If you are charged with domestic assault in Texas, you’ll need to be advised and defended by the right San Marcos domestic violence defense lawyer – David C. Hardaway.
What constitutes the crime of domestic assault in Texas? An act of violence constitutes domestic assault if it is perpetrated against a family member, a household member, someone that the offender is currently dating or previously dated, or even a roommate, including:
- a family member of the offender by blood, marriage, or adoption
- a current or former spouse, or the child of a current or former spouse
- the other parent of the offender’s child or children
- a foster child or foster parent of the offender
- someone with whom the offender lives
- someone with whom the offender has or had a dating relationship
What Does a Domestic Assault Charge Involve?
In Texas, domestic assault can be any physical contact – including hitting, scratching, and pushing – whether or not that contact results in bodily injury. Domestic assault can also involve threats of violence or physical intimidation with the use of a weapon or the threat of a weapon. The specific charges and potential penalties for domestic assault depend on the severity of the assault and on factors such as the offender’s previous convictions (if any).
What is an Affirmative Finding of Family Violence?
In addition to domestic assault, a number of other crimes in Texas may involve family violence but are not exclusively designated as domestic assault. If you are convicted for one of these crimes, the court can include an “affirmative finding of family violence” (or AFV) with your conviction, which means domestic violence was involved.
What are the Consequences of a Domestic Assault Conviction or AFV?
You do not want a conviction for the crime of domestic assault or an affirmative finding of family violence on your record. A domestic assault conviction cannot be expunged and cannot be sealed in this state. A lot of employers won’t touch you after a domestic assault conviction. If you are an immigrant in this state, a conviction for domestic assault (or an AFV) puts you at risk for deportation.
Texas courts can also use a prior conviction with an AFV as a reason to enhance an offender’s sentence for any future conviction involving family violence.