1. Penalties for Assault and Family Violence
Assault
In most states, an assault is committed when one person: tries to or does physically strike
another, or acts in a threatening manner to put another in fear of immediate harm. Many states
declare that a more serious or "aggravated" assault occurs when one tries to or does cause severe
injury to another, or causes injury through use of a deadly weapon.
Assaults vary from state-to-state, but assault is often defined as an attempt to hurt to someone
else, and in some circumstances can include threats or threatening behavior against others. One
general definition would be an intentional attempt, using violence or force, to injure or harm
another person.
Assault Penalties and Sentencing
The penalties and sentences for an assault conviction can vary widely depending on the law of
the state where the offense was committed, as well as the circumstances of each case.
Punishments can range anywhere from fines to imprisonment, depending on the severity of the
offense and the offender's criminal history.
Without a doubt, should the severity of the assault case rise to the level of an aggravated assault,
potential penalties would rise dramatically, because aggravated assault constitutes a felony in all
states.
Additionally, states often create different levels or degrees of severity for assault offenses, each
with its own range of sentencing. Because sentencing laws vary widely depending on the
statutes, the facts of a given case, as well as a variety of other factors, individuals seeking
specific information on assault penalties may be best served by contacting a local criminal
defense attorney.
Family/Domestic Violence in Texas
Family violence in its various forms—spouse assault, elder abuse, sibling violence, and child
abuse—is more prevalent than the public or officials forever suspected.
As a result of our recent statewide survey, TCFV was able to get a better understanding of family
Violence in the state of Texas. Fortunately, Texans recognize that domestic violence is a serious
problem in our state. Texans awareness of domestic violence as a crime and their understanding
that it is a serious problem that must be addressed is largely responsible for the increase in
services available to victims.
Not only does domestic violence have social, emotional, psychological and financial
implications, but it also involves a criminal part, because it can include crimes like assault,
2. threats, and harassment. There are five possible forms of domestic violence is verbal,
psychological, physical, sexual, and economic abuse.
Domestic violence is based on a relationship of domination. Victims might experience from
isolation, harassment, denigration, humiliation, intimidation, depreciation, threats, physical and
sexual violence, emotional blackmail or injuries.
Family Violence Penalties in Texas
Simple assault is a Class A misdemeanor, punishable by up to a year in a county jail, unless you
have a previous assurance involving family violence. If so, it becomes a third-degree felony,
carrying a probably 2 to 10 year prison sentence.
And for these purposes, a previous assurance is any family violence case in which you were
found guilty, or pleaded guilty or nolo contendre, even if adjudication was deferred and you
completed probation.
Aggravated assault against a family member is a second-degree felony, punishable by 2 to 20
years in a state prison. But, if you use a weapon and cause serious injury, the charge increases to
a first-degree felony, which can mean up to life in prison.
For more details about Assault and family violence