Hablamos Español
Protecting people's rights,
that's what I'm all about
Free Case Evaluation
(713) 589-8855
Phones Answered 24/7
Why Hire Me

Experienced and Aggressive Representation

Read More >
Office Location

Law Office of Justin T. Surginer
8831 Long Point Rd Ste 401
Houston, TX 77055

(713) 589-8855

view directions >

Assault on a Family Member

An argument between family members or domestic partners can quickly escalate from a heated verbal exchange into a 911 call and an accusation of an assault on a family member or domestic violence. Law enforcement agencies and prosecutors in Texas take such allegations seriously, so a call to the police usual means that someone ends up being arrested.

Who are Considered Family Members in Texas?

Domestic violence laws in Texas include spouses, domestic partners, members of the same household, former partners and people involved in a relationship as family members. The parents of a child are considered family members even if they do not live together.

What is Assault on a Family Member?

Assault on a family member or domestic violence under the Texas Penal Code is the equivalent of a simple assault except that it involves family members. The elements of a simple assault include the following:

An assault committed with a deadly weapon or involves serious physical injury is the more serious offense of aggravated assault. Aggravated assault is a felony while a simple assault without other factors is a misdemeanor.

Consequences of Assault on a Family Member or Domestic Violence

Assault on a family member in Texas is a misdemeanor that can result in any of the following penalties being imposed by a judge:

An offender with a prior domestic violence conviction could be charged with a felony and face up to 10 years in prison and a fine up to $10,000. Aggravated assault on a family member is also a felony punishable by a prison sentence not to exceed 20 years and a fine up to $10,000.

How a Houston Domestic Violence Attorney Can Help

After an assault on a family member domestic violence charge is filed by the police or prosecutors, a person should contact a criminal defense attorney for representation. Texas prosecutors have a policy of not allowing domestic violence victims to drop charges once an arrest has been made.

Because of the “no-drop” policy, and the fact that domestic violence conviction records cannot be sealed as can other criminal records in Texas, it is important to have experienced legal counsel to defend against charges that frequently are based solely on statements made by the victim to the police.

Request a Call
captcha
 I have read the
Case Results
  • DWI - Harris County
    Young man seen leaving nightclub by a police officer. Client takes and fails field sobriety tests and breathalyzer test.
    Not guilty
  • Possession of Marijuana- Harris County
    Client set for trial on two possession of marijuana cases. Client admits to owning all marijuana in the vehicle on video. Motion to suppress granted.
    Cases dismissed
  • DWI - Harris County
    Client found passed out behind the wheel of a car by police officer after crashing into a light post.
    Case dismissed
  • Solicitation of Prostitution - Matagorda County
    Prison guard arrested for soliciting an undercover police officer. All was captured on audio recording.
    Jury trial, not guilty
More Results >
Recent Blog Posts