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Family
Violence, Domestic Violence, and Dating ViolenceFamily
Violence, Domestic Violence, and Dating Violence are generally
lumped together under the term “domestic violence.” If you are involved
in an assault where one of the other parties is a family member,
roommate, or your boyfriend or girlfriend, it’s a whole different ball
game. Texas law takes domestic violence very seriously.
Assuming no bodily injury or choking occurred (and we’ll choking below)
domestic violence assault is generally a Class A Misdemeanor. When a
person is convicted of domestic violence—or even successfully completes
deferred adjudication and had their case dismissed—the court enters a
“Family Violence Finding.” This family violence finding will follow you
for the rest of your life. If you are ever arrested a second time for
family violence the charge gets bumped up from a Class A Misdemeanor to a
Second Degree Felony. Since this is Texas, it’s important to note that
if you have a family violence finding, you may never own or possess a
firearm or ammunition. To do so is against state and federal law.
Texas law has also recently changed regarding domestic violence. Under
the new law, if you “impede the normal breathing” of a person in the
course of committing the offense of domestic violence you will be
charged with a second degree felony (as opposed to a Class A
Misdemeanor). Since the change in the law, all of our clients who have
been charged with domestic violence and who have put their hand
somewhere around or on the other person’s neck or throat have been
charged with a second degree felony.
List of Assault Charges in Texas
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