Assault causing bodily injury to a family member is one of the most frequently prosecuted criminal offenses in Austin and across Travis County. These cases often begin with a 911 call reporting a domestic disturbance. When officers arrive, they are trained to separate the parties, gather statements, and make an arrest—sometimes before the full picture becomes clear. That means the person taken to jail may not be the aggressor, and the circumstances of what actually happened may be far more nuanced than the initial police report suggests.
If you or someone you care about has been arrested on a family violence charge in Austin, Texas, the decisions made in the first hours and days can have lasting consequences. At CMK Defense, PLLC, we represent individuals charged with assault family violence offenses at every level—from Class A misdemeanors to serious felonies—and we are committed to building the strongest possible defense on your behalf. Call us at (512) 375-3303 or visit us at 505 W 12th St #206, Austin, TX 78701.
How Texas Law Defines Assault Causing Bodily Injury to a Family Member
Under Texas Penal Code § 22.01, a person commits assault when they intentionally, knowingly, or recklessly cause bodily injury to another person. When the alleged victim falls within the statutory definition of a family or household member—or is someone with whom the accused has a current or former dating relationship—the offense is elevated to an assault family violence charge, which triggers a distinct and more serious set of legal consequences.
“Bodily injury” under Texas law means physical pain, illness, or any impairment of a physical condition. This definition is intentionally broad. A complaint of pain, a visible mark, or even a reddened area of skin can be sufficient for officers to make an arrest and for prosecutors to pursue charges.
Who Qualifies as a “Family Member” Under Texas Law?
Many people assume family violence charges only apply to married couples or blood relatives. Texas law casts a much wider net. Under the Texas Family Code § 71.004, family violence can involve any of the following relationships:
- Current or former spouses
- Parents and children, whether biological, adoptive, or through foster care
- Siblings and other relatives by blood, marriage, or adoption
- Co-parents—individuals who share a child regardless of marital status
- Current or former romantic or dating partners
- Roommates and other individuals sharing the same household
Because the definition is so expansive, assault family violence charges can arise out of conflicts between people who may not think of themselves as “family” in a traditional sense. A dispute between roommates, former dating partners, or even individuals who previously lived together can all fall within this statute.
Penalties for Assault Causing Bodily Injury to a Family Member in Texas
The consequences of a conviction depend heavily on the specific facts of the case, the defendant’s prior record, and whether any aggravating factors are present. Here is how the law structures these charges:
Class A Misdemeanor — First Offense
A first-time assault causing bodily injury to a family member charge is typically prosecuted as a Class A Misdemeanor—the highest level of misdemeanor offense in Texas. A conviction can result in:
- Up to one year in county jail
- Fines up to $4,000
- Probation or community supervision
- Mandatory completion of a batterer’s intervention program (BIP)
- Issuance of a protective order restricting contact with the complaining witness
- A permanent, non-expungeable conviction on your criminal record
One of the most significant consequences that many people overlook is that a family violence conviction under Texas law cannot be expunged or sealed, even for a first offense. This makes it critical to contest the charge rather than accept a plea without fully understanding your options.
Third-Degree Felony — Repeat Offenses and Strangulation Cases
Several circumstances can elevate an assault family violence charge from a misdemeanor to a Third-Degree Felony under Texas Penal Code § 22.01(b). These include:
- A prior conviction for any family violence assault offense
- Assault involving strangulation or suffocation
A Third-Degree Felony conviction carries:
- 2 to 10 years in the Texas Department of Criminal Justice (TDCJ)
- Fines up to $10,000
- Permanent loss of firearm rights under both Texas and federal law
- Collateral consequences affecting employment, professional licensing, and child custody
Second-Degree Felony — Aggravated Family Violence
When a deadly weapon is used or exhibited during an assault against a family member, the charge escalates to an Aggravated Assault, prosecuted as a Second-Degree Felony. Punishment ranges from 2 to 20 years in prison with fines up to $10,000. In cases where a firearm is discharged from a vehicle toward a habitation or residence, a First-Degree Felony may be charged, carrying a sentencing range of 5 to 99 years or life in prison.
