When Can a Person Be Charged With Domestic Assault in Texas?

Domestic assault is a serious criminal charge in Texas aimed at addressing harmful or threatening behavior between family members, household members, or those in dating relationships. Understanding when and how these charges can be brought against an individual is crucial. It allows people to be aware of their rights and responsibilities under the law and to recognize behaviors that might lead to legal action.  

Domestic Violence Crimes in Texas

Domestic assault in Texas refers to any act of violence perpetrated against individuals who have a specific relationship with the defendant. The relationships considered when classifying an assault as “domestic” include current or ex-spouses, current or former dating partners, parents of the defendant’s child, children of a current or ex-spouse, foster children or parents, and other blood or adopted relatives. 

Individuals sharing a living space, such as roommates, also fall under this category. Under Texas law, there are three main types of domestic violence offenses

Domestic Assault

Domestic assault involves any act of aggression, including physical violence or verbal threats, directed at someone in a close relationship with the accused. These relationships can include family members, household members, or individuals in a romantic relationship.

Aggravated Domestic Assault

If an assault results in serious injury or involves the use of a deadly weapon, it is classified as aggravated domestic assault under Texas law. This type of offense is more severe due to the potential harm inflicted on the alleged victim.

Continuous Violence Against the Family

When someone has been repeatedly involved in domestic assault incidents, even without a conviction, they may face charges of continuous violence against the family. This designation applies if there have been at least two assaults committed by the accused.

If you violate any of these laws, you can be arrested for domestic violence in Texas. It’s also important to know that even if the alleged victim doesn’t want to go forward with the charges, it isn’t up to them. Only the prosecutor can decide to drop the charges.

Penalties for Domestic Assault in Texas

In the state of Texas, the consequences for domestic assault can vary significantly based on the details of the incident and any past offenses. Charges can range from a Class A misdemeanor to a third-degree felony.

Class A Misdemeanor Penalties

For those facing a Class A misdemeanor, the punishment may involve up to one year in a county jail and fines reaching $4,000.

Third-Degree Felony Penalties

If someone is charged with a more severe offense, such as a third-degree felony, they could face a prison term of 2 to 10 years along with fines up to $10,000.

Additional Consequences of Domestic Violence Conviction

Beyond criminal penalties, a conviction for domestic violence carries other serious repercussions. Individuals lose the right to possess or own firearms, enforced under both Texas law and federal regulations. 

Fortunately, these rights can be regained at some point after the full sentence is served, including any parole period. It’s crucial to understand these potential outcomes, as they can have long-lasting effects on a person’s life. 

The Importance of Working With a Criminal Defense Lawyer

Facing domestic assault charges in Texas is a serious matter, and having the right legal support can make a significant difference. Here’s why it’s so important:

Understanding Your Charges

A skilled criminal defense lawyer will help you understand the specific charges against you, clearly explaining what they mean for your case. They will clarify the potential outcomes and penalties, ensuring you are well-informed every step of the way.

Building a Strong Defense

A criminal defense lawyer will thoroughly investigate the evidence, identify potential weaknesses in the prosecution’s case, and develop a solid defense strategy. Their expertise is crucial in negotiating plea deals or seeking to reduce or dismiss charges when applicable.

Offering Emotional Support

Legal proceedings can be stressful. A good lawyer provides legal assistance, reassurance, and support. They understand the emotional toll and strive to reduce your anxiety by answering your questions and keeping you up to date.
If you need help because you’re facing domestic assault charges in Texas, don’t hesitate to reach out to us today to schedule a free consultation with a criminal defense lawyer.

For more information, please contact the domestic violence law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve Tarrant County and Fort Worth, TX surrounding areas.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101, Fort Worth, TX 76102