Charged with Family Assault Over Thanksgiving? Here’s What You Need to Know in Texas

Thanksgiving is meant to bring families together, but the holiday doesn’t always go as planned. Long travel days, emotional conversations, and the pressure to “keep the peace” can sometimes boil over, turning a family gathering into a situation that leads to police involvement. For some Texans, what began as a simple disagreement ends with law enforcement arriving at the home and someone being taken into custody for family assault.

Why Family Assault Charges Spike During the Holidays

Law enforcement officers across Texas often report an increase in domestic violence and family assault arrests during Thanksgiving and other holidays. Families gather, emotions run high, and even a verbal disagreement can escalate when alcohol or stress is involved.

Police take every domestic call seriously, especially on holidays. Once they arrive, someone is often arrested, even if the situation calms down before officers get there. Unfortunately, that means innocent misunderstandings can quickly become criminal charges.

What Texas Considers “Family Assault”

Under Texas law, family assault (also known as domestic assault) applies to more than just spouses. It includes harm or threats of harm toward:

• A spouse or romantic partner
• A family member by blood or marriage
• A roommate or anyone living in your household
• A co-parent or former dating partner

Even minor physical contact, like a push or a slap, can lead to an arrest if the alleged victim says they felt pain or fear of injury.

Misdemeanor vs. Felony Family Assault in Texas

The severity of a family assault charge depends on your criminal history and the details of the incident.

Misdemeanor Family Assault

If it’s your first offense and no serious injury occurred, you could face a Class A misdemeanor, which carries:

• Up to 1 year in jail
• Fines up to $4,000

Felony Family Assault

The charge can become a felony under Texas law when any of the following apply:

• You have prior convictions for family violence (which may elevate the offense to a felony even if no serious injury occurred).
• The alleged victim suffered serious bodily injury.
• The incident involved choking, strangulation or impeding breathing (an act that Texas courts treat very seriously).

Additionally, under Texas Penal Code § 25.11 (“Continuous Violence Against the Family”), a felony charge may apply if you commit two or more acts of assault against a family or household member within a 12-month period; this offense is classified as a third-degree felony, which can result in up to 10 years in prison and long-term damage to your record, your reputation, and even your gun ownership rights.

The Problem with Thanksgiving Arrests

When family assault arrests happen during Thanksgiving, the timing adds another layer of difficulty. Courts and offices often close for the holiday, meaning you could spend the entire weekend in jail before seeing a judge.

Additionally, victims may regret what happened and want to drop the charges. However, in Texas, only the prosecutor can dismiss a domestic assault case, not the alleged victim. Even if everyone wants to move on, the state may still pursue charges.

How a Houston Family Assault Defense Attorney Can Help

The good news is that an arrest doesn’t automatically mean you’ll be convicted. With the right legal defense, your attorney can work to get charges reduced or dismissed altogether.

A Houston criminal defense lawyer can:

• Challenge the evidence: Many domestic assault cases rely on statements made in the heat of the moment. Your attorney can uncover inconsistencies or exaggerated claims.
• Expose procedural errors: Police sometimes make quick judgments without proper investigation.
• Protect your record: Even a misdemeanor family assault conviction can follow you for life.
• Negotiate alternative outcomes: Your lawyer may be able to secure a dismissal through anger management or counseling programs.

At Chernoff Law, attorney Ed Chernoff understands that not every family dispute is a crime. As a former prosecutor and board-certified criminal defense lawyer, he has seen firsthand how quickly a misunderstanding can turn into an arrest and knows how to fight back effectively.

Common Defenses to Family Assault Charges

Every case is unique, but common defenses in Thanksgiving-related family assault cases include:

• Self-defense: You were protecting yourself or another person from harm.
• False accusation: Someone exaggerated or fabricated what happened out of anger or revenge.
• Lack of intent: The incident was accidental or misinterpreted.
• Insufficient evidence: There are no visible injuries, witness testimony is inconsistent, or the statements were made under stress or intoxication.

Your attorney will review police reports, witness statements, and any available video or phone evidence to build a strong defense tailored to your situation.

Steps to Take Immediately After a Family Assault Arrest

If you’ve been charged with family assault in Houston, especially over the Thanksgiving holiday, take these steps right away:

• Stay silent. Anything you say to police or others can be used against you later.
• Contact an attorney immediately. The sooner your lawyer gets involved, the sooner they can protect your rights.
• Avoid contact with the alleged victim. Violation of a protective order can result in additional criminal charges.
• Preserve evidence. Keep text messages, voicemails, or social media exchanges that may prove your innocence.
• Appear at all court dates. Failing to appear can result in a warrant and make your case more complicated.

Why the Right Defense Lawyer Matters

Family assault charges can carry life-changing consequences, including loss of employment, housing, and even custody rights. The attorney you choose should have experience handling both the legal and emotional aspects of these cases.

At Chernoff Law, the approach is straightforward and strategic. The firm investigates every detail, challenges every piece of evidence, and works relentlessly to protect clients’ reputations. Whether it’s proving your innocence or negotiating a dismissal, Ed Chernoff’s 30+ years of law experience give you the edge you need in court.

Arrested for Family Assault Over Thanksgiving? Call Chernoff Law Today.

A Thanksgiving argument shouldn’t destroy your future. If you’ve been accused of family assault in Houston, Richmond, Katy, or anywhere in Texas, you need a defense attorney who understands both the legal system and the human side of these cases.

At Chernoff Law, we know that every story has two sides. We’ll listen, investigate, and fight to ensure yours is heard. Call 713-222-9141 or contact us online today for a free and confidential consultation. We’re here to protect your rights, your freedom, and your future.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.