Domestic violence involves an act of violence committed against a family or household member, whether it’s a current or former spouse/romantic partner, relative, or roommate. In Texas, there are three specific types of domestic violence crimes: domestic assault, aggravated domestic assault, and continuous violence against the family.
Domestic assault occurs when a person intentionally or recklessly causes bodily injury, intentionally threatens someone else with imminent bodily harm, or intentionally causes provocative or offensive physical contact. Domestic assault is a Class A misdemeanor, punishable by a jail term of up to one year and a maximum fine of $4,000. However, if a person has a previous domestic assault conviction, the subsequent offense is a third-degree felony, which carries a maximum prison term of up to 10 years and a fine of no more than $10,000.
Aggravated domestic violence occurs when a person intentionally or recklessly causes serious injury or uses or shows a deadly weapon while committing assault, even if it is used as a threat or an offensive act. This type of domestic assault is a second-degree felony, punishable by imprisonment for up to 20 years and a fine of no more than $10,000. However, if aggravated domestic assault involves a serious injury or a deadly weapon, then it is a first-degree felony, which carries life imprisonment.
Continuous violence against the family occurs if someone commits two domestic assault within one year or 12 months. This type of domestic assault is a third-degree felony.
If a police officer in Texas has probable cause to believe someone committed domestic violence, the police will make an arrest. Furthermore, only the state prosecutor has the authority whether to drop the charges – not even the alleged victim.
If you or a loved one has been arrested for domestic violence in College Station or Bryan, contact The Law Office of Shane Phelps, P.C. today at (979) 773-7028 for a free consultation. Let a former prosecutor with over three decades of experience defend you immediately!