Continuous Violence Against the Family
Domestic assault is typically charged as a misdemeanor in Texas. However, repeat offenders who have a history of domestic assault may face felony charges. A person with multiple assault charges against family members may be charged with continuous violence against the family.
A person charged with continuous violence against the family may face heavy consequences. Steep fines, possible incarceration, and a criminal record may await those charged with continuous violence against the family. If you or someone you know has been charged with a domestic violence crime, it’s crucial that you gain trusted legal representation.
Domestic Violence Attorney in Cameron County, Texas
Any family-related issue can be stressful and complex. Often, law enforcement may make an arrest without knowing the full situation. Even if the event arose from a misunderstanding, Texas law may still charge you. Any person who has been charged with continuous violence against the family, should seek an experienced criminal defense attorney.
Johnathan Gracia is a knowledgeable attorney with a focus in criminal defense. He is compassionate with clients and aggressive in the courtroom. Johnathan Gracia will ensure that no stone goes unturned and will uncover all your legal options for you. We understand that family legalities can be confusing, let The Gracia Law Firm guide you.
Johnathan Gracia defends those accused of continuous violence against the family in the greater Brownsville area and surrounding cities including San Benito, La Feria, Palm Valley, Harlingen, and Los Fresnos.
Call us now at (956) 504-2211 for a free consultation.
Overview of Continuous Violence Against the Family
- Penalties for Continuous Violence Against the Family
- Domestic Assault Charges in Texas
- Statute of Limitations
- Additional Resources
Texas Penalties for Continuous Violence Against the Family
Texas has created a statute for offenders who repeatedly commit domestic assault. If a person engages in conduct that would constitute as domestic assault two or more times in a 12-month period, he or she may be charged with continuous violence against the family.
For a person to be convicted, the jury does not have to unanimously agree on the date or the specifics of the assault itself. The only decision the jury must agree upon is if the alleged offender committed domestic assault two or more times in a year-long period. There does not need to be only one victim for this crime. A person can assault multiple members of the family and still be charged with continuous violence against the family.
A person charged with continuous violence against the family may face a third-degree felony. The maximum penalties for a third-degree felony include:
- Up to 10 years in prison; and
- A possible fine of up to $10,000.
Domestic Assault Charges in Texas
For a person to be charged with continuous violence against the family, he or she must have a history of domestic assault. The elements of assault can be found under Texas Penal Code § 22.01. A person does not have to inflict serious bodily injury to the victim to be charged with assault; in fact, a threat is enough for a person to be charged.
If a person does any of the following, he or she may be charged with assault.
- Inflicts bodily injury to another;
- Threatens another with imminent bodily injury; or
- Causes physical contact with another when the alleged offender should reasonably know that the touch would be considered offensive or provocative.
The penalty for a domestic assault charge, without any aggravating factors, is normally a Class A misdemeanor. The maximum legal consequences for a Class A misdemeanor include:
- Up to 12 months in county jail; and
- A possible fine of up to $4,000.
Statute of Limitations
Not every prosecutor immediately files charges against an alleged offender. In some cases, the State may want to gather more evidence for the possibility of a trial. However, the prosecution only has a certain amount of time to formally file those charges. This deadline is called a statute of limitations. The statute of limitations begins on the date of the crime or discovery of the crime.
In Texas, a crime’s statute of limitations is dependent on the severity of the crime. Since domestic assault is a misdemeanor, the statute of limitations is two years. A charge of continuous violence against the family charge is a felony, so the statute of limitations is three years.
Texas Family Violence Benchbook – Visit the official website for the Texas Courts and gain access to the Texas Family Violence Benchbook. Find more information about protective orders, the protective order registry, child custody and support provisions, and family violence surrounding immigrant families.
Texas Family Violence Laws – Visit the official website for Texas Penal Code, a collection of state laws and legislation. Find more information surrounding continuous violence against the family, sale or purchase of a child, harboring a runaway child, and other related offenses.
Brownsville Lawyer for Continuous Violence Against the Family in Texas
If you or someone you know has been charged with continuous violence against the family in Cameron County, it’s necessary that you talk to a criminal defense attorney. An experienced attorney can file motions, suppress evidence, and help you mount a strong defense.
Johnathan Gracia is a skilled attorney who understands the intricacies of family dynamics and law. He understands that juggling family issues in court can be overwhelming. We want to make sure this process is as painless as possible for you and your family. Start your defense today with The Gracia Law Firm.
The Gracia Law Firm represents those accused of family violence in Cameron County and surrounding counties including Hidalgo County and Willacy County.
Call us now at (956) 504-2211 for a free consultation today.
This article was last updated on November 5, 2018.