Being charged with assault on a family member in Texas can have serious, life-altering consequences. These charges are aggressively prosecuted, and the penalties are often more severe than those for other assault cases. From potential jail time to the lasting impact on your parental rights, family violence allegations require an experienced legal team.
At the Law Offices of Richard C. McConathy, we understand what’s at stake. With over 35 years of experience defending clients against domestic violence charges in Dallas and across North Texas, our team has the knowledge and track record to protect your rights and freedom.
Our attorneys have secured hundreds of dismissals and “not guilty” verdicts in criminal cases throughout our practice. If you’re facing family violence charges, don’t wait to get legal help.
Speak with our criminal defense lawyers now, call (972) 528-0481 for a free consultation.
How Texas Law Defines Assault on a Family Member
Texas law treats family violence cases with particular severity. Under Texas Penal Code §22.01 and Texas Family Code §71.004, assault on a family member (often called domestic violence or family violence) involves:
- An intentional, knowing, or reckless act
- That causes bodily injury, threatens imminent bodily harm, or involves physical contact that would reasonably be considered offensive or provocative
- Against a family or household member or someone in a dating relationship with the accused
The definition of “family member” in Texas is broader than many people realize and includes:
- Spouses (current or former)
- Parents, children, and other blood relatives
- People related by marriage (in-laws)
- Foster parents and foster children
- Roommates or household members
- Anyone you’re dating or have dated in the past
💡 Many defendants are surprised to learn that Texas defines “family member” broadly—including roommates, foster parents, and ex-partners—so even a minor argument with someone you live with could trigger serious legal consequences.
The legal distinction between general assault and family violence is significant because family violence charges carry enhanced penalties and additional collateral consequences that can affect many aspects of your life.
Misdemeanor vs. Felony Assault in Texas
Family violence charges in Texas can range from misdemeanors to serious felonies, depending on several factors:
Class C and Class A Misdemeanors
A first-time assault family violence offense without serious injury is typically charged as either:
| Classification | Description | Maximum Punishment |
|---|---|---|
| Class C Misdemeanor | Involves offensive touching or threats without physical injury | Fine up to $500 |
| Class A Misdemeanor | Involves bodily injury (first offense) | Up to 1 year in county jail and/or fine up to $4,000 |
Case Example: Our client was charged with Class A Misdemeanor Assault – Family Violence after an argument with his spouse escalated. The alleged victim claimed our client pushed her during the dispute. Through careful investigation and negotiation with prosecutors, we were able to have the case dismissed. (Dallas County, M1222720)
Third-Degree Felony Assault
Family violence assault can be elevated to a third-degree felony if:
- There’s a previous conviction for family violence
- The assault involved choking or impeding breathing (strangulation)
A third-degree felony carries 2-10 years in prison and a fine of up to $10,000.
First-Degree Felony (Aggravated Assault)
When family violence involves:
- Serious bodily injury, or
- Use of a deadly weapon during the assault
These cases can be charged as first-degree felonies carrying 5-99 years in prison.
Case Example: Our client faced an Aggravated Assault with a Deadly Weapon charge in a family violence context, which would have meant years in prison if convicted. After thorough investigation and preparation for trial, we were able to secure a dismissal of all charges. (Dallas County, F1300346)
What Elevates Charges to a Felony?
Several factors can raise a family violence case from a misdemeanor to a felony in Texas:
Prior Convictions
⚠️ Important: A second family violence conviction will automatically be charged as a third-degree felony, even if both incidents involved relatively minor injuries.
If prosecutors can prove you have a previous conviction for domestic violence, even if it occurred years ago, a new charge will be enhanced to a felony.
Choking or Strangulation Allegations
Allegations of impeding breath or circulation (choking or strangling) automatically elevate the charge to a third-degree felony, even for first-time offenders.
Prosecutors aggressively pursue these cases because research from the Texas Council on Family Violence shows that strangulation is often a predictor of more serious violence.
