Domestic violence occurs every single day and with it comes the consequences of justice that include arrest, jail time and other types of rehabilitation. Texas law recognizes three different types of domestic violence that are important for you to become familiar with. The three types of domestic violence in Texas are domestic assault, aggravated domestic assault and continuous violence against the family. An act of violence constitutes domestic violence if the parties involved are a current or former spouse, a child of a current or former spouse or a person with whom the offender has a child with. This list also includes foster parent, foster child, a family member by blood, or someone who lives with the offender.
Domestic Assault Charges; Misdemeanor or Felony
If a person is found guilty of domestic assault, it means that they have intentionally, knowingly or recklessly caused bodily harm or injury to another person. An individual can also be found guilty of domestic assault if they threaten another person with imminent bodily injury. Domestic assault is a Class A misdemeanor if the individual has no prior domestic assault convictions. If there are previous convictions then the crime is a third degree felony.
Aggravated Domestic Assault
Aggravated domestic assault is when an individual has assaulted a spouse, family member or romantic partner. Aggravated Domestic Assault is when an individual intentionally causes serious bodily injury to another person. It is also when an individual uses a deadly weapon in the act of an assault. When an individual commits aggravated domestic assault with a deadly weapon and causes serious bodily injury, the crime is a first degree felony. Anytime a weapon is involved, the crime is considered more serious, and so the consequences become greater.
What Constitutes Serious Bodily Injury?
Serious bodily injury is usually cited when there is a broken bone, disfigurement, loss of limb, a serious head injury, or an injury that requires a visit to the hospital or a type of surgery. A deadly weapon can range in variety as many objects can be used to cause harm to another individual. Brass knuckles, firearms, large knives and bats are considered deadly weapons. A rope can be considered a deadly weapon if it is used to strangle someone. A car can also be a deadly weapon if it is used to run over or hit another individual.
Continuous Domestic Violence Against Family Members
Continuous violence against family is when an individual commits two domestic assaults within twelve months. An individual can be convicted of continuous violence against family without the prior two assaults resulting in an arrest. This crime is a third degree felony.