Aggressively Defending Family Assault Charges in Houston and Harris County.
Police are often called to handle domestic violence situations in Texas. They typically make an arrest to diffuse the situation, regardless of who called them. If you were arrested for domestic violence or Assault Family Member in Houston, it doesn’t always mean you have committed a crime, but you are now facing a serious legal process. Domestic violence and family assault charges carry significant potential penalties and can have devastating impacts on your family, reputation, and future.
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The Houston assault lawyers of Lisa Shapiro Strauss Attorney at Law can help. Our law firm represents clients accused of domestic violence. Lisa Shapiro Strauss understands what’s at stake when it comes to defending clients against these charges. She has the expertise, skills, and dedication to thoroughly examine the evidence against you and formulate an effective defense strategy.
What Is the Definition of Family/Domestic Violence Under Texas Law?
Domestic violence does not have a single, specific statute under Texas law. These charges often involve offenses that are listed under Title 5, Chapter 22 of the Texas Penal Code, most commonly assault. One of the definitions of assault in Sec. 22.01 states that assault is when a person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; or intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.
The key to Domestic Violence or Family Violence charges is the Relationship between the accused and the alleged victim. The Texas Family Code, Title 4, Subtitle A, Chapter 71, Sec. 71.004 defines “Family Violence” as:
An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; Abuse, as that term is defined by specific sections of the Family Code, by a member of a family or household toward a child of the family or household; or Dating violence, as that term is defined by Section 71.0021.
Types of Domestic Violence Crimes Recognized in Houston Texas
Based on the nature of the act and the relationship between the individuals, domestic violence cases in Texas can be categorized into different types of charges. In Houston, these cases are prosecuted based on the specific offense committed and the family violence finding.
- Domestic Assault: This charge typically applies to basic assault (causing bodily injury, threat, or offensive contact) when the victim is a family member, household member, or dating partner. If the defendant does not have any prior convictions of domestic assault, the first charge is often a Class A misdemeanor.
- Aggravated Domestic Assault: This is usually charged when a basic domestic assault involves causing serious bodily injury or the use or exhibition of a deadly weapon. This is typically a 2nd degree felony, but it is a 1st degree felony if the charge also includes use of a deadly weapon and causes serious bodily injury.
- Assault Impeding Breath or Circulation: This is a specific and serious type of felony domestic assault involving the obstruction of a person’s breathing or blood circulation.
- Continuous Violence Against the Family: This is considered a 3rd degree felony under Texas law. A defendant can be convicted of this crime if he or she is found to have committed two domestic assaults within a 12-month period. The two assaults do not have to have resulted in arrest or conviction and do not have to be committed against the same person to be convicted of this charge.
How The Relationship Between the Suspect and Alleged Victim Determines the Charge
The designation of a criminal charge as “domestic violence” or involving a “family member” in Texas is based solely on the relationship between the accused and the alleged victim, as defined by the Texas Family Code. This relationship finding is critical because it can elevate the level of the assault charge and trigger specific consequences, like enhanced penalties for repeat offenses or mandatory protective orders.
It is considered domestic violence if the alleged act is committed against:
- A family member by blood, marriage or adoption
- A current or former spouse
- Someone the accused has dated or is currently dating
- A member of the accused’s household (which can include unrelated roommates)
- Someone the accused has a child with
- The child of a current or former spouse
Penalties for a Conviction of Domestic Violence Crimes in Houston & Harris County
A conviction for domestic violence crimes in Texas carries severe consequences, particularly when a family violence finding is made. Penalties vary based on the classification of the charge (misdemeanor or felony). These can dramatically affect the course of your life if you are convicted of this crime in Houston or Harris County.
Criminal Penalties
- Class A misdemeanor: Up to 1 year in county jail and/or a fine of up to $4,000 (Typical penalty for a first domestic assault without serious injury or deadly weapon).
- 3rd degree felony: 2 to 10 years in prison and a fine of up to $10,000 (e.g., Continuous Violence Against the Family, Assault Family Member with a prior conviction, Simple Assault against a family member causing bodily injury if there’s a prior family violence finding).
- 2nd degree felony: 2 to 20 years in prison and a fine of up to $10,000 (e.g., Aggravated Domestic Assault).
- 1st degree felony: 5 to 99 years in prison and a fine of up to $10,000 (e.g., Aggravated Domestic Assault with a deadly weapon causing serious bodily injury, or against a child/elderly/disabled family member).
Under Texas law, a person convicted of assault may also be ordered to pay restitution to the victim. This is a form of compensation that intends to pay back medical bills, damaged property, etc. that were paid by the victim due to the assault.
Lasting Collateral Consequences in Houston & Harris County
There are lasting effects after your prison sentence is completed and your fines are paid. A domestic violence conviction in Houston can have severe consequences that impact many aspects of your life, including:
- Child Custody: A conviction can significantly impact your access to your children in a custody case, potentially leading to supervised visitation or loss of custody.
- Firearm Rights: A conviction for a misdemeanor crime of domestic violence or any felony prohibits you from legally possessing firearms under federal law.
- Employment: A conviction can make it difficult to find or keep a job, particularly in fields requiring background checks.
- Housing: Finding a place to live can become challenging as landlords often conduct background checks.
- Credit and Financial Assistance: A criminal record can sometimes affect your ability to get approved for credit or receive certain types of financial assistance.
- Immigration Status: Non-citizens can face severe immigration consequences, including deportation.
- Reputation: Damage to your personal and professional reputation in the Houston community.
Understand the potential penalties for your domestic violence charge. Contact a Houston attorney.
