Assault-family violence, assault bodily injury-family violence or domestic violence cases can have severe and draconian consequences for the unwary defendant. Assault cases with a family violence finding can range from a minor charge such as a Class C misdemeanor (same level as a traffic ticket) for an offensive or unwanted touching even where there is no injury or pain, where the maximum punishment is a $500.00 fine, to a second degree aggravated assault where there is serious bodily injury, where the range of punishment can range from 2-20 years in prison.
The Most common type of case is assault bodily injury-family, which is a Class A misdemeanor where the punishment range is up to one year in jail and fines. Regardless where your case falls, you need a lawyer experienced in family violence cases to guide you through your situation.
Effects of an Assault Conviction
A conviction with a finding of family violence will affect you for the rest of your life. You will not be able to join the military or reenlist if in the military and you cannot possess a firearm or ammunition under the Lautenberg Amendment to the Gun Control Act. Conviction of family violence is considered a moral turpitude crime, which means that your testimony in a court could be impeached and that certain jobs involving clearances are not available to you.
Importance of a Good Attorney
Many defendants have been falsely accused and convicted because they or their attorneys did not understand the consequences of a finding of family violence and did not properly prepare for the case.
If you find yourself accused of a domestic violence type of offense, you need a lawyer that is a zealous advocate to defend you. Facts need to be gathered and witnesses interviewed very early in the case. Our attorneys help you understand how these cases are prosecuted, and what can be done to prepare the strongest possible defense. Often, you need to prepare like you are going to trial early in the case in order to keep your options open.
What We Can Do For You
Our experienced criminal defense attorneys often get assault or assault with bodily injury cases dismissed because they go to court prepared to try the case to a jury and they know the facts of their clientâ€™s case very well. It is important to get your case dismissed if you are innocent or if the state cannot prove your case beyond a reasonable doubt. You can not seal (order for nondisclosure) or expunge your record if you are placed on probation for family violence for Class A misdemeanor or felony case. Call us today to speak with an experienced trial attorney about your criminal matter. There is no charge for a confidential telephone consultation with one of our lawyers.
Even if the facts of your case do not support a dismissal, you still need a lawyer that will get the best plea bargain offer from the district attorney (or county attorney) including reducing fines and time that you will be on probation. Your attorney must make certain that you get deferred adjudication probation so that you do not have a conviction if you successfully complete the probation. Whether the facts of a particular case support a dismissal or a plea bargain agreement you will find that our attorneys are zealous advocates for you.
What is Family Violence
Family Violence is defined in the Texas Family Code (Section 71.004) as: An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault or sexual assault, but does not include defensive measures to protect oneself.
The following are some examples of relationships where an assault is considered family violence:
- Married couples
- Cohabiting couples
- Those individuals that have a child or children in common
- Those individuals that are in a relationship or that had a former relationship
- Persons who were formerly married to one another
If you have been charged with an assault, you need an experience attorney from our firm. We have the experience in handling family violence cases that you need. Our lawyers are also quite competent in family law matters and can assist with the collateral civil issues that arise from this charge such as protective orders, restraining orders, divorce and custody issues. Contact us now to discuss your case at no charge. Let our attorneys analyze your situation and discuss legal fees and payment plans available to you.