Use of a Deadly Weapon
Using or exhibiting a deadly weapon during a family assault elevates the charge to aggravated assault (second-degree or first-degree felony). A deadly weapon can include:
- Firearms
- Knives
- Household objects used in a manner capable of causing serious injury or death
- Even hands, in some circumstances
Continuous Family Violence
Under Texas Penal Code §25.11, if you’re accused of committing two or more acts of family violence within a 12-month period, you can be charged with Continuous Family Violence, a third-degree felony, even if none of the individual incidents resulted in an arrest or conviction.
Accused of assault on a family member? Speak with our Dallas criminal defense lawyer now.
Additional Consequences of a Family Violence Conviction
Beyond jail time and fines, a family violence conviction in Texas triggers numerous additional consequences:
Protective Orders and No-Contact Conditions
During the pendency of a family violence case, courts routinely issue emergency protective orders that can:
- Prohibit contact with the alleged victim
- Require you to vacate your home
- Prevent you from going near the victim’s workplace or child’s school
- Restrict your movements and communications
Violating these orders can result in additional criminal charges, regardless of the underlying case’s outcome.
Firearm Restrictions (Federal & Texas Law)
A conviction for family violence—even a misdemeanor—can have permanent consequences under federal law, including a lifetime prohibition on owning or possessing firearms or ammunition under 18 U.S.C. § 922(g)(9). This restriction applies regardless of the severity of the offense or whether a jail sentence was imposed. In addition, Texas state law imposes its own limitations, further restricting firearm possession for individuals with a family violence conviction, which can affect your ability to obtain or renew a concealed handgun license or legally purchase a weapon in the future.
Impact on Employment and Housing
Many employers run background checks, and a family violence conviction can:
- Disqualify you from certain jobs, especially in teaching, healthcare, or government
- Prevent you from obtaining professional licenses
- Make finding housing difficult, as landlords often screen for domestic violence convictions
Immigration Consequences
For non-citizens, a family violence conviction is considered a “crime of moral turpitude” that can:
- Make you deportable
- Prevent naturalization
- Affect visa status
Custody and Family Law Implications
Family violence convictions have serious implications in family court:
- May result in limited or supervised visitation with your children
- Can be grounds for termination of parental rights
- Are considered in child custody determinations
- Can affect spousal support decisions
Common Legal Defenses
Our defense attorneys at the Law Offices of Richard C. McConathy explore various defense strategies in family violence cases:
Self-Defense
Texas law recognizes your right to defend yourself from violence, even against family members. If you used reasonable force to protect yourself from an imminent threat, this may constitute a valid defense.
Hypothetical Scenario: John’s wife attacked him with a kitchen knife during an argument. John pushed her away to defend himself, causing her to fall and sustain minor injuries. When police arrived, they arrested John based on his wife’s initial statement, but self-defense would be a strong argument in this case.
False Allegations / Lack of Evidence
Unfortunately, false allegations can arise during contentious divorces, custody disputes, or other family conflicts. Our attorneys thoroughly investigate to expose inconsistencies in the accuser’s story and establish the truth.
Case Example: Our client was accused of assault family violence by his spouse during divorce proceedings. By demonstrating inconsistencies in the alleged victim’s statements and presenting evidence of motive for false allegations, we secured a dismissal. (Dallas County, M14-23336)
Mutual Combat or Misidentification
In chaotic or emotionally charged domestic situations, it’s not always immediately clear who initiated the violence or whether the incident involved mutual combat—where both parties contributed to the physical altercation. Additionally, injuries may result from accidental contact during a heated exchange rather than intentional harm. In some cases, law enforcement may misidentify the primary aggressor, especially when relying on incomplete or conflicting statements from those involved.
💡 Our attorneys will build your defense on grounds like self-defense, false allegations, or misidentification—each of which requires strong supporting evidence and a deep knowledge of how local courts handle family violence claims.
