Criminal Defense
Assault and Family Violence
Defense for simple assault, assault family violence, and aggravated assault charges.
Assault charges in Texas range from Class C misdemeanors (offensive contact) to first-degree felonies (aggravated assault with serious bodily injury). Family violence allegations add a special set of consequences that go beyond the criminal sentence: a "family violence finding" affects gun rights, custody and visitation, immigration status, and the ability to seal or expunge the record.
In many domestic cases the alleged victim does not want to press charges by the time the case reaches court. That does not stop the prosecution. The state controls whether to dismiss, and in family violence cases prosecutors are often reluctant to drop charges even where the complainant has recanted. The defense work involves both the legal case and the practical realities of the relationship.
A magistrate's order of emergency protection (MOEP) is typically issued at arraignment and immediately restricts the accused's ability to return home, possess firearms, and communicate with the alleged victim - even when the alleged victim does not want the order. We address protective orders, bond conditions, and family law collateral issues alongside the criminal case.
We handle assault and family violence cases throughout the Valley. Our work starts with a careful review of body-worn camera, 911 calls, and any photographs from the scene, and continues through pretrial motions, plea negotiations, or jury trial when the evidence does not support the charge.
Common scenarios
Situations we see often
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Heated argument escalates and police are called
A neighbor calls 911 during a loud argument. Police arrive, see a small mark, and arrest one party. The complainant later wants to drop charges. The state does not.
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Mutual altercation in a public place
A fight in a parking lot leads to assault charges against both parties. Witness statements conflict. Self-defense and mutual combat issues are central.
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Aggravated assault with a weapon allegation
An object - a baseball bat, a kitchen knife, a tire iron - is alleged to have been used or displayed. The charge is now a second-degree felony with a much longer potential sentence.
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Family violence allegation tied to a divorce
An assault allegation surfaces during a contested divorce. The criminal case has direct effects on custody, possession and access, and protective orders in the family court.
What to do
If this happens to you
Do not contact the alleged victim if a magistrate's order of emergency protection or any bond condition prohibits it - even at their invitation. Violations result in new charges and bond revocation. Find a safe place to stay and arrange custody pickups through a third party until the case is resolved.
Do not discuss the case with anyone except your lawyer. Statements to friends, family, or social media are discoverable and frequently end up in the prosecution's file. Get a lawyer involved before the first court setting.
How we help
How our firm can help
We obtain body-worn camera, dash-cam, 911 audio, photographs of the scene, the alleged victim's prior and subsequent statements, and any 911 dispatch records. We evaluate self-defense, defense of a third person, and mutual combat where applicable. We address bond conditions and protective orders to give clients a workable life during the pendency of the case.
We negotiate from preparation. Where appropriate, we work toward dismissal, reduction to a lesser charge without a family violence finding, deferred adjudication, or pretrial intervention. Where the evidence does not support the charge, we try the case.
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215,000
family violence incidents reported in Texas in 2022
Texas DPS, Crime in Texas 2022
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Class A
minimum classification for assault family violence, even on a first offense
Tex. Penal Code 22.01
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3rd-degree
felony enhancement for a second assault family violence offense
Tex. Penal Code 22.01(b)(2)
Common questions
Questions about Assault and Family Violence
The complainant wants to drop the charges. Will the case be dismissed?
Not necessarily. The state - not the complainant - decides whether to dismiss. In family violence cases, prosecutors often proceed even when the complainant recants. The defense work includes communicating with the prosecutor about the case's actual strength.
What is a "family violence finding" and why does it matter?
A finding by the court that the offense involved family violence enhances future assault charges, affects firearm rights under federal law, can affect immigration consequences, and limits the ability to seal or expunge the record. We work to avoid the finding where the evidence permits.
Can I get my assault case sealed?
A dismissed or acquitted assault case can often be expunged. A deferred adjudication that successfully completes can in some cases be sealed via a non-disclosure order, with significant exceptions for family violence findings.
I am not a citizen. Will an assault plea affect my status?
Assault convictions - especially family violence convictions - can have serious immigration consequences. We always evaluate immigration consequences before any plea.
Related topics
More under Criminal Defense
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.