Domestic violence is one of the most charged crimes in Texas. These cases are the most personal, because they involve the people you care about most. Ms. Gildner spent the majority of her years as a prosecutor handling family violence cases. She knows what to expect from the State and will be ready to fight for the best possible outcome for you.
Collateral Consequences
Even a Class C Family Violence charge can have an impact that goes far beyond the criminal case. Family Violence cases are often paired with a divorce, child custody battle and protective order proceedings. It is not uncommon for someone charged with family violence to lose access to their children and the family home. Furthermore, these cases can lead to a finding of family violence, which, much like sex offender status, can dramatically impact future employment. It is vitally important for anyone facing a family violence case to have an attorney with experience handling these cases.
Your Best Defense for Family Violence.
Note: The following information summarizes portions of Texas law for general informational purposes only. Laws may change, and this content may not reflect the most current version of the law.
Family Violence
Family violence charges in Texas are treated seriously, with penalties that range from a Class A misdemeanor (up to 1 year in jail and a fine of up to $4,000) to a third-degree felony (2-10 years in prison and up to $10,000 in fines). If the accused has prior convictions or the violence is deemed continuous, penalties increase. In addition to incarceration, individuals convicted of family violence may face protective orders and limitations on firearm ownership. Family violence carries both criminal and long-term civil consequences.
Texas Penal Code: Family Violence (§ 22.01, § 25.11)
Under Texas law, family violence (often called domestic violence) involves an assault against a family member, household member, or someone the accused is dating. The offense can be committed by intentionally, knowingly, or recklessly causing bodily injury, threatening imminent injury, or causing physical contact the victim might find offensive. Family violence ranges from Class A misdemeanor to third-degree felony, depending on the severity of the injury, use of weapons, or prior offenses. Continuous family violence (§ 25.11) is a more serious offense involving repeated acts of assault over a period of time and is classified as a third-degree felony. In some cases, previous convictions can elevate the charge to a second-degree felony.
Assault & Battery
First Offense:
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Definition: Assault against a family member causing bodily injury.
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Classification: Class A Misdemeanor.
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Punishment: Up to 1 year in county jail, and a possible fine up to $4,000.
Repeat Offense:
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Definition: Committing assault against a family member after a previous conviction for the same.
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Classification: Third-Degree Felony.
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Punishment: 2 to 10 years imprisonment, and a possible fine up to $10,000.
First Offense:
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Definition: Assault against a family member causing bodily injury.
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Classification: Class A Misdemeanor.
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Punishment: Up to 1 year in county jail, and a possible fine up to $4,000.
Repeat Offense:
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Definition: Committing assault against a family member after a previous conviction for the same.
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Classification: Third-Degree Felony.
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Punishment: 2 to 10 years imprisonment, and a possible fine up to $10,000.