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:

• Tarrant County
• Dallas County
• Parker County
• Denton County
• Wise County
• Johnson County
• Hood County
• Ellis County
• Collin County