Were you recently charged with family violence assault in Fort Worth, Texas—and do you already have a prior conviction? This situation can be especially serious under Texas law. A second offense can quickly escalate to harsher penalties, lengthy jail time, and a permanent criminal record.
Cofer Luster Criminal Defense Lawyers is here to help. We know the Texas legal system and the local Fort Worth courts. Call (682) 777-3336 or contact our Fort Worth domestic violence lawyers today for a consultation.
How Cofer Luster Criminal Defense Lawyers Can Help With Your Family Violence Assault Charge in Fort Worth, TX
Facing a family violence assault charge more than once is no small matter. This charge can result in a felony conviction, steep fines, and damage to your personal life.
Our team at Cofer Luster Criminal Defense Lawyers has 60 years of combined experience handling criminal defense cases, including those involving family violence. Our lawyers include former prosecutors, a former magistrate judge, a former federal public defender, two board-certified attorneys, and a law professor.
Our Fort Worth domestic violence attorneys focus on:
- Investigating your case
- Pushing for evidence
- Negotiating skillfully
- Preparing for trial
- Protecting your rights at every stage
We understand that family violence cases can be emotionally complex. Our firm wants to guide you through each step with respect and clear communication, giving you the best chance at a positive outcome. Get in touch with us today in Fort Worth, TX, to schedule a consultation.
A Brief Overview of Family Violence Assault in Texas
Texas Penal Code § 22.01 addresses assault offenses. When the alleged victim is a family or household member—like a spouse, ex-spouse, roommate, or romantic partner—the charge may be labeled “family violence.” A person commits a family violence assault if they intentionally, knowingly, or recklessly cause bodily injury to a family or household member, or against a person the actor is or was in a dating relationship with.
A first offense for assault causing bodily harm to a family member often starts as a Class A misdemeanor. But if you have a previous family violence conviction, the new charge can become a third-degree felony. This higher level of offense means more intense consequences, such as longer jail terms or larger fines.
Additionally, if a weapon was involved or the victim was choked or suffocated, the case might escalate further, possibly into a second-degree felony. Texas law aims to punish repeat domestic violence offenders severely, believing they pose a risk of future harm.
Potential Penalties for Family Violence Assault With a Prior Conviction
Because your new charge involves a prior conviction, you face harsher penalties than a first-time defendant.
Penalties for a third-degree felony in Texas can include:
- 2 to 10 years in prison
- Up to $10,000 in fines
- Possible probation (community supervision), but with strict conditions
Felony convictions also carry collateral consequences:
- Difficulty finding jobs due to a felony record
- Loss of certain rights, such as owning firearms
- Restrictions on professional licenses if your field requires background checks
The consequences of a domestic violence conviction can affect your life well beyond the courtroom. That’s why a dedicated legal defense is so important—especially if you feel your circumstances haven’t been fully heard.
Defenses to Family Violence Assault in Texas
A subsequent assault charge is serious, but defenses may apply.
Depending on your situation, we might argue:
- Self-defense: You only used force because you felt threatened or were protecting someone else from harm.
- False accusations: In some volatile relationships, one party may exaggerate or fabricate claims.
- Accidental injury: The alleged victim might have been hurt unintentionally. Proving a lack of intent can refute the assault element.
- Insufficient evidence: Police reports might rely on contradictory witness accounts or questionable physical evidence.
- Violation of rights: If officers carried out an illegal search or seizure, or lacked proper cause to arrest you, that evidence may be suppressed.
Each defense depends on the unique facts of the case. Our criminal defense lawyers work diligently to reveal weaknesses in the prosecution’s narrative and highlight any exonerating factors.
Call a Fort Worth Domestic Violence Defense Attorney for Help With Family Violence Assault Charges
If you’re facing family violence assault in Fort Worth, Texas, and have a prior conviction on your record, the stakes are high. Avoiding a second conviction—especially a felony—can save you from jail, large fines, and a permanent mark on your criminal history.
Cofer Luster Criminal Defense Lawyers is here to support you and guide you through your legal case. Our Fort Worth domestic violence lawyers are here to stand up for your rights, challenge questionable evidence, and guide you to a resolution that protects your future. Don’t wait—contact us today and let us start building your defense.
