Domestic assault or spousal abuse is one of the most commonly charged criminal offenses in Dallas. Family violence assault allegations can arise from a number of situations, including arguments that have escalated out of control, divorce disputes, and child custody disagreements.
A conviction for domestic assault can result in serious penalties, including whether jail or prison sentences, fines, a criminal record, an inability to own or possess a firearm, and a possible protective order. Therefore, it is essential to hire an experienced criminal defense lawyer in Dallas who will make every effort to help you avoid the most serious penalties and consequences of your alleged offense.
Dallas Domestic Assault Lawyer
If you have been charged with domestic assault in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.
Attorney Richard McConathy is knowledgeable in all areas of Texas’ family violence laws and will make effort to fight the allegations against you. Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your alleged family violence assault.
Definition of a Family Member in Dallas
Domestic assault allegations often arise when an individual commits an assault against a family member. A family member is defined under Texas law as anyone who is related by blood or by marriage, former spouses, parents of the same child, foster parents, and step-parents.
An individual can also be charged if they commit an assault against a household member. Texas law defines a household member as anyone who resides or previously resided in the same home, such as roommates.
Domestic Assault in Dallas
Under Texas Penal Code § 22.01, an individual can be charged with domestic assault if they
- Knowingly, intentionally or recklessly cause bodily injury to their spouse or a family member;
- Knowingly or intentionally threaten their spouse or family member with immediate bodily injury; or
- Knowingly or intentionally cause physical contact to their spouse or family member they knew or had reasonable belief their spouse or family member would consider offense or provocative.
Dallas Aggravated Domestic Assault
As defined in the Tex. Penal Code § 22.02, an individual can be charged with aggravated domestic assault if they commit domestic assault against their spouse or family member and:
- Causes the spouse or family member serious bodily injury, or
- Uses or exhibits a deadly weapon during the commission of the domestic assault.
Dallas Domestic Assault Penalties
An individual who is charged with the offense by threatening bodily injury or threatening to cause offensive physical contact can receive a conviction for a Class C misdemeanor, which is punishable by a fine up to $500.
An individual who is charged with a first offense by causing bodily injury to a family member or spouse can receive a conviction for a Class A misdemeanor, which is punishable by a fine up to $4,000 and/or up-to one year in jail.
An individual who is charged with an offense by causing bodily injury to a family member or spouse that has previously been convicted of a violent offense against the family member can lead to a conviction for a felony of the third degree, which can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.
An individual who is charged with an offense by strangling their spouse or family member, or otherwise stops the normal breathing or blood circulation of their spouse by applying pressure to the neck or throat or blocking their nose or mouth, can result in a conviction for a felony of the third degree. This is punishable by two to ten years in prison and/or a fine of up to $10,000. However, if the alleged offender has a history of family violence, this offense can increase to a felony of the second degree, which is punishable by a prison sentence of two to 20 years and/or a fine up to $10,000.
Dallas Aggravated Domestic Assault Penalties
An individual charged with aggravated domestic assault can be convicted of a felony of the second degree, which is punishable by two to 20 years in prison and/or a fine up to $10,000.
An individual who is charged with assault by using a deadly weapon during the offense and causing serious bodily injury to their spouse or family member can be convicted of a felony of the first degree. A conviction for this degree of offense is punishable by five years to 99 years in prison and/or a fine up to $10,000.
Find a Fort Worth Family Violence Assault Attorney | Law Offices of Richard C. McConathy
Contact Law Offices of Richard C. McConathy today for a consultation about your domestic assault allegations throughout Dallas County in Texas. Richard McConathy is a knowledgeable Dallas domestic violence lawyer who will make every effort to help you achieve the best possible outcome for your particular offense.
Call (972) 233-5700 or fill out an online form right now for a consultation about your domestic assault charges throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.