Aggressive Defense for Hays County Charges
Aggressive Defense for Hays County ChargesAn accusation of Assault or Family Violence in Kyle, Texas, is one of the most serious and emotionally challenging criminal charges you can face. Law enforcement and Hays County prosecutors treat these cases with extreme severity, and an arrest often results in an immediate removal from your home, a Protective Order, and the potential loss of your right to own a firearm. The legal system moves fast, and the consequences of a conviction—including jail time, significant fines, and long-term reputational damage—are severe.
If you or a loved one has been charged with Family Violence in Kyle, Buda, or San Marcos, securing an aggressive and compassionate Kyle criminal defense attorney immediately is non-negotiable. At Gordon Law PLLC, we provide a dedicated defense, meticulously examining the evidence and fighting for your rights in the Hays County court system. We offer free consultations and flexible payment plans to ensure you have access to the powerful legal representation you need.
Defining Assault and Family Violence Under Texas Law
In Texas, an assault occurs when a person:
- Intentionally, knowingly, or recklessly causes bodily injury to another.
- Intentionally or knowingly threatens another with imminent bodily injury.
- Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe the other will regard the contact as offensive or provocative.
The charge is elevated to Assault Bodily Injury – Family Violence (often called Domestic Violence) if the alleged victim is a family member, household member, or dating partner. Under Texas law, “Family” is defined broadly and includes:
- People related by blood or marriage.
- Current or former spouses.
- Biological parents of the same child (regardless of marriage).
- Anyone living in the same household (e.g., roommates).
Penalties for Assault and Family Violence Convictions in Hays County
The penalties for a conviction are among the most severe in Texas criminal law, and they increase with prior offenses or aggravating factors.
| Offense Classification | Max. Jail/Prison Time | Max. Fine | Key Consequences |
| Assault (Simple, Class A) | Up to 1 year in county jail | Up to $4,000 | Permanent criminal record. |
| Assault Family Violence (1st Offense) | Up to 1 year in county jail | Up to $4,000 | Loss of firearm rights (Federal). |
| Assault Family Violence (with prior) | 2–10 years in prison (3rd-Degree Felony) | Up to $10,000 | Felony record, loss of voting rights, severe stigma. |
| Aggravated Assault | 2–20 years in prison (2nd-Degree Felony) | Up to $10,000 | Long-term incarceration. |
“Continuous Violence Against the Family”
A particularly harsh Texas law, Continuous Violence Against the Family, can be charged as a Third-Degree Felony if a person commits two or more assaults against a family member within a 12-month period. This is an extremely serious offense.
Critical Collateral Consequences of a Family Violence Conviction
A conviction for Assault Family Violence can have devastating consequences beyond the court-imposed sentence:
- Firearm Rights: A conviction for misdemeanor Family Violence results in a lifetime ban on possessing firearms under federal law.
- Child Custody: Family Violence allegations and convictions severely impact child custody and visitation rights in Texas Family Courts.
- Immigration Status: A conviction can have dire consequences for non-citizens, including deportation or denial of citizenship.
- Protective Orders: A judge can issue a Protective Order that forces you to stay away from the alleged victim and your home, often lasting for up to two years.
Common Defense Strategies for Assault Charges
A successful defense requires challenging the facts of the case, the actions of law enforcement, and the credibility of the accuser. As your Kyle criminal defense lawyer, Gordon Law PLLC will explore critical defenses, including:
- Self-Defense/Defense of Others: The most common defense is that the actions taken were necessary and reasonable to protect yourself or another person from immediate harm.
- False Accusations: Unfortunately, allegations are sometimes fabricated or exaggerated in the context of contentious divorces, child custody disputes, or out of anger. We meticulously investigate the accuser’s motivation and credibility.
- Accident: The contact or injury was an unavoidable accident and not intentional, knowing, or reckless.
- Lack of Bodily Injury: Challenging whether the contact meets the legal threshold for “bodily injury” as defined by the Texas Penal Code.
- Constitutional Violations: Investigating whether the police made an arrest without probable cause or violated your rights during the investigation.
Your Defense Starts Now: Contact Gordon Law PLLC
The moment the police are involved, you need a legal advocate. Do not speak to the police without a lawyer present, and do not attempt to contact the alleged victim if a “No Contact” order is in place.
At Gordon Law PLLC, we are experienced in handling the sensitive and complex nature of Family Violence cases in the Hays County justice system. We are here to fight aggressively to protect your rights, your reputation, and your future. Take advantage of our free consultation and inquire about our flexible payment plans today.
Contact Gordon Law PLLC Today for Your Free Consultation
If you are facing Assault or Family Violence charges in Kyle or the surrounding Hays County area, call us immediately.
Gordon Law PLLC
600 W. 28th Street, Suite #106A
Austin, Texas 78705
512-678-9333 (WEED)
Legal Disclaimer: The information provided in this article is for informational purposes only and is not legal advice. It is not intended to create, and receipt of it does not constitute, an attorney–client relationship. You should consult with an attorney for advice regarding your individual situation.
