August 18, 2017

Domestic Violence

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Domestic Violence Charges Defense

What is Domestic Violence Under Texas Law?

Family violence is taken very serious in Texas. If you have been charged with domestic violence, you need to contact a criminal defense attorney as soon as possible. We encourage you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation.

She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

In Texas, under Chapter 22, Section 22.01 of the Texas Penal Code, an individual will be charged with assault if the person:

  • Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
  • Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
  • Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.


What is the Punishment for Domestic Violence?

An assault will be classified as a Class C misdemeanor, punishable by a fine of up to $500 if:

  • The assault is committed by intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse; or
  • The assault is committed by intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
  • Exceptions:
    • If the offense is committed against an elderly or disabled individual, then it will be classified as a Class A Misdemeanor, punishable by up to one year in county jail, and a $4,000 fine.

An assault will be classified as a Class A misdemeanor, punishable by not more than 1 year in county jail and up to a $4,000 fine, if the assault is committed by intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse.

Assault can become a Third-Degree Felony, punishable by 2 – 10 years in prison, and a fine of up to $10,000 if the assault was committed against a family member, former spouse, parent of a child in common, or someone with whom you are in a romantic relationship, and:

  • You have a previous family violence conviction or
  • The offense was committed by intentionally, knowingly, or recklessly chocking the person or blocking the person’s nose or mouth.

Assault becomes a Second-Degree Felony, punishable by 2 – 20 years in prison, and a fine of up to $10,000 if:

  • The offense is committed against a family member, former spouse, parent of a child in common, or someone with whom you are in a romantic relationship;
  • You have a previous family violence conviction; and
  • The offense is committed by intentionally, knowingly, or recklessly chocking the person or blocking the person’s nose or mouth.

Aggravated Assault

An assault becomes an aggravated assault which is Second-Degree Felony punishable by 2 – 20 years in prison and up to a $10,000 fine if the individual:

  • Causes serious bodily injury to another person (including the person’s spouse) or
  • Uses or exhibits a deadly weapon during the commission of the assault.

An aggravated assault will be classified as a First-Degree Felony punishable by 5 – 99 years in prison and up to a $10,000 fine if the individual:

  • Uses a deadly weapon during the commission of the assault and
  • Causes serious bodily injury to a family member, former spouse, parent of a child in common, or someone with whom you are in a romantic relationship.

Continuous Violence Against the Family

If an individual commits an assault two or more times during a 12 month period against a family member, former spouse, parent of a child in common, or someone with whom they are in a romantic relationship, they can be charged with continuous violence against the family which is a Third-Degree Felony punishable by 2 – 10 years in prison and up to a $10,000 fine.


Can my wife or family member agree to drop the charges?

No. Victims of a crime do not have the ability to dismiss or “drop” the charges. The district attorney is the one who chooses to file and decides whether or not to dismiss a case.


If you have been charged with domestic violence contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation.


The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship.


Brittany Carroll Lacayo, Houston Criminal Defense Attorney Areas of Practice
DUI/DWI/Drunk Driving Defense Illegal Drug Charges Defense Marijuana Charges Defense
Meth Charges Defense Violation of Probation Charges Defense Assault Charges Defense
Domestic Violence Charges Defense Clear Your Record/Expunge Your Record Criminal Mischief Charges Defense