Understanding Class A Assault and Family Violence Charges

What Is Class A Assault Under Texas Law?

Under Texas Penal Code § 22.01(a)(1), a person commits Class A misdemeanor assault if they:

"Intentionally, knowingly, or recklessly cause bodily injury to another, including the person’s spouse."

This is the most common assault charge filed in Texas, and it's far more serious than a Class C assault because it involves actual bodily injury — even if it’s minor.

Bodily injury is defined under Tex. Penal Code § 1.07(a)(8) as:

“Physical pain, illness, or any impairment of physical condition.”

That means even a slap that causes pain, a push that causes soreness, or a bruise can justify a Class A assault charge.

What Makes It “Assault – Family Violence”?

When the alleged victim has a certain relationship with the accused, Texas law elevates the charge to “Assault–Family Violence (AFV)”, even if the injury is minor.

Under Texas Family Code § 71.004, “family violence” includes:

• Spouse or ex-spouse
• Dating or romantic partners
• People who share a child
• Household or family members
• Roommates or former roommates

So even a first-time Class A Assault is classified differently — not just by name, but by its consequences — when it involves family or dating relationships.

What Are the Penalties for Class A Assault – Family Violence?

Criminal Penalties:

• Up to 1 year in county jail
• Fine up to $4,000
• Combination of jail and fine
• Probation or community supervision

But here’s the critical part: the family violence finding stays on your record for life — even if you serve no jail time. It affects everything from child custody to gun rights.

Consequences Beyond Jail Time:

• Lifetime firearm ban under federal law (18 U.S.C. § 922(g)(9))
• Protective orders that restrict your home or contact with family
• Permanent criminal record that cannot be sealed or expunged
• Child custody and visitation limitations
• Employment and professional licensing barriers

That’s why it’s essential to have an experienced attorney near you fight for a dismissal, reduction, or alternative resolution.

Can Class A Assault – Family Violence Become a Felony?

Yes. The law allows charge escalation in several situations:

1. Prior Conviction for Family Violence

Under Texas Penal Code § 22.01(b)(2), if you’ve ever been convicted of an AFV, any new charge becomes a Third-Degree Felony:

• 2–10 years in prison
• $10,000 fine

2. Strangulation or Impeding Breath

If the assault involves choking, blocking airflow, or impeding circulation, it becomes a Third-Degree Felony, even with no prior record.

If combined with a prior AFV conviction, it becomes a Second-Degree Felony:

• 2–20 years in prison
• $10,000 fine

3. Use of a Deadly Weapon

Even if it starts as Class A Assault, introducing a weapon elevates it to Aggravated Assault, a felony under Tex. Penal Code § 22.02.

What Happens in a Class A Assault – Family Violence Case?

1. Arrest & Protective Orders

Most AFV arrests result in an immediate magistrate’s emergency protective order (EPO), even before trial.

You may be barred from your home, prohibited from seeing your children, or required to surrender firearms — all before you’ve been convicted.

2. Court Process

The case will proceed in County Criminal Court (Class A) or District Court (Felony upgrades) in counties like Harris County or Galveston County.

3. Pretrial Options

An experienced lawyer near you can negotiate:

• Dismissal for weak evidence
• Plea reductions to Class C
• Deferred adjudication (with or without AFV finding)
• Family Violence Intervention Program (FVIP)

But beware: Deferred adjudication still results in a permanent AFV record if not carefully structured.

4. Trial

These cases are fact-intensive, often relying on:

• 911 call recordings (Tex. R. Evid. 803(2))
• Victim statements (Crawford v. Washington limits)
• Medical records
• Photographs of injuries
• Police body cam footage

What Are Common Defenses to Class A Assault – Family Violence?

Self-defense

One of the most common defenses. You’re allowed to defend yourself from harm.

No intent

The prosecution must prove that your actions were intentional, knowing, or reckless — not accidental.

False allegations

In divorces or custody disputes, family violence claims are sometimes fabricated or exaggerated. A thorough cross-examination strategy is key.

Mutual combat

If both parties were involved equally, that can weaken the prosecution’s case or reduce the charge.

Why You Shouldn’t Face Class A AFV Charges Alone

Don’t underestimate the impact of a Class A Assault – Family Violence charge. The criminal record never goes away, and the collateral consequences last a lifetime.

Whether you’re innocent or made a mistake, you need a defense strategy from a lawyer near you who understands local courts and prosecutors.

At Walker Law Office, we’ve defended hundreds of clients in Harris and Galveston County, helped clients avoid convictions, challenge protective orders, and clear their records when possible.

Call Walker Law Office at (713) 228-2611 or contact us at https://www.walkerlawhouston.com/contact/ today to protect your record and your rights.

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