Domestic abuse is now one of the criminal offenses in Texas. It carries harsh consequences, such as up to 10 years in prison. Therefore, receiving an accusation of domestic violence due to aggravated assault with a deadly weapon may be terrifying. It can terribly affect future opportunities in your personal and professional life.
If you don’t know what aggravated assault is, it is a good idea to know what it is. It’s a more serious form of family violence, also referred to as domestic violence. The most recent criminal justice reforms in Texas automatically classify repeat domestic violence offenders as felons. This in turn makes taking action more crucial than ever.
Are you facing domestic violence charges and need assistance with winning or reducing the charge? First, you need to understand how domestic violence charges work in Texas. Second, working with a competent, determined, and reliable criminal defense attorney is crucial. That’s why we’ve developed this article about aggravated assault with a deadly weapon – domestic violence in Texas.
Different Crimes of Domestic Violence in Texas and Their Punishment
There are four different crimes related to domestic violence in Texas. You may also face charges when you commit an act of violence against a family or household member. According to the law, a member may be related to you in the following ways:
- Partners in a current or prior marriage
- Parents of the same child or parents of a foster child
- Blood, marriage, or adoption relatives
- Co-residents who are now together or have previously been in a romantic relationship.
The type of assault you are accused of committing will determine the type of penalty you will receive. Charges for assault that are among the most prevalent include
Assault, Family Violence, or Domestic Violence
Assault family violence is any type of assault against a family member or household member, regardless of your relationship with them. It occurs when you purposefully make physical contact with a family member resulting in physical harm or offending them. If you physically harm a family member, you may receive an Assault Bodily Injury – Family Member charge.
According to Texas criminal law, assault causing bodily harm to a family member is a Class A misdemeanor. It carries a maximum sentence of one year in a Texas county jail and a maximum fine of $4,000. And if your physical action offended your family member, you risk being charged with a Class C Assault by contact.
However, if you’re under probation or previously convicted of domestic violence assault, then in Texas, you’ll be charged with the crime of Assault Bodily Injury – Family Member with prior. This is a third-degree felony, and you’ll be subjected to 2 to 10 years in prison and a $10,000 fine.
Aggravated Assault With a Deadly Weapon
Aggravated assault is when your actions cause severe bodily injury to another or involve using a deadly weapon. If it involves a deadly weapon and the victim suffers physical harm, you’ll be charged with a first-degree felony. This felony carries a sentence of 5 to 99 years in prison and a fine of $10,000. For second-degree felony, the defendant will face 2 to 20 years imprisonment and a $10,000 fine.
Injuries considered under this assault include a fractured bone, a limb loss, or an injury requiring medical attention. A deadly weapon can be a firearm, rope, hunting knife, or any other instrument that can result in death or serious physical harm.
It’s vital to remember that this kind of assault needs not only to cause injury to a person. If it also instills fear of harm or death, you could be charged with aggravated assault by Threat.
Impending Breath Assault
An individual commits assault by impeding breathing when they apply pressure to another person’s throat or neck or block another person’s nose or mouth to prevent them from breathing normally or getting enough blood to their body. Under the Texas Penal Code § 22.01, this form of assault can include smothering, choking, or strangling the victim.
In Texas, assault on a family member by impeding breathing is a third-degree felony. It’s punishable by a prison term of 2 to 10 years and a fine of up to $10,000. However, if you’ve already been convicted of assault against a household member, a subsequent incident could worsen the penalty. In other words, your case could be upgraded to a second-degree felony. This indicates that a 2–20 year prison term is a possibility.
Why Should You Hire A Domestic Violence Assault Attorney?
Hiring a domestic violence assault lawyer is essential. They will work with you to protect your freedom and reputation while also assisting you in understanding your legal choices. Plus, if your assault is a felony charge, your lawyer will help you face a grand jury.
A domestic violence attorney will work to secure the following for you:
- Dismissal and removal of the charge from your record
- Having your case No Billed by Grand Jury
- Proposed community service and counseling
- Protect your child custody or parenting time
- A right to secure your firearm
A domestic violence case may also result in stigmatization, which may impact one’s social and professional life. Working with a reputable lawyer can help you defend your reputation.
Don’t Hesitate to Contact Our Experienced Domestic Violence Assault Lawyer for an Aggravated Assault With a Deadly Weapon Case
Have you been charged with assault impeding breath against a family member and don’t know where to start? Starr Law, P.C. is here to assist you with legal representation. Your chances of being found guilty and receiving a severe sentence will greatly reduce if you cooperate with us. We are a team of skilled domestic violence attorneys. We can assist you in comprehending the allegations against you, assessing the available evidence, and creating a defense plan to uphold your rights and secure the best result for your case.
You may be certain that Starr Law, P.C. Criminal Defense will provide you with the greatest legal assistance, transparent interaction, and a criminal defense lawyer focused on your case. Get in touch with us right now for a free case evaluation.