Charged With Assault or Family Violence in Texas?
One Accusation Can Cost You Everything. Get the Defense You Deserve.
Assault and family violence charges in Texas can result in jail time, permanent criminal records, loss of firearm rights, and devastating family consequences — including loss of custody. Carlo D'Angelo has defended hundreds of assault cases, from misdemeanor Class A charges to first-degree aggravated assault felonies, and he understands that an accusation is not a conviction.
Assault and Family Violence Charges in Texas
Under Texas Penal Code § 22.01, assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another; intentionally or knowingly threatens another with imminent bodily injury; or intentionally or knowingly causes physical contact another would find offensive. The range of conduct covered is broad — and accusations are easy to make.
Family violence charges carry additional consequences under Texas law. A family violence finding — even on a deferred adjudication — can never be sealed or expunged. It permanently affects firearm rights under both state and federal law (18 U.S.C. § 922(g)(9)). It can be used to enhance future charges to felony level. And it can be weaponized in family court to affect custody and visitation.
Carlo D'Angelo approaches assault and family violence cases with a critical eye toward the evidence, the credibility of complainants, and the circumstances that led to the allegation. He does not assume guilt from an accusation.
Penalties for Assault Convictions in Texas
Simple Assault — Class A Misdemeanor (most common)
• Up to 1 year in county jail
• Fine up to $4,000
• Probation with conditions including anger management, batterer's intervention, and no-contact orders
Assault with Family Violence Finding (Class A)
• Same criminal penalties, but permanent — cannot be expunged or sealed
• Federal firearm prohibition under 18 U.S.C. § 922(g)(9)
• Automatic enhancement to felony on any future assault charge involving family members
Aggravated Assault — First or Second Degree Felony
• Serious bodily injury or use/exhibition of deadly weapon
• Second-degree felony: 2 to 20 years
• First-degree felony (against family member, public servant, or from ambush): 5 to 99 years
Continuous Family Violence — Third-Degree Felony
• Two or more incidents within 12 months against family/household member
• 2 to 10 years in state prison
Beyond the criminal penalties, assault and family violence charges affect employment background checks, professional licensing, security clearances, military service, and immigration status.
How Carlo Defends Assault Cases
Challenging the Complainant's Credibility
Many assault cases come down to one person's word against another's. Carlo investigates the complainant's history, motivations, prior inconsistent statements, and relationship with the accused. In family and domestic situations, allegations are sometimes made strategically — in the context of divorce, custody disputes, or financial conflicts. These motivations matter.
Self-Defense and Defense of Others
Texas law recognizes the right to use force, including deadly force in certain circumstances, to protect oneself or others. Carlo evaluates every assault case for applicable self-defense claims under Texas Penal Code Chapter 9 and builds the factual record to support those defenses.
Contesting the Evidence of Injury
Prosecution of assault often rests on photographs, medical records, and expert testimony about the nature and causation of injuries. Carlo challenges whether injuries are consistent with the alleged offense, retains medical experts when necessary, and scrutinizes emergency room records for inconsistencies.
Protective Orders — Fighting and Modifying Them
A protective order issued in connection with assault or family violence charges can restrict where you live, work, and travel. Carlo handles both the criminal case and any related civil protective order proceedings, working to prevent, modify, or vacate orders that are unjust or overbroad.
Negotiating Outcomes That Protect Your Record
Where the evidence cannot be defeated, Carlo negotiates aggressively for outcomes that avoid family violence findings, preserve the ability to possess firearms, and minimize long-term collateral consequences. The distinction between 'assault bodily injury' and 'assault family violence' on a judgment can define a person's rights for the rest of their life.
Frequently Asked Questions
Q: Can the victim drop assault charges in Texas?
No — in Texas, once an assault or family violence charge is filed, it is the state that prosecutes, not the victim. The complainant cannot simply 'drop the charges.' However, a complainant's refusal to cooperate with the prosecution — or a credible recantation — can significantly affect the state's ability to proceed and Carlo's ability to negotiate.
Q: Will a family violence conviction affect my custody case?
Yes, significantly. A family violence conviction or finding can be used in family court to restrict custody and visitation. Even a deferred adjudication with a family violence finding can affect your parental rights. Carlo coordinates defense strategy with awareness of the family court implications.
Q: What happens if there's a protective order against me?
Violating a protective order is itself a crime — a Class A misdemeanor for a first violation, and a third-degree felony for subsequent violations or violations involving assault. If you have a protective order against you, strict compliance is critical. Carlo can appear in the protective order proceeding to contest, modify, or vacate it.
Q: Can I own a gun if convicted of family violence?
No. A conviction — or even a deferred adjudication — for assault family violence triggers a federal firearm prohibition under 18 U.S.C. § 922(g)(9), regardless of whether it is a misdemeanor or felony. This is permanent and applies to purchase, possession, and receipt of firearms. Carlo fights to avoid this outcome at every stage of the case.
An Accusation Is Not a Conviction. Fight Back.
Carlo D'Angelo has spent nearly three decades defending Texans against assault and family violence charges. He knows the stakes — and he knows how to win.