Assault Family Violence Previous Conviction Put Unparalleled Defense In Your Corner

Tarrant County Assault Family Violence with a Previous Conviction

Strong Assault Family Violence Criminal Defense in Tarrant County and the Dallas – Fort Worth Area

Chapter 22 Section 22.01 of the Texas Penal Code lists prohibited conduct generally referred to as assault and enumerates special punishment enhancements for family violence assault.

A strong criminal defense attorney is needed to protect you and your loved ones against family violence assault allegations because of the enhanced punishments.

The Law Office of David Sloane Criminal Defense Attorneys are here to fight for you.

Assault Family Violence with a Previous Conviction – Texas Penal Code § 22.01(b)(2)(A)

What is Assault Family Violence with a Previous Conviction?

Pursuant to Texas Penal Code § 22.01(B)(2)(A), a person commits the offense of Assault Family Violence with a Previous Conviction when the person intentionally, knowingly, or recklessly causes bodily injury to a family or household member, or against a person the actor is or was in a dating relationship with and the person had a previous conviction for a family violence offense.

What is Bodily Injury under Assault Bodily Injury Family Violence?

Bodily injury is defined under Texas Penal Code § 1.07(a)(8) as physical pain, illness, or any impairment of physical condition.

Qualifying Previous Family Violence Convictions – Texas Penal Code § 22.01(b)(2)(A)

What offenses qualify as a previous family violence conviction?

The follow offenses qualify as a previous family violence conviction if committed against a family or household member, or against a person the actor is or was in a dating relationship with:

Abandoning or Endangering a Child
Aggravated Assault
Aggravated Kidnapping
Aggravated Sexual Assault
Aiding Suicide
Assault – Bodily Injury
Assault by Offensive Contact
Assault by Threat
Capital Murder
Continuous Violence Against the Family
Criminally Negligent Homicide
Deadly Conduct
Indecency with a Child
Indecent Assault
Injury to a Child, Disabled, or Elderly Person
Kidnapping
Manslaughter
Murder
Sexual Assault
Terroristic Threat

Does the Previous Offense have to Result in a Final Conviction to Qualify as a Previous Family Violence Conviction?

No. A previous conviction includes people who were adjudged guilty of the offense or entered a plea of guilty or no contest in return for a grant of deferred adjudication, regardless of whether the sentence was probated, and the defendant was subsequently discharged from community supervision.

Can Out-of-State Convictions be Used as a Previous Family Violence Conviction?

Yes. The conviction will be sufficient if the out-of-state conviction was for an offense containing elements that are substantially similar to the elements of any of the qualifying Texas offenses.

What Evidence can be Used to Prove a Previous Family Violence Conviction?

The State may use extrinsic evidence to prove the qualifying family violence relationship for the qualifying offense, regardless of whether the previous conviction had the family violence waived, not applicable, or not available.

Assault Family Violence with a Previous Conviction Punishment Range

What is the Punishment Range for Assault Family Violence with a Previous Conviction?

Traditionally, Assault Causing Bodily Injury Family Violence is a Class A Misdemeanor, punishable up to one year in the county jail and a fine up to $4,000.

However, if the actor has a previous family violence conviction, the punishment range is enhanced to a Third-Degree Felony, punishable between two to ten years in prison and a fine up to $10,000.

A person convicted of Assault Family Violence with a Previous Conviction may be eligible for community supervision probation. The applicable supervision period is between two to ten years.

To learn more, visit Do I Need a Lawyer for a Third-Degree Felony?

What is a Family Violence Finding in Assault Family Violence with a Previous Conviction?

When is the Court required to make a family violence finding?

Texas Code of Criminal Procedure Article 42.013 requires an affirmative finding of family violence if the facts show that the offense involved family violence as defined by the Texas Family Code.

What is considered family violence?

Pursuant to Texas Family Code § 71.004, family violence is an act by a member of a family or household against another member that is intended to result in or that is a threat that reasonably places the member in fear of physical harm, bodily injury, assault, or sexual assault or dating violence.

Who is considered family member for family violence purposes?

Under Texas Family Code § 71.003, family includes individuals related by blood or marriage, individuals who are former spouses, individuals who are the parents of the same child, and a foster child and foster parent.

Who is considered a household member for family violence purposes?

Under Texas Family Code § 71.005, a household is a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. The term household member also includes a person who previously lived in a household.

What is considered dating violence for family violence purposes?

Pursuant to Texas Family Code § 71.0021, dating violence is an act by a defendant that is committed against a victim with whom the defendant has or had a dating relationship or because of the victim’s marriage to or dating relationship with an individual with whom the defendant is or has been in a dating relationship or marriage and 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 physical harm, bodily injury, assault, or sexual assault.

What is considered a dating relationship for family violence purposes?

Dating relationship is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the persons involved. A causal acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship.

What are the consequences of an affirmative family violence finding?

An affirmative family violence finding has devastating lifelong consequences, such as loss of second amendment rights to own, possesses, or purchase firearms, future exposure to possible criminal punishment enhancements, and unique impacts on probation eligibility and conditions.

How to Fight - Contact Us for a Free Consultation with our Tarrant County Assault Family Violence Criminal Defense Attorneys

The Law Office of David Sloane Criminal Defense Lawyers are ready to protect you and your loved ones from the devastating consequences of an Assault Family Violence conviction.

Our Tarrant County Family Violence Criminal Defense Lawyers have helped thousands of clients fight Assault related cases in Tarrant County and throughout the greater Dallas – Fort Worth Area, such as:

Contact us today at (817) 349-7118 for a FREE Consultation with the Tarrant County Assault Family Violence Criminal Defense Lawyers at The Law Offices of David Sloane!

Continue Reading Read Less

Contact Us Today

Request a Free Consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Law Offices of David Sloane at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

Case Dismissed Possession of a Controlled Substance Under One Gram in a Drug Free Zone
Case Dismissed Theft of Property $750 - $2,500
Reduced Under 12.44 Motion to Adjudicate - Possession of Methamphetamine Under 1 Gram and Possession of Methamphetamine 1-4 Grams
Motion to Adjudicate Dismissed Motion to Adjudicate - Possession of 4 to 200 grams of Methamphetamine, Evading Arrest with a Vehicle, and Theft of $30,000 to $150,000
Unlawful Stop - Charge Dismissed Possession of Marijuana <2oz

View All Results

Testimonials From Real People

See What Clients Have Said About Us

"He will fight for what he believes is right. Really, he is all you could ask for as a legal representative and a general person."
Mr. Sloane has lengthy experience in law enforcement. This only adds to his already plethora of knowledge about the law. He understands procedures field officers must adhere to. Very easy person to communicate with and makes you feel he is definitely on your side. He will work with you in every aspect of your case. Explains your options and tells you what he believes is best and always works with you on your decision. His office is easily reachable and they respond in a swift manner. What stuck with me most was his world view. He is a humble man who stands by his beliefs. He will fight for what he believes is right. Really, he is all you could ask for as a legal representative and a general person. Highly suggest for the DFW metroplex!

- Pasquale
"Best lawyer in the DFW metroplex hands down"
David and his staff are excellent in helping you understand everything that is going on. If you want a lawyer to fight for you and not do the bare minimum then David Sloane is the one to contact. I went from having a state jail felony and a class b misdemeanor, to just a class c misdemeanor no felony. He also got it set up to where my record is sealed. I really have no idea where I would be or what the outcome would have been if I didn't choose David as my attorney. Olga is also very helpful as well and does an excellent job of letting you know when and where you need to be, and also helps you understand things going on with your case. I give David and his team 5 stars because of how they treated me and what an outstanding job David did. Thank you so much for your help.

- JC
"David Sloane and Associates are hands down the best attorneys in the DFW area I can’t recommend them enough."
David Sloane and Associates are hands down the best attorneys in the DFW area I can’t recommend them enough. I Was charged with a DWI and they got me the best deal you could ask for. Again, I can’t stress this enough if you’re in need of an attorney for pot or DWi charges, CALL THESE GUYS!!!!

- Jason
"5 stars! If I could.. 10!"
A great, outgoing and easy to talk to attorney. Mr. Sloane gets right to the point and knows to handle a case. Worth your money I promise you. 5 stars! If I could.. 10!

- Mary
"He made my tough situation a breeze to get through!!"
I am from Phoenix AZ and hired David Sloan for a case I had in Sierra Blanca TX! He was very professional and also personable! He made my tough situation a breeze to get through!! I recommend him for anyone who needs help with a mistake they have made in life and need a smooth way of fixing the problem and moving on!!

- Levi
"If he can’t help you he knows someone that can."
Great guy! Always helping out when it matters most. I recommend him to all my friends and family when in need and if he can’t help you he knows someone that can.

- Judunn
"David Sloane is the only person you want by your side in a courtroom!"
David Sloan is the only person you want by your side in a courtroom! His knowledge, expertise, and efficiency are top of the line. He also communicates well with those surrounding the defendant. Highly recommend!

- Laurie
"David Sloane is hands down the most professional, trustworthy, and hard working attorney I've ever known."
David Sloane is hands down the most professional, trustworthy, and hard working attorney I've ever known. He has helped my family time and time again. We only trust him with our legal issues and you should too. You will not be disappointed with the results. He will fight tooth and nail for you and will not stop. Choosing any other attorney is a mistake.

- Matt

View All Reviews