If you've been arrested for assault family member in League City or anywhere in Galveston County, one of the first questions is: how serious is this?
The answer depends on what's alleged and on your history. How these cases are classified is generally the same all over the state of Texas, so let's go through how the levels work.
There's no separate "assault family member" statute
All the assault charges in Texas are under Chapter 22 of the Texas Penal Code. There's regular assault, assault family member, and aggravated assault, but they're all under Chapter 22.
Technically, there isn't a separate statute for assault family member. What happens is a regular assault is charged in the charging document, like an information or an indictment, and then the court makes an affirmative finding that the assault was committed against a family member, somebody you've been in a dating relationship with, or somebody you lived with.
That finding is what makes the difference.
Why the family violence finding matters
The biggest differences between a regular assault and an assault family member case are that assault family member cases enhance, and they cannot be non-disclosed.
With a regular assault, say two strangers get into it at a bar, you might get deferred probation, which ends without a conviction, and then you could get that non-disclosed, meaning sealed from public view. With an affirmative finding of family violence, you can't get a non-disclosure.
There's also a firearms issue. Under Texas law, you cannot possess a firearm for five years after an assault family member conviction. Under federal law, you can never again possess a firearm.
Class C: a ticket, but still serious
Technically, there's a Class C family member assault that is only a $500 fine. It's a ticket. But it's still a serious case, and it can still be used to enhance future offenses.
Class A misdemeanor
The first level of a family violence case filed in county court is a Class A misdemeanor. That's up to one year in jail, up to a $4,000 fine, and probation for up to two years.
Third degree felony
An assault family member case can become a third degree felony in a few ways:
- Strangulation. Strangulation can make a very first offense a third degree felony.
- A prior. If you have a prior conviction or a prior deferred probation for assault family member, even on a Class C, and you get a new case involving bodily injury against a family member, it can be a third degree felony.
- Two incidents in 12 months. Two incidents of bodily injury within a 12-month period can be a third degree felony.
Second degree felony
If a deadly weapon is used, it's called aggravated assault family member, and that's a second degree felony. A prior conviction or prior deferred for assault family member, followed by a new arrest for strangulation of a family member, can also be a second degree felony.
First degree felony
Without any punishment enhancements, the only way a family violence case gets to a first degree felony is aggravated assault with a deadly weapon, family violence, causing serious bodily injury.
Before any conviction: protective orders and bond conditions
Penalties aren't the only consequences, and some start right after the arrest.
Protective orders in criminal cases are normally called a magistrate's order of emergency protection or an emergency protective order. They can be granted without a hearing and are told to the defendant after the arrest. Most of the time, they say that for 61 days you can't go home and can't have any contact with the complaining witness. Sometimes they'll only prohibit offensive contact. If a deadly weapon is involved, they may last 91 days.
Bond conditions often do just about the same thing, imposing no contact with the complaining witness. The problem with bond conditions is that they last the entire case unless the judge changes them, and only the judge can amend them.
Even if the complaining witness says the next day that it didn't happen the way they first said, these orders and conditions are still going to apply until the case can be looked at by a prosecutor.
A charge that shows up around the holidays
Anytime there's a holiday, there's an increase in these cases. That's not only because family violence happens when families get together. It's also because sometimes it's reported when it wasn't actually committed. People get mad and report a family violence incident they later regret reporting. Family violence is the number one type of case for the complaining witness to change their mind about wanting to prosecute.
Building a defense
If you were injured because you were defending yourself, those injuries need to be documented with photos and medical treatment. Bruises that weren't visible to police at the scene can turn darker over the next couple of days and then brownish or yellowish, and photos of all of that matter. Letters of recommendation can help show you're not someone who flies off the handle, and self-defense is a possibility to explore.
These cases have severe, long-lasting ramifications, which is why understanding the levels, and what moves a case up or down, matters from the start.
This post is for educational purposes only and is not legal advice.