Assault family violence cases are often more complicated than standard assault cases because they involve both criminal penalties and personal consequences.

A family violence allegation may involve a spouse, former spouse, dating partner, former dating partner, household member, roommate, parent, child, or another family relationship recognized under Texas law. These cases may arise from allegations of:

• Bodily injury
• Threats of imminent harm
• Offensive or provocative contact
• Pushing, grabbing, slapping, or restraining
• Choking or impeding breath
• Repeated incidents over time

One thing many people don’t realize is that the alleged victim does not control whether the case goes forward. Even if the other person wants to “drop the charges,” the prosecutor may still pursue the case.

That’s why early defense work is imperative.

Not every assault charge involves serious physical harm.

A simple assault case may involve allegations that someone caused bodily injury, threatened another person with imminent injury, or made offensive or provocative contact.

A Class C assault is usually the lowest-level assault charge. It may involve an alleged threat or offensive contact without bodily injury. Because there is often no jail time attached to a Class C misdemeanor, people sometimes assume it is not worth fighting.

That can be a mistake.

Even a lower-level assault conviction can create a criminal record, appear on background checks, affect employment, damage your reputation, and create problems if you are accused of another offense later.

A charge doesn’t have to be a felony to deserve a serious defense.

Assault charges can become more serious based on the facts of the case, the relationship between the people involved, prior history, the alleged victim’s status, or the presence of aggravating factors.

For example, a misdemeanor assault may be enhanced if there is a prior family violence conviction. An assault may also become more serious if it involves a public servant, elderly person, disabled person, choking allegation, deadly weapon, or serious bodily injury.

Enhancements matter because they can increase the range of punishment, affect plea options, and change how prosecutors approach the case.

Part of our work is identifying whether the charge has been properly enhanced and whether the evidence supports that enhancement.

Aggravated assault is a serious felony offense. It generally involves allegations that someone caused serious bodily injury or used or exhibited a deadly weapon during the assault.

Serious bodily injury can include injuries that create a substantial risk of death, cause permanent disfigurement, or result in long-term impairment of a body part or organ.

Aggravated assault cases may involve firearms, knives, vehicles, household objects, or other items prosecutors claim were used as deadly weapons.

A felony assault conviction can carry prison time, fines, firearm restrictions, employment consequences, immigration concerns for non-citizens, and long-term damage to a person’s future.

Aggravated assault with a deadly weapon is one of the most serious assault-related charges in Texas.

A deadly weapon is not limited to a gun or knife. Depending on how an object is allegedly used, prosecutors may argue that a vehicle, tool, blunt object, or other item qualifies as a deadly weapon. These cases often turn on details such as:

• Whether a weapon was actually used or merely present
• Whether the alleged victim was in fear
• Whether the object legally qualifies as a deadly weapon
• Whether the accused acted in self-defense
• Whether the injury evidence supports the charge
• Whether witnesses are reliable

The label is serious, but the government still has to prove the allegation.

Assault by impeding breath or circulation is commonly referred to as a choking or strangulation allegation.

In Texas, this type of charge usually involves an accusation that a person intentionally, knowingly, or recklessly impeded another person’s breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth.

These cases often arise in family violence situations and can be charged as felonies, even when there are no visible injuries.

That makes the investigation especially important. Medical records, photographs, body camera footage, 911 recordings, witness statements, and the timing of the allegation may all matter.

Continuous violence against the family involves allegations of multiple family violence incidents within a certain period of time.

One of the most important things to understand is that prosecutors may pursue this charge even when the prior alleged incidents did not result in convictions. This can make the case feel overwhelming because the prosecution may try to present a broader pattern rather than one isolated event.

A strong defense must examine each alleged incident separately and challenge whether the state can prove the required elements.

Injury to an elderly person charges are serious because Texas law provides additional protections to people aged 65 and older. These cases may involve allegations of intentional harm, reckless conduct, criminal negligence, neglect, or failure to act when there was a legal duty to provide care.

Not every injury is a crime. Elderly individuals may suffer injuries from falls, medical conditions, mobility issues, medication complications, or accidents. In some cases, a caregiver or family member may be wrongly blamed after a difficult or confusing event.

Madson Law examines the facts carefully, including medical evidence, caregiving responsibilities, timelines, witness statements, and the prosecution’s ability to prove criminal conduct.

Stalking allegations can arise from repeated contact, messages, online communication, following, surveillance, or conduct that the alleged victim claims caused fear or distress. These cases often involve former partners, family disputes, custody conflict, workplace issues, or digital communication taken out of context.

Because stalking charges may depend heavily on how the alleged victim interpreted the conduct, the full context matters.

A defense may involve challenging intent, credibility, the pattern of conduct, the meaning of messages, or whether the alleged behavior meets the legal definition of stalking.

Despite the name, a terroristic threat charge often does not involve terrorism. These charges commonly arise from arguments, angry statements, jokes, texts, social media posts, workplace disputes, school incidents, or family conflict.

The issue isn’t simply whether words were spoken. Prosecutors must prove the required intent behind the alleged threat.

A defense may focus on whether the statement was taken out of context, whether there was a true threat, whether the accused intended to place someone in fear, or whether the evidence supports the charge at all.

Interference with an emergency call often arises during chaotic domestic situations. The charge may involve allegations that someone prevented another person from calling 911, took a phone, destroyed a device, blocked access to help, or interfered with a request for emergency assistance.

These cases can be serious even when no physical injury occurred.

The defense may examine whether there was an actual emergency, whether the accused acted knowingly or recklessly, whether the facts were misunderstood, and whether the evidence supports the accusation.

Protective orders can create strict limits on contact, communication, locations, firearms, and other conduct.

A violation may be alleged even if the protected person initiated contact or sought to continue communication. If a protective order is still in effect, a private agreement between the parties usually does not override it. Violations may involve:

• Texting or calling
• Social media contact
• Third-party messages
• Going to a prohibited location
• Contact during child exchanges
• Alleged threats or harassment
• Firearm possession
• GPS monitoring issues

These cases often involve confusion, unclear boundaries, emotional decisions, or conflicting accounts. We help clients understand the order, avoid additional problems, and defend against the charge.