Assault in Family Violence Cases in Galveston County

Criminal defense lawyer near you discussing repeat assault charges involving family violence in Galveston County

Assault in Family Violence Cases in Galveston County

(Including Repeat Offender Felony Escalation)

Assault charges are always serious under Texas law, but when the alleged victim is a family or household member, the stakes increase dramatically. In Galveston County, assault involving family violence is treated with heightened scrutiny and can escalate quickly from a misdemeanor to a felony charge—especially if there is a prior conviction.

Whether this is your first accusation or you’ve been through the system before, you need to understand how these cases work, how repeat allegations are treated, and why you should contact a skilled lawyer near you immediately.

In this post, we’ll cover:

  • What defines “family violence” under Texas law

  • How assault becomes a family violence offense

  • Penalties for first-time and repeat offenders

  • How Galveston County courts handle these cases

  • Long-term consequences of a conviction

  • Why hiring a local defense attorney is critical

What Is Considered “Family Violence” in Texas?

Under Texas Family Code §71.004, family violence is defined as:

  • An act by a member of a family or household

  • Intended to result in physical harm, bodily injury, assault, or a threat that reasonably places another in fear of imminent harm

Family or household members include:

  • Current or former spouses

  • Romantic or dating partners

  • Parents of the same child (regardless of relationship status)

  • Relatives by blood or marriage

  • Roommates or people living in the same household

Texas courts do not take a “wait and see” approach to family violence. If a police officer finds probable cause during a domestic dispute, they are likely to make an arrest—even if the alleged victim doesn’t want to press charges.

First-Time Assault – Family Violence Charges

Legal Classification:

  • Class A misdemeanor (under Texas Penal Code §22.01)

What Prosecutors Must Prove:

  • You intentionally, knowingly, or recklessly caused bodily injury

  • The victim was a family or household member

  • The assault was not in self-defense

Penalties:

  • Up to 1 year in county jail

  • Up to $4,000 fine

  • Protective order issued against you

  • Firearm restrictions under state and federal law

  • Marked as “Family Violence” on your criminal record—even if the case is deferred or probated

This “family violence” tag follows you for life and cannot be sealed or expunged, even if you complete probation.

Repeat Family Violence Charges – Felony Escalation

If you’ve previously been convicted of Assault – Family Violence, a second charge is treated far more severely.

Legal Classification:

  • Third-degree felony under Penal Code §22.01(b)(2)

Penalties:

  • 2 to 10 years in prison

  • Up to $10,000 fine

  • No eligibility for deferred adjudication

  • Lifetime impact on employment, custody, and housing

The prosecution must prove:

  • The new charge meets the elements of family violence assault

  • You have a prior conviction for family violence, even if it occurred years ago or in a different county

In Galveston County, the District Attorney’s Office maintains detailed records of prior offenses, and even out-of-county or out-of-state convictions can trigger felony escalation.

Aggravating Factors That Can Enhance Charges

Some family violence cases may be charged even more severely, including:

Assault by Choking or Impeding Breath

  • Automatically charged as a third-degree felony

  • Prosecutors do not need a prior conviction to enhance the charge

  • Common in domestic disputes involving strangulation or covering of the mouth

Use of a Deadly Weapon

  • Elevates the charge to aggravated assault, a second-degree or first-degree felony

  • Carries penalties of 2–20 years or up to life in prison

Violation of a Protective Order

  • Filing for protective orders is common in Galveston family assault cases

  • Violating an active order is a separate offense with potential jail time

Real-Life Example: First-Time vs. Repeat Family Violence

Scenario 1: First-Time Offense A man is arrested for shoving his girlfriend during an argument. There are red marks on her arm, and a neighbor calls police. He has no criminal history.

Charge: Class A Misdemeanor – Assault – Family Violence
Penalty: Deferred adjudication, 12 months probation, completion of BIPP (Batterer’s Intervention & Prevention Program)

Scenario 2: Repeat Offense The same man is arrested again 18 months later after slapping a new partner during a dispute. The prior case was not expunged.

Charge: Third-Degree Felony – Assault – Family Violence – Repeat Offender
Penalty: 2–10 years in prison if convicted

Even if the physical injuries are minor, the presence of a prior conviction dramatically changes how the law—and the court—treats the new charge.

How Galveston County Handles Family Violence Assault Cases

Galveston County has a well-documented reputation for taking domestic violence cases seriously. Here’s what to expect:

Arrest and Bond Conditions

  • Arrest is likely at the scene if there is any visible injury or threat

  • Judges often impose no-contact conditions or protective orders at the initial bond hearing

  • Violating these terms may result in bond revocation

Court Process

  • First-time offenses are typically filed in County Court at Law No. 1 or 2

  • Felony repeat offenses go to District Court (122nd, 212th, or 405th)

  • Prosecutors may pursue strict sentencing, especially if children were present or if the defendant has a prior record

Limited Diversion Options

  • First-time misdemeanor offenders may be eligible for deferred adjudication

  • Repeat offenders and felony defendants are rarely offered diversion or probation

  • Judges frequently order anger management, BIPP, and substance abuse assessments

Long-Term Consequences of a Family Violence Conviction

Even a misdemeanor conviction can have lifelong effects:

  • Permanent record labeled with “Family Violence”

  • Loss of firearm rights

  • Immigration consequences (if you are not a U.S. citizen)

  • Difficulty securing housing or employment

  • Loss of child custody or visitation rights

  • Ineligibility for expungement or record sealing

Many people underestimate these charges. A conviction—even one without jail time—can follow you for the rest of your life.

Why You Need a Lawyer Near You Immediately

If you’ve been arrested or accused of assault in a family violence case in Galveston County, time is not on your side. You may already be facing a protective order, loss of access to your home or children, and an aggressive prosecution team.

At the Law Office of JL Carpenter, we’ve successfully defended family violence cases across Galveston County. JL is a former felony prosecutor, and she knows how the DA’s office builds its case—and how to dismantle it before it ever reaches a jury.

Whether you’re facing a first-time accusation or a repeat felony, we will:

  • Examine police reports, witness statements, and 911 recordings

  • Challenge unlawful arrests or exaggerated claims

  • Fight to prevent a conviction and preserve your record

Call (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to schedule your confidential consultation with a lawyer near you who knows the Galveston courts—and how to fight for your freedom.