If you’ve been arrested for assault family violence in Denton County, you’re facing charges that can permanently alter your life. A family violence conviction carries mandatory consequences that extend far beyond jail time, including restrictions on firearm ownership, immigration consequences, and a public record that follows you for years. The alleged victim cannot drop the charges, and prosecutors in Denton County take these cases seriously, even when the evidence is weak or the allegations are exaggerated.
The good news is that assault family violence charges can be defended successfully. With the right legal strategy, many of our clients have avoided conviction entirely. In one recent Denton County case, we defended a client charged with assault family violence and negotiated a 15-month deferred adjudication with the affirmative family violence finding dropped. The client avoided a permanent conviction and retained their rights.
What Is Assault Family Violence Under Texas Law?
Assault family violence isn’t a separate criminal offense in Texas. Instead, it’s a designation that applies when an assault involves a family member, household member, or someone in a dating relationship. The assault itself is still charged under Texas Penal Code § 22.01, but the family violence label triggers additional legal consequences.
Under Texas law, you can be charged with assault family violence if you intentionally, knowingly, or recklessly cause bodily injury to a family or household member. You can also be charged if you threaten a family member with imminent bodily injury or cause physical contact in a way the person would reasonably find provocative or offensive.
The term “family violence” is defined in the Texas Family Code § 71.004 and includes acts between family members, household members, or people in a dating relationship. This means the charge can apply to current or former spouses, parents, children, roommates, or anyone you’ve dated.
Who Counts as a Family or Household Member?
Texas law defines family or household members broadly. The charge applies if the alleged victim is:
- A current or former spouse
- A person related to you by blood or marriage
- A current or former dating partner
- Someone you have a child with
- A foster child or foster parent
- A current or former roommate
Denton County prosecutors often charge assault family violence based on minimal evidence, including minor scratches, redness, or even the absence of visible injury. Many cases hinge on conflicting statements rather than objective physical evidence.
Penalties for Assault Family Violence in Denton County
The penalties for assault family violence depend on whether you’re charged with a misdemeanor or felony, and whether you have prior convictions. Even a first offense carries serious consequences that extend beyond the courtroom.
First Offense: Class A Misdemeanor
A first assault family violence charge is typically a Class A misdemeanor, punishable by:
- Up to one year in county jail
- A fine of up to $4,000
- Probation with mandatory conditions
- Completion of a Battering Intervention and Prevention Program (BIPP)
Even if you’re placed on probation, you’ll be required to complete a BIPP course, which typically runs 24 to 36 sessions over several months. You’ll also be prohibited from possessing firearms while on probation, and a conviction makes you ineligible to own a firearm under federal law.
Second Offense: Third-Degree Felony
If you’re charged with assault family violence and you have a prior conviction, the charge is elevated to a third-degree felony under Texas Penal Code § 22.01(b)(2)(A). Penalties include:
- Two to 10 years in state prison
- A fine of up to $10,000
- Permanent loss of firearm rights
- Lifetime restrictions on certain employment opportunities
The prior conviction doesn’t have to be recent. Even an assault family violence conviction from 10 or 20 years ago can be used to enhance a new charge to a felony.
Assault Impeding Breath or Circulation: Third-Degree Felony
If you’re accused of impeding the breathing or circulation of a family member by applying pressure to the throat, neck, or blocking the nose or mouth, you’ll be charged with a third-degree felony even on a first offense. This charge applies under Texas Penal Code § 22.01(b)(2)(B) and carries two to 10 years in prison.
Police and prosecutors often file this charge even when the alleged victim has no visible injuries and the evidence is weak. The state doesn’t need to prove actual injury, only that you applied pressure in a way that could have impeded breath or circulation.
Collateral Consequences of an Assault Family Violence Conviction
A conviction for assault family violence triggers mandatory consequences that last far longer than any jail sentence. These include:
Federal Firearm Ban: Under federal law, anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms for life. This applies even to police officers, military personnel, and security professionals whose careers depend on carrying a weapon.
Immigration Consequences: Assault family violence is considered a crime of moral turpitude and a crime of domestic violence under immigration law. A conviction can lead to deportation, denial of naturalization, or denial of reentry to the United States, even for lawful permanent residents.
Child Custody and Visitation: A family violence conviction is one of the most damaging factors in a custody dispute. Texas courts presume that a parent with a history of family violence is not in the best interest of the child, which can result in restricted or supervised visitation.
