Family Violence: Assault Causing Bodily Injury

The state assault law found under Texas Penal Code § 22.01 states that a person commits an assault when they: 

• Intentionally, knowingly, or recklessly cause bodily injury to another person, including their spouse
• Intentionally or knowingly threaten another person with imminent bodily injury, including their spouse, or 
• Intentionally or knowingly cause physical contact with another person when the alleged offender knows or should reasonably believe that another person will regard the contact as offensive or provocative. 

In other words, people can be charged with assault even when alleged contact does not result in a personal injury.

When an assault does result in some kind of bodily injury to another person, then an alleged offender will want to be certain they seek the help of an experienced Austin criminal defense attorney in dealing with the criminal charges. 

Charges for Domestic Assault Causing Bodily Injury

There are two main requirements for someone to be convicted of family violence causing bodily injury in Texas. 

Relationship to the Alleged Victim

First, for an assault to be considered family violence, the accused assailant and the alleged victim must have a specific relationship under the Texas Family Code. The victim and assailant might be:

• Spouses
• Former spouses
• Family members by blood or marriage
• Household members (even without an intimate or family relationship)
• Unmarried parents of the same child
• Dating partners
• Former dating partners

The prosecutor must establish one of these relationships to issue any type of family violence charges.  

Bodily Injury

The assault must also have resulted in some type of bodily injury. Texas law defines bodily injury as physical pain, illness, or any impairment of physical condition. The injuries from the assault do not have to be serious for this charge to apply, though the assault must constitute more than simply offensive touching. If the alleged victim felt any level of pain at all, the accused might face this charge. 

The charges can become even more serious if the victim allegedly suffered serious bodily injury, which means an injury that causes disfigurement, loss of bodily function, or a substantial risk of death. 

Assault Penalties in Texas

Many kinds of criminal charges are possible in assault cases in Texas. The result is people can face different levels of consequences depending on how their criminal cases are classified. The charges will vary depending on many factors, including the relationship to the alleged victim and whether the victim suffered any degree of injury. 

The possible assault penalties in Texas can include the following:

• Class C Misdemeanor — Fine of up to $500
• Class B Misdemeanor — Up to 180 days in jail and/or a fine of up to $2,000
• Class A Misdemeanor — Up to one year in jail and/or a fine of up to $4,000
• State Jail Felony — Up to two years in state jail and/or a fine of up to $10,000
• Third-Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000
• Second-Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000
• First-Degree Felony — Up to 99 years or life in prison and/or a fine of up to $10,000

Most charges of family violence causing bodily injury come with the possibility of jail time. Further, once you have this conviction on your record, it can make you ineligible for certain professions, make it difficult to get hired for many jobs, or even create obstacles in finding rental housing. You might face child custody issues and a possible order of protection. 

It is critical that you seek the right defense help and avoid an assault conviction whenever possible. 

Contact Our Austin Criminal Defense Lawyer

If you have been charged with any kind of assault crime anywhere in Texas, you are going to need to invest in legal representation without delay. The Law Office of David D. White, PLLC, will provide thorough criminal defense at every stage of your case.

Our firm has the benefit of prosecutorial experience and may be able to negotiate a favorable outcome for your case, although we will not hesitate to go to trial when it is necessary to protect your rights. You can call (512) 369-3737 or contact our Austin criminal defense attorney online to receive a free consultation.