Experienced Family Violence Criminal Defense in Tarrant County and the Dallas – Fort Worth Area
The most frequently charged family violence offense is Assault Bodily Injury Family Violence. Due to the violent nature of the offense and intimate relationship between the accuser and the accused, an experienced criminal defense attorney is needed to combat the anticipated aggressive prosecution. The Tarrant County Criminal Defense Attorneys with Sloane Law Firm are ready to fight for you!
Assault Causing Bodily Injury Family Violence Explained – Texas Penal Code § 22.01(a)(1)
What is Assault Causing Bodily Injury Family Violence?
Pursuant to Texas Penal Code § 22.01(a), a person commits Assault Causing Bodily Injury Family Violence if the person intentionally, knowingly, or recklessly causes bodily injury to a family or household member, or against a person the actor is or was in a dating relationship with.
What is Bodily Injury under Assault Bodily Injury Family Violence?
Bodily injury is defined under Texas Penal Code § 1.07(a)(8) as physical pain, illness, or any impairment of physical condition.
Your future is at stake—do not hesitate to contact the Sloane Law Firm
Assault Bodily Injury Family Violence Punishment Range
What is the Punishment Range for Assault Causing Bodily Injury Family Violence?
Assault Causing Bodily Injury Family Violence is a Class A Misdemeanor, punishable by up to one year in the county jail and a fine up to $4,000.
Additionally, a person may be eligible for community supervision probation. A defendant may be placed on deferred adjudication probation or post-conviction probation for up to two years for Assault Causing Bodily Injury Family Violence.
To learn more, visit Tarrant County Misdemeanor Criminal Defense Attorney.
What is a Family Violence Finding in Assault Bodily Injury Family Violence?
When is the Court required to make a family violence finding?
Texas Code of Criminal Procedure Article 42.013 requires an affirmative finding of family violence if the facts show that the offense involved family violence as defined by the Texas Family Code.
What is considered family violence?
Pursuant to Texas Family Code § 71.004, family violence is an act by a member of a family or household against another member that is intended to result in or that is a threat that reasonably places the member in fear of physical harm, bodily injury, assault, or sexual assault or dating violence.
Who is considered a family member for family violence purposes?
Under Texas Family Code § 71.003, family includes individuals related by blood or marriage, individuals who are former spouses, individuals who are the parents of the same child, and a foster child and foster parent.
Who is considered a household member for family violence purposes?
Under Texas Family Code § 71.005, a household is a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. The term household member also includes a person who previously lived in a household.
What is considered dating violence for family violence purposes?
Pursuant to Texas Family Code § 71.0021, dating violence is an act by a defendant that is committed against a victim with whom the defendant has or had a dating relationship or because of the victim’s marriage to or dating relationship with an individual with whom the defendant is or has been in a dating relationship or marriage and is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of physical harm, bodily injury, assault, or sexual assault.
What is considered a dating relationship for family violence purposes?
Dating relationship is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the persons involved. A causal acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship.
What are the consequences of an affirmative family violence finding?
An affirmative family violence finding has devastating lifelong consequences, such as loss of second amendment rights to own, possesses, or purchase firearms, future exposure to possible criminal punishment enhancements, and unique impacts on probation eligibility and conditions.
Common Assault Bodily Injury Family Violence Defenses
Even if your actions meet the legal elements necessary to support a conviction for assault bodily injury family violence, you may have a legal defense to protect you. Common assault bodily injury family violence defenses include:
- Self-Defense (Texas Penal Code § 9.31) – A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use of force.
- Defense of Others (Texas Penal Code § 9.33) – A person is justified in using force against another to protect a third person if the actor would be justified in using force to protect themselves against the unlawful force he seeks to protect the third party from and if intervention is immediately necessary.
- Protection of Property (Texas Penal Code § 9.41) – A person is justified in using force against another when and to the degree necessary to protect one’s property.
How to Fight - Contact Us for a Free Consultation with our Tarrant County Assault Bodily Injury Family Violence Criminal Defense Attorneys
If you or a loved one are facing assault bodily injury family violence, you need experienced criminal defense representation. A conviction carries severe consequences, such as loss of freedom, enhanced criminal liability, and a life-long criminal record. The Tarrant County Family Violence Criminal Defense Attorneys with Sloane Law Firm are here for you!
Our Tarrant County Family Violence Criminal Defense Lawyers have helped thousands of clients fight assault related offenses in Tarrant County and throughout the greater Dallas – Fort Worth Area, such as: