BrettpodolskyBrettpodolsky

  • Home
  • Attorney Profile
    • Hire an Affordable Houston Attorney
  • Practice Areas
    • Abuse & Harassment
      • Child Abuse
      • Child Abandonment
      • Child Injury
      • Child Protective Services
      • Child Sexual Abuse
      • Elder Abuse
      • Harassment
      • Hate Crimes
      • Protective Order Violations
      • Stalking
    • Drug Charges
      • Cocaine
      • Drug Possession
      • Drug Possession Penalties
      • Drug Trafficking Penalties
      • Marijuana
      • Manufacture of Controlled Substances
      • Methamphetamine
      • Possession of Controlled Substances
    • DWI
      • ALR Hearings
      • First Offense DWI
      • Second or Third DWI
      • DWI Penalties
      • DWI Blood Test
      • Underage DWI
      • DWI with a Minor Passenger
      • Intoxicated Manslaughter
    • Federal Crimes
      • Bank Robbery
      • Federal Drug Charges
      • Federal Wire Fraud
    • Internet Crimes
      • Internet Sex Crimes
      • Online Impersonation
      • Online Solicitation of a Minor
    • Sex Crimes
      • Aggravated Sexual Assault
      • Child Molestation
      • Child Pornography
      • Child Sexual Abuse
      • Date Rape
      • Improper Photography or Visual Recording
      • Improper Relationship Between Educator and Student
      • Indecency with a Child
      • Indecent Exposure
      • Internet Sex Crimes
      • Public Lewdness
      • Prostitution
      • Sexual Assault
      • Sexual Assault of a Child
      • Sex Crime Investigation
      • Sex Crimes Penalties
      • Sex Offender Registration
      • Prostitution Solicitation
      • Statutory Rape
    • Theft & Property Crimes
      • Arson
      • Bank Robbery
      • Burglary
      • Criminal Trespassing
      • Embezzlement
      • Robbery
      • Shoplifting
    • White-Collar Lawyer
      • Check Fraud
      • Compounding Pharmacy Fraud
      • Credit Card Abuse
      • Forgery
      • Fraud
      • Health Care Fraud
      • Identity Theft
      • Insurance Fraud
      • Medical Fraud
      • Wire Fraud
      • Money Laundering
    • Violent Crimes
      • Assault
      • Aggravated Assault
      • Assault of a Family Member
      • Intoxication Assault
      • Manslaughter
      • Intoxicated Manslaughter
      • Murder
      • Attempted Murder
      • Capital Murder
      • Domestic Violence
      • Hit and Run
      • Kidnapping
      • Terroristic Threats
      • Criminally Negligent Homicide
    • Miscellaneous
      • Driving With a Suspended License
      • Environmental Crimes
      • Evading Arrest
      • Expunction
      • Failure to Appear
      • False Allegations
      • Guns & Weapons
      • Human Trafficking
      • Orders of Non-Disclosure
      • Applying for Parole
      • Personal Injury Attorney
      • Probation Violation
      • Criminal Mischief
      • Misdemeanor Crimes
      • Felony Lawyer
  • Free Ebook
  • Blog
  • Contact
713.227.0087
Schedule a Free Consultation

Assault of a Family Member

Houston Assault of a Family Member Attorney

In Texas, assault of a family member can occur between spouses, common-law partners, or parents and children. Normal discipline is not considered assault. Injury does not have to occur, as those who simply make unwanted physical contact in a threatening manner can be found guilty of this charge. Officers are allowed to arrest an individual based upon probable cause, which means it is more likely than not that the offense occurred. Some of the ways in which officers determine probable cause include:

  • Witness testimony
  • Statements made by the victim and/or offender
  • Presence of injury that substantiates domestic violence claim

Contact the Law Office of Brett A. Podolsky today, if you or someone you know is facing criminal charges for assault of a family member. Attorney Brett Podolsky has the experience needed to help protect your rights and defend you in court.

Possible Repercussions for a Conviction

A first arrest for assault of a family member or domestic violence will be treated as a Class A misdemeanor. The possible penalties for this crime include:

  • Up to one year in jail
  • A fine of up to $4,000
  • Community service
  • Anger management counseling

A second and subsequent arrest is considered a third-degree felony. Punishment in this case could be:

  • Prison term ranging from two to 10 years
  • Fine of up to $10,000

In addition to these penalties, offenders will also be banned from carrying firearms for a period of up to five years after completing a sentence. Judges may also issue protective orders that bar defendants from having contact with their victim. A domestic violence conviction could make it difficult to obtain a security clearance, thereby making it challenging to seek employment with a government agency or enlist in the military.

Possible Defenses

Instances of assault on a family member are often based solely on the victim’s testimony. In this instance, it might be possible to challenge the credibility of the story by showing an ulterior motive was involved. Individuals may sometimes use self-defense as an affirmative defense if it can be proven that the victim assaulted the perpetrator first. In some cases, it might be possible to use a “heat of passion” defense if there were extenuating circumstances involved. Other times, a domestic violence attorney may be able to get the charges dropped altogether due to lack of sufficient evidence.

A Helpful Domestic Violence Attorney

Houston assault of a family member attorney Brett A. Podolsky is an aggressive criminal defense lawyer who is board certified in criminal law. He has also worked as a prosecutor and uses the knowledge he gained while employed in this capacity to benefit his clients. He’ll work tirelessly to expose flaws in the prosecution’s case so that clients can obtain a successful outcome.

If you have been accused of assaulting a family member, give Brett A. Podolsky a call at 713-227-0087.

Brettpodolsky

Brett A. Podolsky
917 Franklin St. Ste 510,
Houston,TX77002

(713) 227-0087 / Answered 24/7 (713) 227-9900
info@brettpodolsky.com

Brett A. Podolsky 917 Franklin St. Ste 510, Houston,TX77002

Home Resources
Attorney Profile Blog
Free-ebook Contact Us

Copyright © 2023 Brett A. Podolsky

Legal Disclaimer and Privacy Policy