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Assault

Accusations of violence should never be taken lightly as they can have a lasting effect on you, your family and on your immigration status. It is important to note that many charges can add an affirmative finding of family violence if the offense is committed against a family member as defined by the code.

Family violence is any member of the family or household against another member of the family or household. This could also include former spouses or any non-blood relative living in your household.

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An Affirmative finding of family violence can be placed on any conviction to indicate family violence concerns. This finding will serious consequences for your immigration case. However, even if you are a citizen of the United States, this finding will impact some of your rights. For example, you will not be able to use or possess a firearm or ammunition and can be used to enhance any future offense of family violence to a felony. These consequences apply even when the case was a class c misdemeanor.

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Ranges of punishment:

  • Class C Assault – Assault by offensive or provocative contact (prosecuted in municipal courts) - punishable by a fine up to $500.

  • Class A Assault – bodily injury and family violence cases - punishable by up to 1 year in county jail, and up to a $4,000 fine.

  • Third Degree Felony — Continuous family violence (two or more instances in a 1-year period), assault family violence impeding breath or blood, assault of a public servant—punishable by 2-10 years TDCJ and a fine up to $10,000

  • Second Degree Felony — Aggravated assault (requires either serious bodily injury or the display of a deadly weapon)—Punishable by 2-20 years TDCJ and a fine up to $10,000.

  • First Degree Felony — Aggravated assault with both a deadly weapon and serious bodily injury—Punishable by 5-99 years TDCJ or life and a fine up to $10,000.

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