Assault- Family Violence


Assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse. Normally this offense is a Class A Misdemeanor. However, when the assault is against a member of someone’s family there a specific laws that treat those types of cases differently. A family member can include someone’s spouse, parent/child, someone in a dating relationship, or member of someone’s household. These types of cases include harsher collateral consequences and, in some instances, can be enhanced to a 3rd Degree Felony.

Those instances include when the offense is committed against:


  • A person who is a family member if the defendant has been previously convicted of an offense involving family violence


  • A person who is a family member if the assault it committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood by means of strangling or by blocking the person’s nose or mouth


  • A person who is a family member and the defendant has been charged of assaulting a family member two times within one year