Assault causing bodily injury in family violence cases is a serious legal matter in Texas, reflecting the state’s commitment to protecting individuals within family or household settings. Family violence laws address acts that cause physical harm or create fear of harm among family members, recognizing the unique dynamics and vulnerabilities involved.
In Texas, the term “assault causing bodily injury family violence” refers to situations where a person intentionally, knowingly, or recklessly inflicts physical pain, illness, or any impairment of physical condition on a family member or household member.
This includes spouses, children, parents, siblings, and others who share a close domestic relationship. The law clearly states that even minor injuries such as bruises or cuts qualify as bodily injury, and physical pain or discomfort alone can be sufficient to meet the legal threshold.
What Constitutes Assault Causing Bodily Injury in Family Violence?
Under Texas Penal Code Section 22.01, assault causing bodily injury occurs when someone intentionally, knowingly, or recklessly causes physical harm to another person.
When this offense involves a family member, it is treated with particular seriousness. The Texas Family Code broadly defines family members as spouses, children (biological, adopted, or foster), siblings, relatives by blood or marriage, individuals in dating relationships, and those living in the same household.
The injury does not have to be severe; any physical pain or impairment qualifies. The law also covers offensive physical contact that the victim would reasonably find provocative or insulting, even if it does not result in visible injury.
Legal Consequences and Penalties
When an assault injures a family member, the penalties vary depending on the circumstances and prior history. A first offense is generally charged as a Class A misdemeanor, punishable by up to one year in county jail, fines up to $4,000, and a mandatory counseling course courses.
However, certain factors can escalate the charge to a felony. These include prior convictions for family violence, use of a deadly weapon, or acts such as strangulation. A second offense or assault involving strangulation is typically charged as a third-degree felony, carrying prison terms from two to ten years and fines up to $10,000.
More severe cases involving weapons may be charged as second-degree felonies, with sentences ranging from two to twenty years in prison. Beyond criminal penalties, felony convictions can have long-term impacts such as loss of firearm rights, difficulties in employment and housing, and restrictions on child custody or visitation.
Defenses in Assault Causing Bodily Injury Family Violence Cases
Several defenses are available, depending on the facts of the case. Self-defense is a common and legally recognized defense in Texas, allowing individuals to use reasonable force to protect themselves or others from harm.
Demonstrating that the accused acted to prevent unlawful force can negate criminal liability. Other defenses include lack of intent, where the injury was accidental rather than intentional, and false accusations, which sometimes arise in contentious family disputes.
Mutual combat, where both parties consent to the physical altercation, may also be a defense but is less commonly accepted in family violence cases.
Wrap Up
Texas law treats assault causing bodily injury in family violence cases with gravity due to the potential for ongoing harm within domestic relationships. The legal definition covers various conduct, from physical injuries to threatening behavior, and applies to a broad spectrum of family or household members.
Penalties range from misdemeanors to serious felonies, depending on the seriousness of the offense. There are defenses, such as self-defense, that may be available, but the consequences of a conviction can be significant, affecting freedom, finances, and future opportunities.
