There are situations where family violence offenses are treated as a felony. In situations where there is a prior conviction, choking or strangulation was involved, the assault causes serious bodily harm, or if there are two or more repeated offenses for family violence, the charges for assault family violence are more severe.

Assault family violence is outlined in the Texas Penal Code Section 22.01. The following situations can elevate family violence charges to a felony.

Prior Convictions

If you have a previous conviction for family violence, a new assault charge can be enhanced to a third-degree felony, which carries a potential sentence of two to 10 years in prison and a fine of up to $10,000.

Choking or Strangulation

If the assault involves choking or strangulation, also referred to as impeding the breath or circulation, it is automatically elevated to a third-degree felony, regardless of whether there are prior convictions. The penalty is two to 10 years in prison and a fine of up to $10,000.

Aggravated Assault

If the assault causes serious bodily injury or involves the use of a deadly weapon, it can be charged as aggravated assault, which is a second-degree felony. This carries a sentence of two to 20 years in prison and a fine of up to $10,000.

Repeated Offenses

If the accused has two or more previous convictions for family violence, a new charge may be upgraded to a second-degree felony, with penalties of two to 20 years in prison and up to $10,000 in fines.

Don’t Delay Your Defense

One way an attorney from our firm could help is by negotiating with the State to reduce the severity of the charges. Even in cases where there is enough evidence to secure a conviction, it may be possible to negotiate a plea for a misdemeanor offense. A Texas assault lawyer can help in the following ways:

• Investigating Your Case – Getting to the bottom of what happened is the first step toward a favorable outcome. We can determine if the allegations have any truth to them, or if they were fabricated.
• Relying On Our Experience – Our knowledge of criminal law is extensive, and we know how to negotiate with the State to reduce your charges or even have the case dismissed. We will use every tool we have to help you secure the outcome you deserve.
• Protecting Your Future – We know better than anyone what the consequences of a conviction could mean for your life. We will not stop with our efforts to mitigate these consequences as much as possible.

Discuss Your Case With Barton & Associates, Attorneys At Law, PLLC

Let Barton & Associates, Attorneys at Law, PLLC, serve as your advocates during this difficult time. We can review your case, advise you of your options, and help you avoid pitfalls that could lead to costly consequences. Contact us as soon as possible for a private consultation with our law firm.