Texas Assault Lawyers

The Family Violence Affirmative Finding: The Consequence That Outlasts the Case

When an assault charge involves a family member, household member, or dating partner, the prosecution typically seeks a family violence affirmative finding under Texas Code of Criminal Procedure Article 42.013. This finding can be entered with a conviction, a deferred adjudication, or even a plea to a lesser offense that does not facially involve family violence.

The consequences of this finding are permanent and extend well beyond the criminal case:

• Federal firearms prohibition. 18 U.S.C. §922(g)(9) permanently prohibits firearm possession for anyone convicted of a misdemeanor crime of domestic violence. A family violence affirmative finding with a misdemeanor assault conviction triggers this prohibition for life. This is a federal prohibition that cannot be expunged by Texas law.
• Felony enhancement. A second family violence assault conviction, or an assault committed after a prior family violence finding, is charged as a third-degree felony rather than a Class A misdemeanor.
• Expunction bar. A conviction with a family violence affirmative finding is not eligible for expunction or non-disclosure.
• Child custody implications. Texas Family Code §153.004 creates a rebuttable presumption against awarding custody to a parent with a history of family violence. A family violence affirmative finding from a criminal case is admissible in family court proceedings.

These collateral consequences mean that the strategic question in a family violence assault case is not only whether the criminal charge can be defeated. It is whether any plea resolution that includes a family violence finding is acceptable given the permanent downstream consequences. That analysis has to happen at the outset of the case, not after a plea is on the table.

The Forensic Science of Assault Defense

Assault cases turn on evidence and evidence can be challenged.

Injury analysis. Whether an injury constitutes “bodily injury” or “serious bodily injury” is a medical question. Whether a neck injury is consistent with strangulation or has an alternative explanation is a forensic pathology question. The defense is entitled to obtain and independently review medical records, SANE exam results, and injury photographs. An injury that has been characterized one way by the prosecution’s narrative may look different under independent examination.

Digital evidence. Text messages, social media communications, call logs, and location data are increasingly central to assault prosecutions and to assault defenses. Prior threatening communications from the complainant, messages that contradict the timeline, and geolocation data that places parties in different locations are all categories of digital evidence that the defense can present. Doug Huff’s advanced digital forensics training means this evidence is better evaluated at the data level (metadata, authentication, and completeness) not just accepted at face value.

Body camera and surveillance footage. Officer body camera footage and business surveillance recordings can confirm or contradict the narrative in the police report. Footage that shows a complainant’s demeanor, the scene conditions, or the sequence of events has overturned prosecutions. This evidence has a short preservation window and must be requested immediately.

911 recordings. The 911 recording captures statements made in the immediate aftermath of an alleged assault which is often the most significant hearsay evidence in the case. These recordings can be the strongest evidence for the prosecution or the strongest impeachment tool for the defense, depending on what they show.

Article 38.23: The Constitutional Foundation

Every assault defense begins with the circumstances of the investigation. Texas Code of Criminal Procedure Article 38.23, which is the exclusionary rule with no good faith exception, suppresses evidence obtained through an unlawful stop, an overbroad search, or a constitutionally defective process. A warrant that was issued without probable cause, a search that exceeded its scope, or a seizure of digital evidence without proper authority: any of these can suppress the evidence on which the prosecution’s case is built.

Assault Charges We Handle

• Assault by threat and assault by contact — Class C misdemeanor
• Assault causing bodily injury — Class A misdemeanor
• Family violence assault — with and without affirmative finding analysis
• Assault by strangulation or suffocation — third-degree felony
• Assault on a public servant — third-degree felony
• Aggravated assault (serious bodily injury or deadly weapon) — second-degree felony
• Aggravated assault — first-degree felony (domestic context, public servant, habitual)
• Terroristic threat — Class A misdemeanor or third-degree felony
• Deadly conduct — Class A misdemeanor or third-degree felony
• Protective order violation — Class A misdemeanor or third-degree felony

Why Deandra Grant Law

• ACS-CHAL Forensic Lawyer-Scientist — both Deandra Grant and Douglas Huff. 
• Digital forensics training. Cell phone data, social media, CDR records, and metadata examined at the data level.
• 30+ years of criminal defense experience. 500+ trials to verdict across North and Central Texas.
• 17 published law books.  Including Assault Charges in Texas
• Texas Super Lawyer since 2011. AV® Preeminent rated by Martindale-Hubbell®.
• Offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. North and Central Texas courts served directly.
• Federal defense capability. James Lee Bright handles federal charges in all four Texas federal districts.

If you are facing assault charges in Texas, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.