A skilled Texas assault family violence attorney is your best partner to help you understand the penalties you could be facing with the charges the state has brought against you. Understand, however, that time is often on your side. What Is Assault Family Violence in Texas? Our criminal law attorneys job is to present the other side of the story and any mitigating factors, to convince the prosecutor or a jury that the allegations are unfounded, blown out of proportion or fabricated for ulterior motives.
As a criminal lawyer in Texas, I understand what you're going through if you are facing family assault or domestic violence charges. 3) dating violence, as that term is defined by Section 71. The case is over if the jury or judge finds you not guilty. As discussed below, assault convictions can have serious consequences. An offensive contact is a class C assault which is up to a $500 fine. Whether intentional or not, violating a protective order is a Class A Misdemeanor that could lead to arrest and up to $4, 000 in fines. Still, if needed, the government can subpoena the witness to testify under oath. Sexual abuse is a type of domestic assault under Texas laws that a prosecutor can use to add enhancement to assault charges and result in severe penalties. This charge is a second degree even it is alleged to have been committed against a family member, but it will be listed on your charges as aggravated assault deadly weapon family violence. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.
If a court has ordered a family violence protective order that applies to you, it is critical to take the terms of the order seriously. If the grand jury doesn't have enough evidence to return an indictment in the case, your case can be essentially dismissed before it begins. It is a mistake, however, to think that a simple assault citation is not a serious offense simply because it is a class C misdemeanor; even a simple assault conviction on your record can result in serious consequences for the rest of your life. The same Texas law also has an enhancement for offensive contact assault or threats against anyone who is participating in a sports event, which will increase the charge up to a Class B Misdemeanor. Call Casey Davis, Collin County criminal lawyer and Plano criminal lawyer, right away if you are facing assault family violence or domestic assault charges.
In Texas, family/household members include: - Spouses. An assault is classified as family violence when it is committed against someone who is a family or household member or has some type of domestic relationship with the alleged offender. Now, for the felony assaults! Class C Misdemeanor Assault. The assault laws range from Class C misdemeanor assault family violence at the lowest level all the way up to first degree felony enhanced assault family violence at the highest level. Assault family violence charges arise when an alleged victim claims that a member of their family or household caused them injury in some way.
According to ordinary standards of reasonableness. Fortunately, there are defenses to charges of Assault Family Violence. Six Things You Need to Know About Assault Charges in Fort Worth. Accusations of domestic violence carry serious criminal penalties and collateral consequences. Serious permanent disfigurement. The state's attorney has the option to charge continuous violence against the family in a case where the facts show that the defendant was involved in two or more family violence assaults in the previous twelve months. 004 for a fuller description of the impact of a family violence finding. There are a lot of detailed facts that the state must prove to convict you of assault. In many cases, someone has called 911 but the parties have separated prior to the cops arriving. An experienced criminal lawyer can help you navigate the legal system and protect your rights. Despite the serious charges you may be facing, you have legal rights that deserve protection by a team of legal professionals. Most states have similar restrictions, including Texas. If a temporary Protective Order has been issued against you, the magistrate may choose to forbid firearm possession. Generally, one of three things will happen: - Prosecutors will accept a case immediately upon intake; - Prosecutors will send the case back to police for additional information or investigation and then accept it at a later date; or.
It's possible that the police officer who arrested you didn't understand the entire situation and made an error in taking the word of the other person who was involved in the fight. At Cofer & Connelly, PLLC, we have seen all kinds of assault family violence cases and helped many defendants get the best possible outcomes to their criminal cases. A person you've had a child with. After the police have filed their incident report, it is up to the prosecutor to decide how to proceed. Penalties for this offense range from fines and jail time all the way up to felony convictions which may have severe long-term consequences on an individual's life. Intentionally or knowingly causes physical contact with another that is provocative or offensive (Assault by Contact). Assault family violence charges are incredibly devastating to the law-abiding citizen or resident of the United States. The person who applied for the order has no legal authority to change it in any way. The wheels of justice turn slowly. Assaultive offenses against people in protected classes can be found in Texas Penal Code Section 22.
