Assault is defined by the Texas Penal Code Section 22.01(a)(1). That section provides that someone has committed the offense of assault if the person "intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse."
Domestic violence charges can involve accusations of either family violence or dating violence. The punishments are the same regardless of whether the person who complained of assault is a family relation.Family Violence can occur in an assault against heterosexual roommates because the legislature in the Great State of Texas does not want to acknowledge that same sex couples exist. A conviction and affirmative finding of Family Violence when someone already has a prior is an automatic third degree felony. Moreover, any time someone assaults someone and impedes his or her breath, and the court or the jury makes an affirmative finding of Family Violence, it is an automatic third degree felony.What is the Definition of "Bodily Injury?"
Texas Penal Code 1.07(a)(8) defines "bodily injury" as physical pain, illness, or any impairment of physical condition."What defenses exist for an assault?
Defenses claims of self-defense, defense of a third person, consent, or lack of witnesses cooperation or availability can make a case of assault into a more complicated legal matter. In certain circumstances the prosecutor may agree to not file charges, reduce assault charges to a lesser offense or drop the charges altogether.
All misdemeanor Assault Family Violence cases in Montgomery County are handled by County Court at Law Judge Claudia Laird. She requires that all defendants attend a court approved Battering Intervention and Prevention Program (BIPP) as a condition of probation. Here are the providers she lists:
Resource Education Center:
Conroe – 936-494-3084
Hempstead – 979-921-0474
Houston – 281-463-9292
Rosenberg – 281-232-3172
She has an expedited docket schedule and writes on her website: "THE PLEA ACCEPTANCE DEADLINE IS THE FIRST DOCKET FOLLOWING ARRAIGNMENT. ALL CASES WILL BE PLEAD AT THIS DOCKET OR SET FOR TRIAL. CASES SET TO THE TRIAL DOCKET WILL NOT BE ALLOWED TO PLEA." It is imperative that you hire an attorney as soon as possible to defend you in these types of cases. Please do not hesitate to call Pullan & Young with any question that you have: 936-647-1540. We are conveniently located next to the main Montgomery County Court House in downtown Conroe on the cross streets of Simonton and San Jacinto.