Types of Assault On A Family Member Charges
There are many types of assault on a family member charges. They differ dramatically in their potential punishments, so it is important to understand exactly what you have been charged with.
- Assault on a family member (first offense) is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine.
- Assault on a family member (second offense) is a third degree felony, punishable by between 2-10 years in prison and a $10,000 fine.
- Assault on a family member by impeding breathing is a third-degree felony, punishable by between 2-10 years in prison and a $10,000 fine.
- Two or more family assaults in the same year can be charged as “continuous family violence.” Continuous family violence is also a third-degree felony, punishable by between 2-10 years in prison and a $10,000 fine.
- Threatening a family member with a deadly weapon or causing “serious bodily injury” to a family member can result in a charge of “aggravated assault on a family member.” Aggravated assault on a family member is a second-degree felony, punishable by between 2-20 years in prison and a $10,000 fine. If a deadly weapon was used and there was serious bodily injury, it increases to a first-degree felony, which carries a punishment range of between 5 years – life in prison and a $10,000 fine.
Texas law defines “family member” to include not just members of your immediate family, but also “household members” and anyone that you have or had a “dating relationship” with. So, if you’re alleged to have assaulted your roommate or an ex-girlfriend or ex-boyfriend, you can still be charged with assault on a family member.