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Domestic Assault Offenses in Texas

 Posted on January 15, 2024 in Family Violence

TX defense lawyerIf you commit domestic assault in the Lone Star state, you will be charged with domestic or family violence. Texas Family Code §71.004 defines domestic violence as an act against another family or household member that results in physical harm or bodily injury or places that person in fear of such harm or injury.

Our Frisco domestic violence defense attorneys would like to discuss various domestic assault offenses in Texas and the potential punishments for each.

Family Violence Facts

In a recent year, Texas experienced the following:

  • 196,564 incidences of family violence
  • 219,785 offenders
  • 39% of cases were between a husband and wife or ex-spouses
  • Approximately 74% of defendants were male
  • There were 447 incidences of family violence in Frisco, TX alone, with Collin County experiencing just under 2,900 incidences 

Who Are Considered Family Members?

Texas law defines a family member as the following:

  • A person related by blood, marriage, or adoption
  • A former or current spouse
  • A former or current dating partner
  • A child of a former spouse or dating partner
  • A foster child
  • A foster parent

The only exception to this rule is if you commit harm to another member of your household. Household members are allowed to file domestic assault charges, even if you bear no blood or legal relation to them.

Types of Domestic Assault Offenses

Simple or Aggravated Assault

Texas law defines assault as “intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse.” An assault charge is usually a Class A misdemeanor, punishable by up to one year in jail, a fine of $4,000, or both

If you use a deadly weapon or cause serious bodily injury to another, then you will be charged with aggravated assault. This is a second-degree felony, with a potential prison term of two to 20 years and a maximum fine of $10,000.


An individual may be charged with homicide if he or she intentionally, knowingly, recklessly, or through criminal negligence causes the death of another person. Capital murder (first-degree murder), murder (second-degree murder), manslaughter, and negligent homicide all fall under this offense.


If you intentionally or knowingly abduct another person, you are guilty of kidnapping. A kidnapping offense is a third-degree felony, punishable by up to 10 years in jail, with a potential fine of $10,000.


A person commits robbery if, during the course of a theft, the person recklessly or intentionally:

  • Causes bodily injury to another; or
  • Threatens someone or makes them fear imminent injury or death

If you are convicted of robbery, you may be spending anywhere between two to 20 years in prison, alongside paying a maximum fine of $10,000.

Sexual Offenses

Under Texas law, sexual offenses can include rape, fondling, continuous sexual abuse, incest, and statutory rape, just to name a few. If convicted, you will likely be serving time. Many of these offenses are charged as felonies, although perhaps the worst part may involve being publicly listed on the sex offender registry.

Understandably, anyone would panic facing a family violence charge. With over 25 years of combined experience, our Collin County, TX, domestic violence defense attorneys will work to give you the best possible outcome.

Contact Our Frisco, TX, Domestic Violence Defense Attorneys Today

A family violence charge can be humiliating, immediately ruining your reputation. If you are in the midst of defending a domestic violence charge, do not attempt to do so on your own. Our Collin County, TX, domestic violence defense attorneys from Law Offices of Biederman & Burleson P.L.L.C. are here to assist you every step of the way. Contact us online today or by calling 469-333-3333 to schedule your free consultation.  

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