Austin Assault Lawyer

Defense Strategy in Assault and Family Violence Assault Cases

When I take an assault case, I look closely at the facts regarding the extent of injury or weapons employed, with an eye to reducing the offense level. I also check for a legal justification like self-defense or consent by mutual combat.

A family violence assault case presents special issues. The complainant often is a spouse or loved one who does not wish to pursue charges. If so, I generally suggest that the complainant attend “Project Options,” a counseling class offered by Travis County to educate domestic violence victims about spousal abuse or household abuse. I also may encourage my client to attend domestic abuse counseling offered by Travis County Counseling and Education Services (TCCES). Completion of these courses may help lead to a desirable disposition of the case.

Law of Assault and Family Violence Assault

Texas law provides that it is a class C misdemeanor punishable by up to a $500.00 fine to touch someone in an offensive manner. It is a class A misdemeanor to cause bodily injury to someone. "Bodily injury" includes feeling physical pain, so a defendant does not have to actually injure the other person in order to be guilty of a class A assault. If a defendant threatens or causes serious bodily injury or uses a deadly weapon in the commission of the assault, it is considered an aggravated assault, which typically is a second degree felony punishable by up to 20 years in prison and a $10,000.00 fine. An otherwise ordinary class A assault can be enhanced to a third degree felony if the defendant assaults a family or household member and previously has been convicted of an assault against a family or household member.