Understanding Assault Causing Bodily Injury Family Violence: Charges, Penalties, and Defense Options
If your charge paperwork reads “Assault Causing Bodily Injury Family Violence,” you have come to the right place to learn about your options. The bad news is that this is a very serious charge. Domestic assault, especially when it involves an alleged assault, is treated very harshly by Texas law. The good news is that under the right conditions, these charges can often be dismissed and your record expunged. In fact, this is the type of charge where I get the highest number of dismissals, for reasons that I will get into later.
There are some crucial details that will help determine how your case goes. 1. Is there real evidence of an assault, or just someone’s word? Evidence can include bruising, scratches, destruction of property, etc. 2. Is the alleged victim supportive of release? In many cases, the alleged victim does not want to “press charges.” Although this does not automatically mean the prosecutors will stop pursuing the case, it can help in that direction. 3. Is there a history of violence? First-time offenders are treated much differently than repeat offenders.
Of course, every case is different, and other factors may be important. If you have been charged in Central Texas, you can reach out to ATX Legal for a free consultation with an experienced criminal attorney.
Definition and Penalties
Assault causing bodily injury to a family member is a serious offense in Texas, punishable by up to a year in jail and a $4,000 fine. Assault causes bodily injury family violence is treated with particular severity within the criminal justice system due to the relationships involved and the potential for ongoing harm. This offense is classified as a Class A misdemeanor, but it can be elevated to a felony depending on prior convictions or the severity of the injury. Texas law defines family violence as an act intended to result in physical harm, bodily injury, assault, or a threat that reasonably places a family member in fear of imminent physical harm. The offense can result in a misdemeanor or felony conviction, with penalties including jail time, fines, probation, and a permanent record.
The Texas Penal Code takes family violence very seriously due to the potential ongoing threat to the safety and well-being of the victims. If a person has been previously convicted of any family violence offense, subsequent charges can be elevated to a felony. Additionally, if the assault causes serious bodily injury, the charges may be upgraded to aggravated assault, carrying even harsher penalties. The law aims to protect victims and deter repeat offenders by imposing strict consequences.
Types of Serious Bodily Injury
Bodily injury is defined as physical pain, illness, or impairment of physical condition. When an assault causes bodily injury, especially in family violence cases, it can lead to more severe charges and harsher penalties due to the nature of the relationships involved. Serious bodily injury can lead to more severe charges, including aggravated assault. Any amount of pain, no matter how slight, is enough to constitute bodily injury. Physical contact can be considered assault if it is viewed as provocative or offensive. Assault cases can result when intentionally, knowingly, or recklessly causing bodily injury.
Serious bodily injury encompasses injuries that cause substantial risk of death, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. This includes injuries like broken bones, deep lacerations, or severe bruising. Understanding these distinctions is crucial for both defendants and victims as they navigate the legal system. In cases where physical contact is minimal but still provocative or offensive, it can still meet the threshold for assault, demonstrating the broad scope of what constitutes bodily injury under Texas law.
Family Violence and Imminent Bodily Injury to another
Family violence charges can include physical harm, bodily injury, assault, or threats that reasonably place a family member in fear of imminent physical harm. Assaults involving a person’s spouse are particularly significant, as they highlight the legal implications of bodily injury or threats made within a marital relationship. Related offenses include domestic assault, assault family violence, and aggravated assault. The relationship between the victim and assailant is crucial in determining the charges. Family members can include spouses, parents, children, and other relatives.
The Texas Family Code specifies that family members include those related by blood or marriage, individuals who have or had a dating relationship, and persons living together in the same household. This broad definition ensures that all forms of family relationships are protected under the law. Domestic assault charges can arise from various scenarios, including disputes between spouses, altercations between parents and children, and conflicts among siblings. Understanding these relationships is essential in the prosecution and defense of family violence cases.
Defenses and Strategies
Possible defenses to assault causing bodily injury to a family member include self-defense, defense of others, and lack of intent. An assault conviction can have serious long-term repercussions, affecting employment opportunities, educational admissions, and housing rentals. An experienced defense attorney can help develop a strategy to raise these defenses in an assault case. Gathering mitigation materials and attending classes or performing community service can make a difference in the outcome of the case. A skilled attorney can help navigate the complexities of Texas assault laws.
