Family relations can be complicated. Situations can become heated and quickly escalate. When that happens, there could be allegations of assault/bodily injury and family violence. If you are charged with assaulting or injuring a family member, you could face severe criminal penalties.
Our lawyers at Cofer Luster Criminal Defense Lawyers have over 60 years of combined experience. The Texas Board of Legal Specialization has certified two attorneys in Criminal Law. We aggressively fight to protect the rights of individuals in Fort Worth, Texas. Our lawyers have extensive experience in numerous areas of criminal law.
Call (682) 777-3336 or contact us today to schedule a confidential consultation with a Fort Worth assault/bodily injury defense lawyer.
How Cofer Luster Criminal Defense Lawyers Can Help You With a Charge of Family Violence for Assault and Bodily Injury
Our legal team includes lawyers with experience in various criminal law areas. We have a former magistrate court judge, former prosecutors, a law professor, and a former federal public defender on our team. We are fierce trial lawyers and skilled negotiators.
When you hire our award-winning Fort Worth criminal defense attorneys, you can trust we will:
- Review with you the events that led to the family violence assault/bodily injury charges
- Investigate the circumstances of your arrest
- Explain your rights under Texas criminal statutes and explore various defense strategies for family violence and assault charges.
- Analyze the evidence the state intends to present in court, including confirming whether the state may have exculpatory evidence.
- File motions to dismiss and suppress evidence when applicable
- Defend your best interests during all court proceedings and negotiations for plea deals
- Provide ongoing support, legal advice, and guidance throughout your case
At Cofer Luster Criminal Defense Lawyers, we defend clients in all types of cases in Fort Worth, Texas, including complex state and federal charges. We work diligently to obtain the best possible outcome for our clients. Our criminal defense attorneys have received numerous awards and recognition, including Expertise.com and Top Attorneys Fort Worth Magazine.
Hiring an experienced criminal lawyer can make a difference in the outcome of your case. Call Cofer Luster Criminal Defense Lawyers to schedule a confidential consultation with a Fort Worth assault/bodily injury family violence lawyer.
How Does Texas Define Family Violence Involving Assault Causing Bodily Injury?
Family violence is often referred to as domestic assault or domestic violence. It involves causing harm or injury to a family member.
Family Member Defined
Family members are defined under the Texas Family Code as:
- Current and former spouses
- Children, including biological, adopted, and foster children
- Parents and siblings
- Other individuals related by blood or marriage
- People with whom a person shares a child
- People currently or previously involved in a dating relationship
- People living in the same household, regardless of their relationship
“Family members” include household members. Therefore, you could be charged with assault causing bodily injury to a family member if you assault a roommate, even though you are not romantically involved.
Assault Defined
Once you define whether the alleged victim qualifies as a “family member” to be charged with family violence, then you must determine whether the alleged actions rose to the level of assault, causing bodily injury. Texas Penal Code §22.01 defines assault as:
- Knowingly, intentionally, or recklessly causing someone bodily injury;
- Threatening someone with impending bodily injury; or,
- Engaging in physical conduct with someone with the knowledge or when you should have reasonably believed the person would consider the contact offensive.
You do not need to have physical contact to be charged with assault. Threatening a family member with bodily injury falls under the definition of assault. However, assault with bodily injury requires some type of injury.
The Texas Penal Code defines “bodily injury” as any illness, physical pain, or any impairment of physical condition. Therefore, the injury does not need to be serious to meet the definition of bodily injury. If the person experiences any level of pain, you could be charged with assault causing bodily injury.
What Are the Penalties for Family Violence Causing Bodily Injury?
Assault involving bodily injury of a family member is a wobbler offense. You could be charged with a misdemeanor or felony, depending on the circumstances.
Generally, the charge for a first-time offense of assault causing bodily injury to a family member is a Class A misdemeanor. The potential penalties for a conviction include:
- Maximum fines of $4,000
- Incarceration in county jail for up to one year
- Probation and community service
- Mandatory family violence prevention courses and/or anger management treatment
- Protective or restraining orders
Aggravating factors could result in a first offense being charged as a felony. Circumstances that can lead to a felony assault causing bodily injury to a family member include:
- Using a deadline weapon during the commission of the crime
- Having a criminal history of assault involving family members
- Suffocating or strangling the person during the assault
- This charge is your second offense
A third-degree felony could result in a maximum fine of $10,000 and two to ten years in state prison. Some situations could result in a second-degree felony charge, which carries a prison sentence of between two and 20 years.
Get Help With a Texas Family Violence Assault & Bodily Injury Charge
You do not have to face criminal charges alone. Our Fort Worth assault/bodily injury family violence lawyers at Cofer Luster Criminal Defense Lawyers can help. We defend you against the charges and fight to protect your rights as we help you navigate this challenging situation in Fort Worth, Texas.
