Domestic Assault Charges in Texas: What They Mean for Immigrants and Families

In recent headlines, a 49-year-old man, Hesmeregildo Rodriguez, was arrested in Webb County and charged with aggravated assault involving a family or household member, a first-degree felony under Texas law. Reports indicate that the incident occurred near Alexander High School in Laredo, with bond set at $20,000 (source).

While every criminal case has its own facts, this story highlights an important truth: in Texas, domestic assault charges carry severe consequences—and for noncitizens, the stakes can be even higher, potentially leading to immigration complications, loss of legal status, or even deportation.

As an immigration lawyer based in Houston, I see cases like these every day. Families caught between criminal law and immigration law often do not realize how one arrest—even without a conviction—can affect their entire future.

Police arrive at a house after domestic disturbance call.

Understanding Domestic Assault Under Texas Law

In Texas, domestic or family violence is taken extremely seriously. Under Texas Penal Code § 22.02, an aggravated assault charge can arise when serious bodily injury occurs or when a weapon is used.

• A first-degree felony in Texas can carry a sentence of 5 to 99 years in prison and fines up to $10,000.

• When the victim is a family or household member, courts often impose harsher penalties, protective orders, and conditions of release.

Even without a final conviction, an arrest and charge alone can appear on someone’s record, complicating employment, housing, and immigration applications.

The Immigration Impact of Assault Charges

For immigrants—whether undocumented, a visa holder, or even a permanent resident—the consequences of an assault charge can be devastating. U.S. immigration law treats certain crimes, especially those involving domestic violence, aggravated assault, or crimes of moral turpitude, as grounds for:

1. Deportability – Noncitizens may be placed in removal proceedings.

2. Inadmissibility – Future immigration applications, green cards, or visas can be denied.

3. Loss of Relief Options – Programs like cancellation of removal, asylum, or adjustment of status may no longer be available.

Even a plea deal to a lesser offense can still be classified as a deportable crime under immigration law. That’s why early legal guidance is essential.

How This Case Reflects Broader Community Concerns

The Webb County case isn’t just about one man—it reflects the broader reality in Texas:

• Immigrant families are disproportionately affected by criminal justice outcomes. Language barriers, lack of access to legal counsel, and cultural differences make it harder to navigate the system.

• Protective orders and family separation often leave children and spouses in vulnerable situations, with ripple effects on school attendance, housing stability, and immigration petitions.

• Public perception of immigrants is often shaped by high-profile criminal cases, even though research consistently shows that immigrants are less likely to commit crimes than native-born citizens.

For our communities, this means one criminal case can carry stigma and fuel stereotypes that make life harder for all immigrants.

The Importance of Legal Representation

When someone is facing a serious felony charge like aggravated assault, having the right legal team makes a life-changing difference. For immigrants, it is not enough to hire a criminal defense attorney alone—you need someone who understands both criminal and immigration law.

At Restrepo Law, we often work alongside criminal defense attorneys to ensure that:

• Plea agreements are structured to avoid triggering immigration consequences when possible.

• Clients understand the risks of accepting a conviction versus fighting the charges.

• Immigration strategies are developed simultaneously, whether it’s seeking relief, cancellation of removal, or defending against deportation.

Steps Immigrants Should Take if Charged with Assault

If you or a loved one is facing an assault charge in Texas, here are immediate steps to consider:

1. Seek Legal Counsel Immediately – Do not speak to law enforcement or sign documents without an attorney present.

2. Avoid Guilty Pleas Without Immigration Advice – A plea may seem like the fastest resolution, but it could trigger removal proceedings.

3. Gather Documentation – Immigration status, family ties, employment history, and community support can all be vital in building both a criminal and immigration defense.

4. Stay Engaged with Court Dates – Missing a hearing can result in additional charges and complicate immigration relief.

5. Protect Your Family – If protective orders or family separation are part of the case, coordinate legal steps to safeguard children and dependents.

Final Thoughts

The recent Webb County assault case underscores how quickly a single incident can escalate into a life-altering legal battle, especially for immigrants.

For noncitizens, the intersection of criminal law and immigration law means that one arrest can put years of progress, family stability, and legal status at risk. These cases demand immediate action, informed legal strategy, and advocacy that considers both sides of the law.

As an immigration attorney in Houston, I encourage anyone facing charges—whether for assault, DWI, or another criminal allegation—to seek qualified legal guidance. Protecting your rights in the criminal system is only half the battle; safeguarding your future in the United States requires understanding the immigration consequences as well.

If you or a loved one is facing criminal charges and has questions about how it may affect your immigration status, contact Restrepo Law today. Our firm is here to protect your rights, your family, and your future.