When a heated dispute between two people turns violent, one party may face assault charges. While there is no domestic violence statute in Texas, domestic assault is a form of family violence and is defined as an assault committed by an offender against one of their:
- Family members
- Household members
- Past or current dating or romantic partners
An assault act generally requires some form of threat or physical violence. In Texas, assault is defined under Sec. 22.01 as:
- Intentionally threatening to cause bodily harm to another person
- Intentionally causing bodily harm to another person
- Intentionally causing physical contact with another person, knowing that it will be seen as offensive or provocative by the other person
Domestic assault can range from a Class A misdemeanor to 1st degree felony (for aggravated domestic assault) depending on the severity of the crime. An aggressive domestic assault typically involves the use or a weapon and results in serious injuries. In Texas, a Class A misdemeanor can result in up to one year in jail and/or up to $4,000 in fines, while a first degree felony may result in 5 to 99 years in prison and up to $10,000 in fines.
Defending against domestic assault
Alleging domestic assault should always be taken seriously, but some people choose to falsely accuse someone of domestic assault to cause them difficulty. In such cases, it is important to clear your name to protect your reputation and avoid legal and lifelong consequences you do not deserve. An attorney experienced in handling domestic assault can help establish that the allegations brought against you were false by proving that you could not have committed the assault in the first place.
The defense strategy used in your domestic assault case will depend on a variety of factors, including your criminal history, the circumstances surrounding the alleged assault, and the evidence being brought against you. However, proving that the alleged perpetrator acted in self-defense or that there was police misconduct throughout the investigation are often successful defense strategies.