Employment Restrictions: Many employers conduct background checks and will not hire applicants with family violence convictions. This is especially true for jobs in healthcare, education, law enforcement, and positions requiring professional licenses.
Protective Orders: If the alleged victim files for a protective order, you could be barred from your home, prohibited from contacting your children, and required to stay away from certain locations. Violating a protective order is a separate criminal offense.
What to Expect for Bond in Denton County
If you’re arrested for assault family violence in Denton County, you’ll be taken to the Denton County Jail and held until you can post bond or see a magistrate. Bond amounts vary depending on the severity of the charge, your criminal history, and whether the alleged victim has requested a protective order.
While we don’t yet have comprehensive Denton County bond data, our analysis of over 52,000 bonds in nearby Tarrant County provides a useful benchmark for what to expect. For assault causing bodily injury to a family member under Texas Penal Code § 22.01(a)(1), the most common bond was $1,000, with an average bond of approximately $2,050.
For the more serious charge of assault family member impeding breath or circulation under Texas Penal Code § 22.01(b)(2)(B), the most common bond was $10,000, with an average bond of approximately $13,735. If you have a prior conviction and are charged with a felony, bonds typically range from $10,000 to $25,000 or higher.
Bond conditions almost always include a no-contact order prohibiting any communication with the alleged victim. Violating this order, even if the alleged victim initiates contact, can result in bond revocation and additional charges.
Common Defenses to Assault Family Violence Charges
Assault family violence cases often come down to conflicting stories, weak physical evidence, and witness credibility. Prosecutors rely heavily on the alleged victim’s statement, but those statements are often inconsistent, exaggerated, or influenced by anger or revenge. Effective defense strategies focus on exposing these weaknesses and building a case for dismissal or acquittal.
Self-Defense
You have the legal right to defend yourself if you reasonably believe you’re in imminent danger of bodily injury. Self-defense is a complete defense to assault charges, meaning you cannot be convicted if you were acting to protect yourself. The key question is whether your actions were reasonable given the circumstances.
Many assault family violence cases involve mutual combat, where both parties were physically aggressive. If you were defending yourself, we can present evidence showing that you were not the primary aggressor and that your actions were justified.
Defense of Others
You can also use force to protect another person, including a child, from harm. If you intervened to stop someone from hurting your child or another family member, that’s a valid defense. We’ve successfully defended clients who were charged after stepping in to protect a child during a domestic dispute.
Lack of Evidence
Prosecutors must prove every element of the offense beyond a reasonable doubt. In many assault family violence cases, the only evidence is the alleged victim’s statement. If there are no injuries, no witnesses, and no corroborating evidence, the case may not be strong enough to take to trial.
We scrutinize the state’s evidence to identify weaknesses. If the alleged victim’s story changes over time, if their injuries don’t match their allegations, or if they have a motive to lie, we can use that to challenge the prosecution’s case.
False Accusations
False accusations in family violence cases are more common than many people realize. Accusations often arise during contentious divorces, custody battles, or breakups, when one party has an incentive to portray the other as dangerous or violent. We’ve represented clients who were falsely accused as part of a strategy to gain the upper hand in a family court proceeding.
If you’ve been falsely accused, we can investigate the alleged victim’s motives, gather evidence of their credibility issues, and present a compelling case for dismissal.
Accidental Contact
To be convicted of assault, the state must prove that you acted intentionally, knowingly, or recklessly. If the contact was accidental, there’s no criminal offense. For example, if you accidentally bumped into someone during an argument and they fell, that’s not assault.
What Happens After an Arrest in Denton County
If you’re arrested for assault family violence in Denton County, here’s what to expect:
Booking and Magistrate Hearing: After arrest, you’ll be booked into the Denton County Jail. Within 48 hours, you’ll appear before a magistrate who will inform you of the charges, set bond, and issue a temporary protective order if requested by the alleged victim.
Arraignment: Your first court appearance is the arraignment, where you’ll enter a plea of guilty, not guilty, or no contest. We strongly recommend pleading not guilty at this stage. Pleading guilty without an attorney is almost never in your best interest.
Pre-Trial Negotiations: Most criminal cases are resolved through plea negotiations rather than trial. We work with prosecutors to explore options for charge reduction, deferred adjudication, or dismissal. In some cases, we may negotiate for the family violence designation to be removed, which eliminates many of the collateral consequences.
