Assault Causing Bodily Injury to a Family Member

In Texas, assault causing bodily injury to a family member is one of the most commonly charged domestic violence offenses, and one of the most misunderstood. Also referred to as Domestic Assault or Assault Family Violence, this charge applies when someone is accused of causing physical harm to a person legally recognized as a family or household member under Texas law.

At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we represent individuals facing assault causing bodily injury to a family member and help them understand what’s at stake, from protective orders to criminal records and long-term consequences.

What is Family Violence in Texas?

Texas law defines family violence as more than just physical assault. It covers a range of harmful behaviors that occur between individuals in close personal relationships. According to the legal definition, family violence includes:

• Any act by a family or household member intended to cause physical harm, bodily injury (defined as physical pain, illness, or damage to a person’s physical condition), assault, or sexual assault.
• Threats that reasonably place another family or household member in fear of physical harm, bodily injury, assault, or sexual assault.

This definition, drawn from the Texas Family Code, forms the basis for protective order eligibility and legal intervention. As further explained by Women’s Law, family violence under Texas law includes physical abuse, sexual misconduct, or threats that create fear of injury.

Understanding the relationship between the defendant and the alleged victim is key to evaluating whether an assault causing bodily injury is classified as family violence.

Common Charges in Texas Family Violence Cases

Texas prosecutors file a range of charges under the family violence umbrella. These include:

• Assault Causing Bodily Injury to a Family Member.
• Aggravated Assault (involving weapons or serious bodily harm).
• Continuous Family Violence (two or more incidents within 12 months).
• Violating a Protective Order.
• Strangulation or choking during a domestic dispute.

What would normally be a misdemeanor can quickly be enhanced to a felony based on the aggravating factors above.

What is a Family Member in Texas?

Texas law defines “family member” in a broad way. Under the Texas Family Code, the term includes not only individuals related by blood or marriage, but also:

• Former spouses.
• People in a current or past dating or romantic relationship.
• Roommates or individuals living in the same household.
• Parents of the same child (regardless of marriage).
• Foster children and foster parents.

This expansive definition means that assault causing bodily injury to a family member can apply in situations that aren’t always traditionally seen as “family” disputes, such as between former roommates or dating partners who no longer live together. 

That’s why the classification of the relationship is so important when facing charges related to domestic assault in Texas.

What Are the Penalties for Domestic Assault or Family Violence?

The penalties for assault and family violence in Texas vary widely depending on prior history, severity of injuries, and the nature of the relationship between the parties involved. Any conviction under assault bodily injury family violence can result in significant jail time and lifelong consequences.

Class A Misdemeanor

A first-time offense with no aggravating factors may be filed as a Class A misdemeanor. According to Texas Penal Code Sec. 12.21, penalties for this offense can include up to one year in county jail, a fine of up to $4,000, or both jail time and a fine.

Even as a misdemeanor, a conviction under assault family violence can affect your record, your job, and your right to own a firearm.

Third Degree Felony

An assault charge can escalate to a third-degree felony if the accused has a prior conviction for assault against a family member or if the alleged act involved strangulation or impeded breathing. 

Under Texas Penal Code §12.34, a third-degree felony in Texas is punishable by 2 to 10 years in prison and/or fines of up to $10,000. Repeat charges of assault and family violence are aggressively prosecuted and may trigger enhancements.

Second Degree Felony

This enhanced felony may apply if the assault involves serious bodily injury or the use of a deadly weapon. As outlined in Texas Penal Code §12.33, a conviction could lead to 2 to 20 years in prison and up to $10,000 in fines.

An aggravated assault family violence case involves allegations of assaulting someone classified as a family member by either using a deadly weapon or by causing serious bodily injury.

First Degree Felony

First-degree felony charges in domestic assault cases are rare. Still, they can occur if there is a prior record of violent felonies, the assault resulted in a life-threatening injury, or the case overlaps with aggravated assault or attempted murder. As mentioned in Texas Penal Code § 12.32, a conviction could lead to 5 to 99 years in prison and fines up to $10,000.

Defense to Assault Charges in Texas

Facing charges of assault causing bodily injury to a family member doesn’t mean you’re automatically guilty. There are several viable defense strategies we explore, depending on the facts of each case:

• Self-defense: You acted to protect yourself, and your response was reasonable.
• False allegations: The accusation was made out of spite, anger, or to gain an advantage in another legal matter (such as child custody).
• Lack of evidence: The state must prove guilt beyond a reasonable doubt. Often, no physical evidence exists, just conflicting statements.
• No intent to cause harm: Assault charges often hinge on intent. Without deliberate action, the charge may be reduced or dismissed.
• Mutual combat: Both parties were involved in the altercation and consented to the physical encounter.

We review every piece of evidence, from bodycam footage to medical records, to challenge the case against you and pursue the best outcome possible.

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Speak With an Assault Lawyer in Austin Today

A charge for assault causing bodily injury to a family member can threaten your freedom, reputation, and future. Jail time, no-contact orders, and a lasting criminal record are all on the table, even if the facts are disputed.

At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we take these cases seriously and fight for the best possible outcome. From the first hearing to final resolution, we’re in your corner. Call (512)-369-3737 to speak with a trusted assault lawyer.

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