Long-Term Consequences Beyond the Courtroom
A family violence conviction—even at the misdemeanor level—carries collateral consequences that extend well beyond any jail sentence or fine. In Texas, individuals convicted of assault family violence face:
- Permanent firearm prohibition under federal law (18 U.S.C. § 922(g)(9)), regardless of whether the conviction was a misdemeanor or felony
- Adverse rulings in family court proceedings involving child custody and visitation
- Disqualification from employment in fields such as healthcare, education, law enforcement, and government contracting
- Immigration consequences for non-citizens, including potential deportation or inadmissibility
- Difficulty securing housing, professional licenses, and federal student aid
- The charge is not eligible for expunction or non-disclosure in Texas, meaning it will appear on background checks indefinitely
Defenses to Assault Causing Bodily Injury to a Family Member
Being arrested for assault family violence does not mean you will be convicted. The prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. An experienced Austin criminal defense attorney will scrutinize the evidence and identify every viable defense strategy available. Some of the most commonly applicable defenses in Travis County family violence cases include:
Self-Defense and Defense of Others
Texas law expressly recognizes the right of individuals to use force—including physical force—when they reasonably believe it is immediately necessary to protect themselves or another person from imminent unlawful physical force. Under Texas Penal Code § 9.31, self-defense is a complete defense to assault charges. If the evidence shows that you acted to protect yourself or someone else from harm, this can defeat the prosecution’s case entirely.
No Intent or Accidental Conduct
The state must prove that you acted intentionally, knowingly, or recklessly. If the contact or injury was truly accidental—the result of an unintentional act with no criminal mens rea—the prosecution cannot meet its burden. This defense is particularly relevant in cases involving highly contested accounts of what actually happened.
Lack of Credible Evidence
Family violence allegations are sometimes made in emotionally charged situations: contentious divorces, custody disputes, or relationship breakups. In these contexts, accusations may be exaggerated, fabricated, or made out of anger or a desire to gain an advantage in civil proceedings. A thorough investigation—including review of text messages, surveillance footage, medical records, and witness statements—can reveal inconsistencies that undermine the credibility of the complaining witness.
Affirmative Defense: Consent
In limited circumstances, evidence that both parties were engaged in mutual combat or that the alleged victim consented to the conduct may be relevant to the defense strategy, depending on the specific facts presented.
Unlawful Arrest or Constitutional Violations
If law enforcement violated your Fourth Amendment rights during the investigation—through an unlawful search, improper interrogation, or failure to administer Miranda warnings—evidence obtained as a result may be suppressed. Suppression of key evidence can significantly weaken or eliminate the prosecution’s case.
What Happens After an Arrest for Assault Family Violence in Austin?
Understanding the process that follows an arrest can help you make informed decisions and avoid common mistakes that harm your case.
- Arrest and Booking: After an arrest, you will be booked into the Travis County jail. A magistrate will typically set bond conditions, which often include a no-contact order prohibiting any communication with the alleged victim.
- Magistrate’s Order for Emergency Protection (MOEP): Texas law requires magistrates to consider issuing an emergency protective order in family violence cases. Violating this order—even at the alleged victim’s request—can result in additional criminal charges.
- Filing of Charges: Travis County prosecutors review the police report and evidence and decide whether to file charges. They may proceed even if the complaining witness does not wish to cooperate or has recanted.
- Arraignment and Pre-Trial Proceedings: Your attorney will appear with you at arraignment, enter a plea, and begin the process of reviewing discovery and evaluating defenses.
- Negotiation or Trial: Depending on the strength of the evidence, your attorney may negotiate with prosecutors for a reduction or dismissal of charges, or the case may proceed to trial before a judge or jury.
One critical point: the alleged victim cannot simply “drop” the charges in a Texas family violence case. Once the state takes over prosecution, it is the Travis County District Attorney’s office—not the alleged victim—that decides whether to proceed. This is why retaining a skilled Austin assault attorney as early as possible in the process is so important.
Why Choose CMK Defense, PLLC for Your Austin Family Violence Case?
At CMK Defense, PLLC, we understand that a family violence charge can upend every aspect of your life. Our approach is built around thorough case investigation, aggressive advocacy, and clear communication at every stage of your case. We represent clients charged with assault family violence offenses throughout Austin, Travis County, and the surrounding Central Texas area.
About The Author
Angelica Cogliano is a skilled Austin criminal defense attorney known for her strong courtroom work and growing knowledge of forensic science. She handles both trial and appellate cases and practices in state and federal court. Angelica has argued cases before the 5th Circuit and the Texas Court of Criminal Appeals.
In 2024, she received the Rising Star Award from the Texas Criminal Defense Lawyers Association for her hard work and leadership in criminal defense. She also speaks across the country on topics such as forensic science and criminal law.
Angelica is committed to giving her clients smart, thorough representation while continuing her education in forensic science. She currently serves as president of the Austin Criminal Defense Lawyers Association and sits on the boards of the Texas Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers.
