Differences in Assault Family Violence and Domestic Violence

 Posted on December 05, 2024 in Criminal Defense

While the Texas legal system takes both domestic violence and assault family violence very seriously, there are specific differences between the two offenses, including differences in penalties. Both of these offenses bring their share of collateral consequences, including the social stigma of the charges. Avoiding a conviction is the goal, whether that is accomplished via a plea deal to a lesser charge or having the charges dropped altogether due to lack of evidence or other defenses.

It can be extremely helpful to have a strong legal advocate in your corner if you have been charged with assault family violence, or domestic violence. A Fort Worth, TX criminal defense attorney from The Dameron Law Firm can help ensure you have every legal advantage after being charged with either of these offenses.

Domestic Violence Charges in Texas

If you are charged with domestic violence, the term generally covers acts of violence or abuse committed against someone in your household. This can include a member of your family, a person you live with, or anyone that you have an intimate relationship with. While domestic violence can certainly include actual physical harm, threats of harm, or intimidation, it also includes other non-physical types of harm, including:

• Psychological abuse, including preventing another person from leaving, emotional blackmail, threats of violence, or preventing another person from having contact with friends and family members.

• Financial abuse, including preventing another person from working or receiving an education or controlling all the money in the household.

• Sexual abuse, including unwanted touching, rape, or sexual assault, as well as pressuring a partner into not using birth control or getting an abortion.

• Emotional abuse, including constant insults, denigration, and humiliating or embarrassing behaviors. Emotional abuse also includes verbal threats and behaviors like stalking meant to frighten and intimidate.   

• Technological abuse, including using texts or social media to bully, harass, or intimidate a partner.

Penalties for domestic violence charges will depend on the charges, which can range from a misdemeanor to a third-degree felony. A Class A misdemeanor can bring up to one year in county jail and fines as large as $4,000. If the domestic violence charges are for a repeat offense, or if actual physical harm resulted, a third-degree felony can be charged with the potential of two to 10 years in state prison and a fine as large as $10,000.

Assault Family Violence Charges in Texas

Assault family violence encompasses intentional or reckless acts that cause physical injury or a threat of injury to a family or household member. Unlike domestic violence, which can be emotional, psychological, financial, sexual, or physical, assault family violence either causes or intends to cause physical harm or bodily injury or creates a reasonable fear of imminent bodily injury or physical harm. Assault and sexual assault also fall under the umbrella of assault family violence.  

Penalties for assault family violence can vary widely, depending on the severity of the charges. While assault in general can range from a Class C misdemeanor to a second-degree felony, assault family violence is usually charged as a Class A misdemeanor or a second or third-degree felony.

If there is a pattern of ongoing violence against a family member or a prior conviction for family violence, charges will likely be elevated to a third-degree felony. Penalties for a Class A misdemeanor and third-degree felony are detailed above, while a second-degree felony can result in two to 20 years in prison and a fine as large as $10,000. Repeat offenders could be subject to the Three Strikes Law.

Contact a Tarrant County, TX Assault Family Violence Lawyer

If you have been charged with assault family violence, or domestic violence, you must take these charges very seriously. The judicial penalties are harsh, and other, non-judicial consequences can last for many years. Hiring a Fort Worth, TX assault family violence attorney from The Dameron Law Firm can make a difference in the outcome of your charges. Attorney Craig A. Dameron is a passionate criminal defense lawyer with more than 20 years of experience representing clients charged with criminal offenses. Contact The Dameron Law Firm at 817-222-0624 to schedule your free consultation to discuss your charges.