the frequency and type of interaction.
- Whether a prior counts
A prior can raise the charge to a felony. We check what the prior was, who it involved and how it ended.
- Whether the evidence holds
We review the stop, the search, any statements and the witness accounts, and we conduct our own investigation.
FAQ
McKinney Assault Family Violence Lawyer Questions
Still have questions? Call for a free consultation.
Is assault family violence a felony in Texas?
Usually it starts as a Class A misdemeanor, with up to a year in jail and a fine of up to $4,000. It becomes a third degree felony with a qualifying prior family violence conviction, or when the allegation is impeding breathing or circulation. Both together make it a second degree felony.
What if I got deferred adjudication on the earlier case?
For this enhancement it can still count. Penal Code Section 22.01(f) treats a plea of guilty or no contest in return for deferred adjudication as a prior conviction, even if the sentence was never imposed and you were discharged from community supervision.
Can I be charged if there was no injury?
Yes. Section 22.01 also covers threatening someone with imminent bodily injury and offensive physical contact. Those are generally Class C misdemeanors. A Class C case can still carry consequences, so talk to a lawyer before you pay it or plead.
What if I was defending myself?
Section 71.004 says family violence doesn't include defensive measures to protect oneself. Whether that applies depends on the facts, so preserve anything that shows what happened, such as messages, photos and video, and don't explain it to anyone but your attorney.
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Assault family violence is usually charged as a Class A misdemeanor in Texas, and a few facts can turn it into a felony. Chiles McGuire Criminal Law defends assault family violence charges in McKinney and across Collin County.