What to Do If You're Charged
If you’re arrested or charged with family violence in Texas:
- Exercise your right to remain silent – Anything you say can be used against you
- Request our attorney immediately – Do not provide statements without legal counsel
- Avoid all contact with the alleged victim – Even if they contact you first
- Start gathering evidence such as: text messages or emails that reflect your side of the story, names and contact details of potential witnesses, photos of any injuries you sustained, and—if applicable—documentation of the alleged victim’s history of making false accusations
- Follow all court orders precisely – Violating protective orders or bond conditions can result in additional charges
How Our Texas Assault Defense Attorneys Can Help
At the Law Offices of Richard C. McConathy, we’ve been defending clients against family violence charges since 2002. Our approach includes:
Local Knowledge of Courts and Prosecutors
With decades of experience in Dallas County and surrounding areas, we understand:
- The tendencies of local prosecutors in domestic violence cases
- How different judges approach these sensitive matters
- The most effective defense strategies in each jurisdiction
Customized Defense Strategies for Assault on Family
We don’t apply a one-size-fits-all approach. After thoroughly reviewing your case, we develop a strategy tailored to your specific situation, which may include:
- Filing motions to suppress evidence obtained unlawfully
- Negotiating for reduced charges or dismissal when appropriate
- Preparing aggressively for trial when necessary
Proven Results in Family Violence Defense
Our track record speaks for itself. We’ve successfully handled numerous family violence cases, resulting in:
- Charges dropped or dismissed
- Reduced charges with minimal penalties
- Not guilty verdicts at trial
- Deferred adjudication with no permanent conviction
💼Our Success: The Law Offices of Richard C. McConathy boasts an impressive track record of securing successful dismissals and “not guilty” verdicts in assault family violence cases, including:
- Assault Family Violence, Dismissed, Dallas County, M13-33519
- Assault Family Violence, Dismissed, Dallas County, M16-10155
- Assault- Bodily Injury- Reduced to Disorderly Conduct, Tarrant County, 1361743
- Assault by Contact Family Violence, Dismissed, City of Dallas, C21550262
- Assault- Threats Family Violence, Dismissed, Dallas County, C21363176 01
Contact Our Texas Domestic Violence Lawyers Today
If you’re facing assault family violence charges in Texas, don’t leave your future to chance. The penalties are severe, and the consequences extend far beyond potential jail time.
The Law Offices of Richard C. McConathy will fight to protect your rights, your freedom, and your future. With our experience and dedication to aggressive defense, we can help you manage this challenging time.
Facing domestic violence charges? Contact us online or call (972) 528-0481 today to protect your rights.
Our attorneys serve clients throughout the Dallas-Fort Worth area, including Dallas, Tarrant, Collin, and surrounding counties.
FAQs About Assault on a Family Member in Texas
What makes assault on a family member a felony in Texas?
Assault on a family member becomes a felony in Texas when:
- There’s a previous conviction for family violence
- The assault involved choking/strangulation
- A deadly weapon was used or exhibited during the assault
- The assault caused serious bodily injury
- You’re charged with continuous family violence (two or more incidents within 12 months)
What is the punishment for continuous family violence?
Continuous family violence (two or more family violence incidents within a 12-month period) is a third-degree felony punishable by:
- 2-10 years in prison
- Up to $10,000 in fines
- Potentially lifetime prohibition on firearm possession
- Protective orders and other restrictions
Can I own a gun after an assault family violence conviction in Texas?
No. Under federal law (18 U.S.C. § 922(g)(9)), anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition. This ban applies even to misdemeanor convictions and supersedes Texas state law.
Can the victim drop the charges?
Contrary to popular belief, victims cannot “drop charges” once the case has been filed with the prosecutor’s office. In Texas, domestic violence cases are prosecuted by the state, not the victim. Prosecutors can (and often do) pursue cases even when victims recant or wish to drop charges.
However, our experienced attorney will work with both prosecutors and complaining witnesses to potentially resolve cases favorably when the victim does not wish to proceed.
Will this stay on my record permanently?
In many cases, yes. A conviction for assault family violence will remain on your criminal record permanently unless you qualify for and complete:
- Deferred adjudication (in some cases)
- Record sealing (non-disclosure) under specific circumstances
- Expungement (rare in family violence cases)
The eligibility requirements for clearing your record are complex. Our attorneys will evaluate your specific situation and advise you on potential options for limiting the long-term impact on your record.