Trial: If we can’t reach a favorable plea agreement, we’ll take your case to trial. At trial, the state must prove every element of the offense beyond a reasonable doubt. We’ll cross-examine witnesses, challenge the state’s evidence, and present a defense on your behalf.
If you have a Denton County assault case, don’t wait to get help. Talk to an experienced Denton County assault family violence lawyer before you speak to police or prosecutors.
Case Example: Continuous Violence Against the Family Reduced
In a Tarrant County case, our client was charged with continuous violence against the family, a serious felony offense, along with a separate charge of assault family member impeding breath or circulation. Continuous violence charges apply when someone is accused of committing two or more assaults against a family member within a 12-month period.
We negotiated with prosecutors to reduce the felony charge to a Class A assault with no family violence designation. The client received two years of deferred adjudication, and the impeding breath charge was dismissed. The removal of the family violence finding meant the client retained their firearm rights and avoided the mandatory federal ban.
This case illustrates the value of aggressive negotiation and a thorough understanding of how family violence designations work. Even when the charges appear serious, the right defense strategy can lead to a significantly better outcome.
What to Expect From Varghese Summersett
If you hire us to defend your assault family violence case, here’s what we’ll do:
Immediate Action on Bond and Protective Orders: If you’re still in custody, we’ll work to get you out on bond as quickly as possible. If a protective order has been filed, we’ll fight to modify it so you can return to your home and maintain contact with your children.
Thorough Investigation: We’ll gather all the evidence in your case, including police reports, body camera footage, 911 recordings, medical records, and witness statements. We’ll interview witnesses, document inconsistencies, and identify weaknesses in the state’s case.
Challenge the Evidence: If the state’s evidence is weak or unreliable, we’ll file motions to suppress statements, challenge the credibility of witnesses, and push for dismissal. We’ve had numerous cases dismissed before trial because the state couldn’t prove its case.
Negotiate Aggressively: We’ll explore every option for resolving your case without a conviction. This may include negotiating for a reduced charge, deferred adjudication, or removal of the family violence designation. In some cases, we can get the charges dismissed entirely.
Trial Preparation: If your case goes to trial, we’ll be ready. We’ll prepare a compelling defense, cross-examine the state’s witnesses, and present evidence that supports your version of events.
Our team of over 70 legal professionals includes attorneys with decades of experience defending assault family violence cases in Denton County and throughout Texas. We’ve secured over 1,600 dismissals and 800 charge reductions, and we’ve helped countless clients avoid convictions that would have ruined their lives.
Past results do not guarantee future outcomes, but they do reflect our commitment to fighting for every client.
Frequently Asked Questions
Can the alleged victim drop the charges?
No. Once assault family violence charges are filed, the decision to prosecute belongs to the state, not the alleged victim. Even if the alleged victim wants the charges dropped, prosecutors in Denton County will often proceed with the case. However, if the alleged victim is uncooperative or recants their statement, it can weaken the state’s case and improve your chances of dismissal.
Will I lose my gun rights if I’m convicted?
Yes. A conviction for assault family violence, even a misdemeanor, results in a lifetime federal ban on firearm possession under the Lautenberg Amendment. This applies to everyone, including police officers and military personnel. If your career or livelihood depends on carrying a firearm, avoiding a conviction is critical.
What is deferred adjudication, and how does it help?
Deferred adjudication is a form of probation where you plead guilty or no contest, but the court does not enter a final conviction. If you successfully complete probation, the case is dismissed. Deferred adjudication allows you to avoid a permanent conviction, but it still carries restrictions, including the federal firearm ban if the charge involves family violence. In some cases, we can negotiate to remove the family violence designation, which eliminates the firearm ban.
How long does an assault family violence case take?
The timeline varies depending on the complexity of the case and whether it goes to trial. Simple cases may be resolved in a few months through plea negotiations. Cases that go to trial can take six months to a year or longer. The sooner you hire an attorney, the sooner we can begin working toward a resolution.
What happens if I’m on probation and get arrested again?
If you’re on probation for assault family violence and you’re arrested for a new offense, the state can file a motion to revoke your probation. If your probation is revoked, you could be sentenced to the maximum jail or prison time for the original charge. We’ve successfully defended clients in probation revocation hearings and helped them avoid incarceration.
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If you’ve been charged with assault family violence in Denton County, the decisions you make now will determine the outcome of your case. Don’t wait to get help. Call (817) 203-2220 to schedule a free consultation with an experienced assault defense attorney who will fight to protect your rights, your record, and your future.
