In Texas you can be charged with assault family violence if it’s alleged that you committed an assault against a “family member.” By law, you can be charged with assault family violence if the alleged victim is a (past or present) boyfriend, girlfriend, husband, wife, brother, sister, father, mother, or similarly-related in-law. The seriousness of a given allegation of assault family violence can range from simple assault, which is a class C misdemeanor, which is punishable by fine only of up to $500, to aggravated assault, which can land you in prison for up to twenty years, and result in a fine of up to $10,000 dollars.
Type of Assault Family Violence
Another type of assault family violence is the class A misdemeanor variety, in which bodily injury is alleged, without a weapon having been utilized. This form of assault family violence is punishable by up to a year in the county jail, and a fine of up to $4000. An additional complication of assault family violence cases can arise, in that the court may, under certain circumstances, render an affirmative finding of family violence against you.
An affirmative finding of family violence has serious legal implications. For example, an affirmative finding of family violence can affect your ability to own a handgun, and prevent you from ever being able to obtain an order of nondisclosure in an effort to seal this, or any other arrest for which you might otherwise be eligible. Furthermore, once an affirmative finding of family violence has been made in an assault family violence case in which you were the defendant, that finding can be used to enhance a subsequent assault family violence charge to a felony, even if it would have only been a misdemeanor otherwise.
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