Last updated: Sept. 6, 2024

Family disputes often turn heated. There are a lot of strong emotions involved, and that can cause people to act in a way they wouldn’t normally act. Sometimes, these arguments turn physical, and the police may get involved. If you’re facing family violence charges, you need to act carefully and quickly.

This guide breaks down what you may be facing when it comes to assault with bodily injury and family violence charges in Texas, what to do next, and when it’s time to get a Fort Worth assault lawyer involved.

Understanding Assault Bodily Injury and Family Violence Charges in Texas

Of the many types of assault charges in Texas, assault with bodily injury of a family member is a particularly serious offense. Assault bodily injury means that someone caused physical pain to another person. “Assault Bodily Injury of Family Member” charges often occur when the assault happens between family members, like spouses, dating couples, parents, children, or even roommates.

Definition and Examples

• Assault Bodily Injury: This happens when someone intentionally, knowingly, or recklessly causes bodily injury to another person.
  • Example 1: A person hits their spouse during an argument, causing pain.
  • Example 2: A boyfriend yanks the hair of his girlfriend, causing pain.
• Family Member: This refers to someone married or in a dating relationship, a first-degree familial relationship, or a member of the same household, like roommates.
  • Example 1: An ex-boyfriend is slapped by an ex-girlfriend outside a bar. 
  • Example 2: A roommate shoves another roommate during an argument.

Consequences

A conviction for assault bodily injury of a family member in Texas carries serious consequences. For a Class A misdemeanor assault in Texas, you could face up to a year in county jail and fines up to $4,000. Additionally, because of the family violence tag, the conviction carries additional collateral consequences and penalties.

With a family violence conviction, you might lose your gun rights, have a permanent criminal record, and face difficulties renting an apartment or finding a job due to the impact on your background check. In cases where the assault involves impeding breath or blood flow, it becomes a third-degree felony, which can lead to 2-10 years in prison and a fine of up to $10,000.

Repeated family violence offenses within 12 months can also escalate the charge to a third-degree felony, carrying the same penalties. These charges can also affect your custody or visitation rights with your children.

Because of these significant consequences, we strongly advise quick action and that you contact a lawyer.

4 Steps to Take if You’re Charged With Assault Bodily Injury to a Family Member in Texas

If you’ve been charged with assault bodily injury or family violence, it’s crucial to act quickly and wisely. Here are the steps you should take:

1. Stay Calm and Collect Evidence: Try to remain calm and gather any evidence that might support your case, such as texts, emails, or photos.
2. Avoid Making Statements Without a Lawyer: Don’t discuss the incident with the police or anyone else without your lawyer present. Anything you say can be used against you.
3. Contact a Defense Attorney: Reach out to an experienced Texas assault/self-defense lawyer who specializes in criminal defense as soon as possible. They will guide you through the legal process and help build your defense.
4. Follow Legal Advice: Listen carefully to your attorney’s advice and follow their instructions to protect your rights and build a strong defense.

How an Experienced Texas Assault Attorney Will Build Your Case: Key Strategies

Hiring a lawyer is crucial when facing assault bodily injury of a family member charges. A skilled lawyer can make a significant difference in your case by implementing a few important strategies.

Understanding Your Story

The first step your lawyer will take is to understand your version of events. This involves sitting down with you and going through every detail of what happened. Your perspective is crucial because it provides the truth from your point of view. The lawyer needs to know:

• What you remember happening
• Who was present
• What the context of the situation was

Every detail matters in building your defense.

Gathering Evidence and Witness Statements

Your lawyer will gather all relevant evidence, including police reports, witness statements, and any video footage. This evidence will help build a comprehensive understanding of what happened. They will:

• Review police reports to see what the officers documented about the incident.
• Collect testimonies from anyone who saw what happened.
• Analyze any available video recordings from security cameras or bystanders.

Identifying Inconsistencies and Biases

Your lawyer will compare your story with the gathered evidence to identify inconsistencies. This might involve:

• Finding discrepancies between police reports and video footage.
• Highlighting differences in witness statements.
• Spotting errors in the police narrative.

By pinpointing these inconsistencies, your lawyer can weaken the prosecution’s case.

Proving Inaccurate or False Reports

One effective strategy to get assault bodily injury and family violence charges dismissed is to prove that the reports made against you are inaccurate or false. This involves a detailed examination of all the evidence and statements related to the incident.

• First, your lawyer will review the police reports to find any inconsistencies or errors. Police officers sometimes make mistakes in their documentation or may not fully understand the context of the situation. Your lawyer will look for discrepancies between the police report and other pieces of evidence, such as witness statements or video footage.
• Next, your lawyer will gather witness statements to build a clear picture of what happened. Witnesses may have seen things differently than what was reported, and their testimonies can be crucial in proving your innocence. Your lawyer will compare these statements with the police report to identify any contradictions.
• Additionally, your lawyer will investigate the motives behind the accusations. Sometimes, people exaggerate or fabricate stories out of anger, jealousy, or revenge. Your lawyer will examine the relationship between you and the accuser to uncover any possible biases or ulterior motives that could have influenced the report.

Facing Family Violence Assault Charges in Texas? Contact Norris Legal Group Now

If you’re facing assault bodily injury of a family member charges, it’s crucial to act quickly and seek professional legal help. Contact Norris Legal Group for a free consultation. Our experienced lawyers will provide the expert legal assistance you need to navigate this challenging situation and protect your future.

Reach out to Norris Legal Group today and let us help you build a strong defense to ensure the best possible outcome for your case. You matter to us, and your defense starts now.