Assault Family Violence

Chapter 22 of the Penal Code establishes what is considered an assault in Texas. A person commits an offense of assault if:

1. intentionally, knowingly or recklessly causes bodily injury to another, including the person’s spouse;
2. intentionally or knowingly threatens another with bodily injury, including the person’s spouse; or
3. intentionally or knowingly causes offensive or provacative physical contact with another.

Under Texas law, it does not matter whether or not you intended to threaten or injure another person. Chapter 22 uses the words “intentionally, knowingly or recklessly” to describe assault charges. For instance, you can intentionally assault someone if your objective was to cause an assault. Second, you can knowingly commit an assault when you are aware that your conduct is reasonably certain to cause an assault. Comparatively, a person acts recklessly when he is aware of but consciously disregards the risk that an assault will occur.

An assault family violence charge has the same elements of an assault charge under Section 22.01:

1. intentionally, knowingly or recklessly causes bodily injury to another, including the person’s spouse;
2. intentionally or knowingly threatens another with bodily injury, including the person’s spouse; or
3. intentionally or knowingly causes offensive or provacative physical contact with another.

However, the offense must also meet the criteria of Section 71.004 of the Family Code, which defines “family violence” as:

1. an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
2. abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), and (K), by a member of a family or household toward a child of the family or household; or
3. dating violence, as that term is defined by Section 71.0021.

In addition, a conviction for an assault family violence charge also results in an “affirmative finding of family violence.” An affirmative finding of family violence carries additional and more severe consequences than a regular assault charge. For example, an family violence charge can be enhanced to a felony if the person charged has previously been convicted of assault family violence. In addition, but not limited to, an AFFV also results in a lifetime ban against ownership or possession of firearms and ammunition.

Assault family violence charges, regardless of the level of offense, are incredibly serious charges. If you have been accused of family violence, contact our office right away to speak with a criminal attorney about your rights.

Section 22.02 of the Texas Penal Code establishes what aggravated assault is in Texas. A person commits an offense of aggravated assault if the person commits assault as defined in Section 22.01 and the person:

1. causes serious bodily injury to another, including the person’s spouse; or
2. uses or exhibits a deadly weapon during the commission of the assault.

An offense for aggravated assault is a second degree felony. However, an aggravated assault charge is a first degree felony if:

1. the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to another that constitutes family violence; or
2. the assault is committed against a public servant, security officer or in retaliation against a prospective witness or informant.

Texas law does not require actual physical contact with another person or bodily injury before someone can be charged with assault. In fact, under Section 22.01(a)(2) of the Texas penal code, a simple verbal threat is considered to be an assault. Similarly, merely causing physical contact that may be considered offensive or provocative with another also constitutes an assault under Section 22.01(a)(3). A person commits an offense if the person:

1. intentionally, knowingly or recklessly causes bodily injury to another, including the person’s spouse;
2. intentionally or knowingly threatens another with bodily injury, including the person’s spouse; or
3. intentionally or knowingly causes offensive or provacative physical contact with another.

An offense under Section 22.01(a)(2) or 22.01(a)(3) is generally a class C misdemeanor. However, an offense under either of these sections can be enhanced to a Class A misdemeanor or Class B misdemeanor under certain conditions.