Assault / Domestic Violence / Family Violence / Aggravated Assault

We often find that the someone who accuses another of domestic violence has some ulterior motive in making such allegations. Whether it be to gain an advantage in a divorce, a child custody matter, to increase child support payments, acquire the home in a divorce, or they are simply angry that their relationship is failing and they want to get even.


Domestic violence cases are always messier than they seem from the outside. We almost always find other outside influences when it comes to allegations of domestic violence and we strive to find those influences.

Our Approach to Defending Assault & Domestic Violence Cases:

Records, records, and more records. We diligently attain the phone records, the call records, the text messages, the social media records which in turn will often times reveal an ulterior motive for making the false accusations. When confronted with these records, often times the accuser backs off the allegations and simply wants the case to be dismissed.

One of our partners was the chief of the domestic violence division and lead the team of prosecutors who handled these types of cases in the Fort Bend County DA’s Office for over five (5) years.  We know exactly how the system works and how to attack these cases.

The Law:

 Various Types of Assault Charges in Texas

  • Offensive Touching
    • Touching another individual in a way that was offensive
    • Class C Misdemeanor:
      • No jail time
      • Up to $500 fine
  • Causing Bodily Injury
    • You touch someone and cause pain
    • Class A misdemeanor:
      • Up to 1 year in county jail
      • Up to $4,000 fine
  • Assault with Domestic Violence
    • If a person assaults and causes bodily injury to a family member, household member, or dating partner.
    • Class A Misdemeanor:
      • Up to 1 year in county jail
      • Up to $4,000 fine
    • 2ndOffense
      • 3rddegree felony
      • Up to $10,000 fine
      • If you have a previous assault and there was no affirmative finding of family violence at the time you pled, the State can still prove it was a family violence assault by calling the previous victim as a witness and enhance you to the 3rddegree felony
  • Aggravated Assault
    • An assault causing bodily injury AND
      • You used a Deadly Weapon OR
      • Caused Serious Bodily Injury
      • OR threaten someone with a deadly weapon (pointing a gun at someone)
    • 2nd degree felony
      • 2 – 20 years in prison
      • Up to $10,000 in fines