In addition to these defenses, demonstrating a lack of credible evidence or highlighting inconsistencies in the alleged victim’s testimony can be pivotal. Mitigation materials, such as character references and evidence of rehabilitation efforts, can be presented to show the defendant’s positive contributions to society. Attending anger management or domestic violence prevention classes can also demonstrate the defendant’s commitment to change, potentially leading to more favorable outcomes like reduced charges or alternative sentencing.
The Legal Process
After an arrest for assault causing bodily injury to a family member, a case will be forwarded to a local district attorney’s office for review by a criminal prosecutor. If a case is accepted for prosecution, a person will be formally charged with assault causing bodily injury to a family member and required to make an appearance in court. Assault charges can also include threats of imminent bodily injury, which is treated as a distinct category of assault under Texas law. The process can take several months to a year or more to resolve. It’s essential to have an experienced attorney representing you throughout the process.
During this period, pre-trial motions, plea negotiations, and potential trial preparations will occur. The defendant may also be subject to protective orders or other court-mandated restrictions. An experienced attorney will work to protect the defendant’s rights, potentially negotiate plea deals, and prepare a robust defense strategy. Understanding the timeline and procedural steps is crucial for defendants to manage their expectations and make informed decisions.
Jail Release and Bond
In some cases, a person may be eligible for a personal bond or a reduced bond amount. The faster an attorney can review the case and prepare a personal bond, the higher the likelihood of jail release. However, the decision to grant a personal bond is ultimately up to the judge. An experienced attorney can help navigate the bond process and advocate for a reduced bond amount. Travis County will often grant a Personal Bond (aka personal recognizance bond or PR bond) for no charge other than a small administrative fee. However, they will usually get input from the complaining witness before granting such a bond.
The bond process involves a judge evaluating the risk of the defendant fleeing, the nature of the alleged crime, and the defendant’s criminal history. An attorney can present arguments for a lower bond by highlighting the defendant’s ties to the community, employment status, and lack of flight risk. Navigating this process effectively can significantly impact the defendant’s ability to prepare for their case outside of jail, maintain employment, and support their family during the legal proceedings.
The Importance of a Strong Defense
A strong defense is crucial in assault causing bodily injury to a family member cases. Understanding the classification of misdemeanor assault charges, such as a Class B misdemeanor, which involves threats or offensive contact towards a sports participant, highlights the importance of a strong defense. An experienced defense attorney can help develop a strategy to raise defenses and mitigate the consequences of a conviction. A conviction can result in serious penalties, including jail time, fines, and a permanent record. It’s essential to invest in a strong defense to protect your rights and interests.
A robust defense not only addresses the immediate charges but also considers the long-term implications of a conviction. For example, you should have a good understanding of the family violence finding before pleading guilty to any charge. This includes potential impacts on employment, housing, and family relationships. An attorney experienced in family violence cases can navigate the complexities of the legal system, identify weaknesses in the prosecution’s case, and advocate for the best possible outcome. Investing in a strong defense is an investment in your future, ensuring that your rights are protected and your voice is heard.
Frequently Asked Questions
Is assault causing bodily injury to a family member a felony in Texas?
Not always, it depends on the severity of the injury and prior convictions. A first-time offense without serious bodily injury is typically charged as a Class A misdemeanor. However, if there are aggravating factors, such as previous convictions or serious bodily injury, the charges can be elevated to a felony.
Can the victim drop assault causing bodily injury to a family member charges in Texas?
Yes, but it’s ultimately up to the prosecutor to decide whether to pursue the case. The prosecutor has the discretion to continue with the charges regardless of the victim’s wishes, especially in cases where there is strong evidence of family violence.
What are the penalties for assault causing bodily injury to a family member in Texas?
Penalties can include up to a year in jail and a $4,000 fine for a Class A misdemeanor. If the charges are elevated to a felony, the penalties can be much more severe, including longer prison sentences and higher fines.
What is a Class C misdemeanor in Texas?
A Class C misdemeanor is the least serious type of misdemeanor in Texas. It is punishable by fines up to $500 and does not carry the possibility of jail time. Class C misdemeanors typically involve minor offenses such as threats or offensive contact.
Conclusion
Assault causing bodily injury to a family member is a serious offense in Texas with severe penalties. It’s essential to understand the charges, penalties, and defense options available. An experienced defense attorney can help navigate the complexities of Texas assault laws and develop a strong defense strategy. If you’re facing charges of assault causing bodily injury to a family member, it’s crucial to invest in a strong defense to protect your rights and interests. Reach out to ATX Legal for a free consultation with an experienced criminal attorney to discuss your case and explore your options.