The charges can be serious, up to a second-degree felony in the most severe case. No ability to seal your record: Ordinarily, if you are arrested for an offense but the charge is dismissed without a conviction being entered against you, you have the option to seal or expunge your arrest and criminal record. All a person has to state is that the other person did "something" that caused them pain. Casey does not give up when she believes her client is wrongfully charged with an assault family violence or domestic violence type of case. There is no class B assault, it jumps from C to A. When you are charged with assault, a good criminal defense attorney is the lifeline you need to help you navigate the present and protect the future. 02 and considered second degree felonies. Why Was I Charged With Assault Family Violence When I Didn't Hit Anyone and Was Just Trying to Defend Myself in an Argument That Suddenly Turned Violent?
An experienced defense attorney will develop a strategy that would hopefully result in a dismissal, probation, deferred adjudication probation or a diversion program. An aggravated assault also includes the use of a deadly weapon such as a gun or knife in any altercation involving two people. Will I Have to Give Up My Firearms? Grand Jury Packet / "No Bill": If you have been charged with a felony, and the complaining witness / alleged victim has changed his or her mind about pressing charges and is willing to sign an affidavit of non prosecution, a good defense attorney may be able to present the affidavit and other evidence to a grand jury before your felony case ever gets set for a first court date. Attorney consultation: you can hire a skilled defense attorney of your choice (or you can get a court-appointed attorney if you can't afford to pay for one) to give you advice and guidance on your case. First Allegation: Bodily Injury. Interfering with an emergency call. How much does a domestic violence lawyer cost? These cases must be reviewed and accepted by the district attorney for prosecution. But, sometimes, the easiest way they do that is by taking someone to jail. A family related by marriage.
Any failure to follow the terms of the court's order can involve serious consequences. Self-Defense And Defense Of Others. While the police report may say who the officers believed was more at fault, a good defense lawyer will investigate independently and learn the truth about what went on in the dispute. If you have questions about whether the alleged victim in your case is considered a family member, please contact us. The Coffey Firm highly advises practicing self-help techniques when faced with a stressful situation.
The type of assault and punishment is defined by the elements listed in Penal Code Chapter C Assault. The facts of each case are unique and often require specific knowledge of Texas family law statutes. A family member of the alleged offender by blood, marriage, or adoption. In Top 100 Trial Lawyers in Texas. You'll get James and an entire team behind you, with personal calls, frequent meetings, and constantly-updated communication. It is critical that those accused of domestic violence take this information into account when preparing a defense in their case. 04 such as Injury to a Child, Injury to an Elderly Individual or Injury to a Disabled Individual. For example, you can't stage it in a public park where it might alarm or endanger others.
The Texas Council on Family Violence is a statewide nonprofit dedicated to ensuring the safety of victims and survivors of domestic violence and sexual assault. When you get a phone call to discuss the incident, it is often from a detective who is reviewing the initial report. It's important to put your best foot forward. County jail: Up to 1 year; or. Remember, the police are trying to build a case against you and WILL USE ANYTHING YOU SAY AGAINST YOU IF THE CASE GOES TO TRIAL. It is defined as making physical contact with a family member in an insulting, provoking, or impending way. A Texas prosecutor will consider a request to dismiss the case but does not have any duty to respect that request. My goal is to provide an effective defense strategy that ensures your rights and best interests are championed at every step of the legal process. As an example, it would be illegal for someone to have a gun for 7 years if they had a 2 year probation for family violence. Jail time is not an option. The mental state the law requires is that you intentionally threatened violent harm, knowing the fear it would cause to the person you directed the threat to. THEY WRITE IT - WE FIGHT IT!
Frequently Asked Questions. The judge will tell you the charges you are facing and let you know if the charges are supported by an affidavit—a sworn statement from the person who claims to be the victim of the assault.
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