Have You Been Charged with Assault Family Member in Harris County?

This article will provide a basic understanding of the charge and what you can expect as your case progresses.

Being arrested for any type of offense in Harris County, Texas can be an overwhelming and frustrating experience. However, if you have been arrested for Assault Family Member (AFM), in Harris County, Texas, it can have tremendous implications on your life even after the case is resolved. Whether the incident stems from a misunderstanding, a heated moment that escalated, or a false accusation, the legal and personal consequences of a family violence charge are serious and usually have an immediate impact on your life. For instance, if you have been charged with Assault Family Member, you may be prohibited from returning to your home for a certain period of time.

If you or a loved one is facing an AFM charge, it’s critical to understand what you’re up against. Additionally, it’s crucial that you contact our office so we can get to work on your case immediately.

What Is Assault Family Member in Texas?

Under Texas Penal Code § 22.01, a person commits assault if they:

• Intentionally, knowingly, or recklessly cause bodily injury to another person.

When the alleged victim in the assault case is a spouse, ex-spouse, dating partner, former dating partner, roommate, family member, or co-parent, the charge is categorized as Assault Family Member or Family Violence Assault.

What Are Common Examples of Assault Family Member Charges?

• Pushing or grabbing another person during an argument; and/or
• Slapping, hitting, shoving, or striking another person.

It’s important to note that in order for a charge to be brought there must also be an allegation of pain caused to the alleged victim or a visible injury caused to the alleged victim. However, even if all the elements of this offense have been satisfied, and the alleged victim does not want to “press charges,” the State of Texas will pursue the case on the alleged victim’s behalf.

What Are the Penalties for Assault Family Member in Harris County?

A first-time Assault Family Member offense is typically charged as a Class A misdemeanor, which is punishable by:

• Up to 1 year in county jail
• A fine of up to $4,000
• Loss of gun ownership rights

It’s important to note, that you will have a permanent criminal record that cannot be expunged, even if the case is disposed through deferred adjudication. Additionally, it’s important to point out that if you have a prior Assault Family Member that was disposed of by way of deferred adjudication, the state can use that prior case to enhance a subsequent Family Assault to a Third Degree Felony. In other words, even though you were not formally convicted in your prior Family Violence case, if you were charged with another Family Violence offense, the state could pursue charges against you in the form a Third Degree Felony.

Moreover, if there are allegations of strangulation and/or impeding breath, the state can charge you with a Third Degree Felony. Needless to say, a felony has more severe consequences if convicted.

What About Protective Orders?

As previously mentioned, if you’re charged with Assault Family Member in Harris County, Texas there are factors that can have an immediate impact on your life—specifically, the issuance of a protective order or a Magistrate’s Order for Emergency Protection (MOEP) may prohibit you from having contact with the alleged victim. Additionally, those court orders may also prohibit you from returning to your home or seeing your children. If it’s alleged that you have violated standing court orders in a Family Violence case, additional criminal charges may be filed against you. More importantly, even if the alleged victim initiates contact with you, you can still be charged with violating the orders. This is because the order is against you, not the alleged victim.

What Can I Expect After Being Arrested in Harris County For Assaulting a Family Member?

1. You will be arrested and taken to jail.
2. You will have a hearing before a Magistrate, which will result in a bond being set and bond conditions being issued, such as a “no-contact order.”
3. You will receive a future Court Date.

How Do I Defend Myself Against Assault Family Member Charges in Harris County?

Like any Assault case, there are several potential defenses to Assault Family Member charges. For instance, the facts of your case may make the following defenses available to you:

1. Self-defense—You were attacked by the alleged victim
2. Defense of others or property—The alleged victim attacked a third party or another’s property
3. False accusations—The alleged victim lied to the arresting officer
4. Lack of intent or injury—You injured the alleged victim by accident
5. Mutual combat—You and the alleged victim agreed to fight

Keep in mind, every case is different, which means every case will have a unique approach.

Why Do I Need an Experienced Harris County Criminal Defense Attorney?

As explained throughout this article, Assault Family Member charges can carry immediate and lasting consequences. Even a Class A Misdemeanor Assault Family Member conviction can disqualify you from certain jobs, prevent you from owning or possessing firearms, harm your chances in divorce or custody disputes, and result in long-term protective orders.

Take Immediate Action to Protect Yourself

If you’ve been charged with Assault Family Member in Harris County, you owe it to yourself to act immediately. Contact Surginer Stewart PLLC today for a confidential consultation. We will review your case, explain your rights, and fight to protect your freedom and your future. The earlier we get involved in your case, the better the final result will be.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Contact a licensed attorney to discuss the specifics of your situation.