Assault Family Violence Defense Attorney
Board-certified. Former judge. An AFV charge carries lifelong consequences — your defense should start today.
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Last Updated: June 2026 · Board Certified in Criminal Law · Former Judge · Former Prosecutor
An assault family violence (AFV) charge in Texas is far more serious than the misdemeanor label suggests. Beyond jail and fines, a conviction or even certain pleas can trigger a permanent affirmative finding of family violence, a lifetime federal firearm ban under 18 U.S.C. § 922(g)(9), and lasting damage to custody, housing, and employment. These cases also move fast — bond conditions and no-contact orders are often imposed within hours. Wyde & Associates defends AFV cases across Dallas County and North Texas with the perspective of a former judge and prosecutor.
In short: Assault family violence is an assault under Texas Penal Code § 22.01 committed against a family member, household member, or someone in a dating relationship, as defined by Texas Family Code § 71.004. A first offense causing bodily injury is typically a Class A misdemeanor, but it carries a unique "affirmative finding of family violence" that follows the case for life.
The relationship — not just the act — is what makes the charge "family violence." That category covers spouses, ex-spouses, dating and former-dating partners, parents, children, roommates, and other household members. Even an offensive touch with no injury can support a charge under the right facts.
In short: A first AFV with bodily injury is a Class A misdemeanor (up to 1 year in jail, $4,000 fine). A prior family-violence conviction or a strangulation allegation elevates it to a third-degree felony (2–10 years). Continuous violence against the family is also a third-degree felony.
| Offense | Classification | Jail / Prison | Max Fine |
|---|---|---|---|
| Assault by contact (offensive touch) | Class C misdemeanor | Fine only | $500 |
| AFV — bodily injury (first) | Class A misdemeanor | Up to 1 year | $4,000 |
| AFV w/ prior FV conviction | Third-degree felony | 2 – 10 years | $10,000 |
| AFV by strangulation (first) | Third-degree felony | 2 – 10 years | $10,000 |
| Strangulation w/ prior FV | Second-degree felony | 2 – 20 years | $10,000 |
| Continuous violence against family | Third-degree felony | 2 – 10 years | $10,000 |
| Aggravated assault (serious bodily injury / deadly weapon) | First/second-degree felony | 2 – 99 years | $10,000 |
Penalties reflect general Texas law and can vary by case. This is informational only, not legal advice.
In short: Under Penal Code § 22.01(b)(2)(B), an assault family violence committed by impeding breathing or blood circulation — applying pressure to the throat or blocking the nose or mouth — is automatically a third-degree felony, even on a first offense. With a prior family-violence conviction, it becomes a second-degree felony.
Prosecutors increasingly add strangulation allegations because they sharply raise the exposure. These allegations turn on medical evidence, photographs, and the complaining witness's statements — all of which a skilled defense attorney can scrutinize and challenge.
In short: A family-violence conviction or affirmative finding triggers a lifetime federal ban on possessing firearms under 18 U.S.C. § 922(g)(9), can affect immigration status and child custody, and creates a permanent record that generally cannot be expunged. These collateral consequences often outweigh the jail or fine.
The federal firearm prohibition is permanent and applies even to a misdemeanor with an affirmative finding. For non-citizens, an AFV disposition can be a deportable or inadmissible offense. In family court, the finding can be used against a parent in custody and visitation disputes. Understanding these stakes before any plea is essential.
Don't accept a plea before you understand the lifelong consequences. Talk to us first.
Request a Free Case Review Call (214) 521-9100In short: Stay silent, do not contact the alleged victim, follow every bond and no-contact condition exactly, document what happened, and call a board-certified attorney immediately.
In short: Effective AFV defenses include self-defense or defense of others, lack of injury, false or exaggerated allegations (often arising in divorce or custody disputes), recantation by the complaining witness, and constitutional challenges to the arrest and evidence.
Family-violence allegations frequently arise amid emotional, high-conflict situations — divorces, custody battles, breakups. Body-cam footage, 911 recordings, inconsistent statements, and the absence of documented injury can all undercut the State's narrative. Importantly, the alleged victim cannot "drop" the charge; only the prosecutor decides whether to proceed.
In short: A family-violence conviction generally cannot be expunged, and an affirmative finding has special, lasting restrictions. But a dismissal or acquittal may be eligible for expunction, and some outcomes without a family-violence finding may qualify for nondisclosure. The disposition determines everything.
Because family-violence dispositions carry unique record restrictions, the goal is to avoid the conviction and the affirmative finding in the first place. If your case is dismissed or you are acquitted, our team can pursue expunction or nondisclosure and correct background-check databases under the FCRA.
Even when a standard expunction isn't available, a limited expunction may still clear parts of the record.
Dan Wyde explains how AFV cases are charged in Texas and what defenses actually work.
In short: AFV cases hide career- and family-ending consequences behind a misdemeanor label. A board-certified former judge and prosecutor knows where those traps are — and how to keep an affirmative finding off your record.
| Wyde & Associates | Generalist Attorney | Court-Appointed | Plea Without Counsel | |
|---|---|---|---|---|
| Board Certified, Criminal Law | Yes | Rarely | Rarely | No |
| Former Judge & Prosecutor | Yes | No | No | No |
| Defends protective-order hearing | Yes | Varies | Often no | No |
| Flat-fee written quote | Yes | Varies | N/A | N/A |
| Direct attorney access | Yes | Varies | Limited | None |
Arrested for family violence in North Texas? Call a board-certified former judge now.
Request a Free Case Review Call (214) 521-9100No. Once police make an arrest in Texas, only the prosecutor — not the alleged victim — decides whether to pursue charges. Even if the alleged victim recants or refuses to cooperate, the prosecution can proceed on police reports, body-cam footage, 911 audio, medical records, and witness statements. A skilled defense attorney can still negotiate dismissals, reductions, or diversion outcomes.
A Class A misdemeanor carries up to 1 year in jail and a $4,000 fine. A third-degree felony (strangulation or a prior conviction) carries 2–10 years in prison and a $10,000 fine. Beyond that, an affirmative finding of family violence brings a permanent record that cannot be expunged, a federal firearm ban under 18 U.S.C. 922(g)(9), immigration consequences, and lasting effects on custody, housing, and employment.
Under Penal Code 22.01(b)(2)(B), an assault family violence committed by impeding a person's breathing or blood circulation — applying pressure to the throat or blocking the nose or mouth — is automatically a third-degree felony, even on a first offense, and a second-degree felony with a prior family-violence conviction.
A no-contact order is almost always a condition of your bond. Any contact — calls, texts, social media, or in-person, even friendly — can result in new charges and revoked bond. If the alleged victim wants the order modified, that request must go through the court, not through you.
No. Exercising your right to counsel is expected and protected. A board-certified criminal defense attorney signals to the court and prosecutor that the case will be scrutinized carefully, which often improves outcomes rather than harming them.
Tell us briefly what is happening. A lawyer will respond — not a paralegal, not a chatbot.
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