Restraining Orders & Protective Orders in Harris County
In domestic violence cases in Texas, judges can issue temporary restraining orders or permanent protective orders to prevent contact between the accused and the alleged victim. Violating a protective order is a separate criminal offense with severe penalties, including fines and jail time.
We Can Help You Make Sense of Restraining Orders Issued By Harris County.
Our Houston domestic violence attorney has years of experience helping clients navigate these orders. Also, if a judge places a temporary restraining order against you, we can help get it lifted. It is important that you comply with a restraining order, even if the other party initiates contact or contacts you directly. If you violate a protective order, you can face serious consequences.
Can Our Houston Domestic Violence Attorney Protect You Against False Allegations?
False allegations and false accusations are unfortunately common in domestic violence cases, particularly in contentious divorce proceedings or child custody disputes, where one party may use them to gain an advantage. Our Houston domestic violence defense lawyer understands how to protect your rights against false claims.
Lisa Shapiro Strauss was a Former Prosecutor who understands how to protect your rights. She was trained by prosecutors who handled family violence and domestic abuse cases. Lisa also knows that cases that have family members are very sensitive. She uses all of her resources to investigate what happened and figure out the best course of action of defending clients. Her careful case evaluations include reviewing witness statements, gathering and reviewing evidence, examining photographs, and listening to 911 calls.
As a dedicated assault attorney, she understands how these charges can affect your reputation. Her experience handling these cases helps her to show the truth of what happened in your situation. She has years of skill arguing with prosecutors for clients who have prior criminal histories to protect their rights.
Facing false allegations? Contact our Houston domestic violence defense lawyer.
Why Choose Lisa Shapiro Strauss for Your Domestic Violence Defense?
Facing domestic violence or family assault charges in Houston or Harris County requires a defense attorney with specific experience, local insight, and a nuanced approach to these sensitive cases. Lisa Shapiro Strauss offers critical qualifications to defend you.
The Former Prosecutor Advantage
Lisa Shapiro Strauss is a Former Prosecutor. She understands the criminal justice system from both sides. As a former county prosecutor, she was trained by prosecutors who handled family violence and domestic abuse cases. Her background provides invaluable insight into how the State approaches these cases, how they evaluate evidence, and how decisions are made within the Harris County District Attorney’s Office. This insider knowledge is a significant advantage in anticipating their moves and building a strong defense strategy for you in a Houston courtroom.
Extensive Experience in Domestic Violence Cases
With Over 25 Years of Experience as a criminal defense attorney, Lisa has successfully defended clients accused of all types of domestic violence and family assault charges in Houston and Harris County. She understands the legal complexities and personal sensitivities involved in these cases.
Local Knowledge of Harris County Courts
Her experience and unique background enable her to work with clients through many of life’s toughest situations. She knows the prosecutors, judges, court staff, and the way the system works in Harris County. This local knowledge is a significant asset in navigating the legal process effectively.
Compassionate and Dedicated Advocacy
Lisa knows that domestic violence cases can be emotionally challenging for everyone involved. She provides not only aggressive legal defense but also compassionate support, guiding you through the process with clear communication and a focus on protecting your rights and achieving the best possible outcome.
Frequently Asked Questions About Domestic Violence Charges in Harris County
Facing domestic violence charges in Harris County can lead to many questions. Here are answers to some common ones:
How does a domestic violence conviction in Harris County affect child custody?
A domestic violence conviction can significantly impact child custody decisions in Texas family courts. Judges consider a history of family violence when determining what is in the child’s best interest, potentially leading to restricted access or supervised visitation.
Can a victim drop charges for assault on family member in Houston TX?
No, in Texas, the decision to pursue criminal charges rests with the State, specifically the Harris County District Attorney’s Office, not the alleged victim. While the alleged victim’s input may be considered, the prosecution can proceed with the case even if the victim does not want to press charges.
Can I return home after domestic violence charge in Houston?
This depends on the conditions of your bond and any protective orders issued by the court in Harris County. Often, a condition of bond or a protective order will prohibit you from returning to the residence or having contact with the alleged victim. Violating these orders can lead to re-arrest.
What is continuous family violence?
Continuous violence against the family is a felony charge in Texas where a person commits two domestic assaults within a 12-month period. The prior assaults do not need to have resulted in convictions.
Can a family violence protective order affect firearm possession rights in Texas?
Yes. Under both Texas and federal law, being subject to certain protective orders related to domestic violence can prohibit you from possessing firearms.
How do I fight injury to a child by omission charges in Texas?
Injury to a child by omission is a serious charge related to the duty to protect a child. Defenses are complex and depend on the specifics, often involving challenging whether there was a duty to act, knowledge of the danger, or the ability to prevent harm.
Read more domestic violence charge FAQs
Harris County Assault Charge Case Results
Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in domestic violence and family assault cases. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing assault charges, including domestic violence allegations, in Houston and Harris County.
Get Help Now from a Houston Domestic Violence Lawyer
If you are facing domestic violence or family assault charges in Houston or Harris County, you need immediate and experienced legal help. The consequences can be severe, impacting your freedom, your family, and your future.
Lisa Shapiro Strauss is a dedicated Houston domestic violence attorney with a deep understanding of Texas law and the complexities of these cases in Harris County. With her background as a Former Prosecutor and extensive experience, she is prepared to build a strong defense strategy tailored to your specific situation.
Don’t navigate the sensitive and serious legal process alone. Contact the law offices of Lisa Shapiro Strauss today for a free initial consultation to discuss your legal situation confidentially. Call (713) 449-9922 to arrange a discussion.
Contact our Houston office now to discuss your defense strategy confidentially.
