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The law of assault in Texas says that you have to act intentionally, knowingly or recklessly in a way that causes bodily injury to someone to be charged with a crime. At Varghese Summersett, our attorneys have decades of experience on both sides of the courtroom – first as prosecutors and now as defense attorneys. Class C Misdemeanor: A Class C is punishable by up to a $500 fine. There are often discussions and arguments about the facts and evidence, which can result in a Suppression Hearing, where your lawyer makes arguments to keep improperly gathered evidence out of court. Depending on the level of offense charged, the harm can either be physical or emotional, ranging from contact with or threats against the alleged victim. Domestic assault, known in Texas as assault with family violence, can be any physical contact (grabbing, pushing, scratching, hitting, etc. My experience in that court gives me a special advantage when assisting my clients. An assault charge can be elevated to a felony depending on the type of person assaulted or the manner of the assault. Anyone you have a dating relationship with or have had a past dating relationship with. Casey can show you samples of her work in this area and provide references for others charged with assault family violence or domestic violence that she successfully managed with a dismissal, decline to prosecute, no bill or reduction of charges. The conviction penalties include between 2 and 10 years in prison and/or a fine of up to $10, 000.
The impact of a criminal record of this kind can keep you from legally owning guns, and it will harm your ability to find a place to live, get a job, qualify for a loan, and spend time with your kids. Things get out of hand, and someone calls the police. Call Casey Davis today to schedule a free consultation. Serious permanent disfigurement. Many professional licenses can be impacted by those crimes, from a contractor's license to a real estate license. They can help your defense and gather all the critical evidence to get the whole picture of what happened. A person can allege that a family member has assaulted them numerous times, with no more evidence than their word, and cause a person to be arrested for assault family violence continuance. While jail time is a possibility if you have been charged with anything other than a Class C misdemeanor, the goal would be to avoid jail time for a first-time assault. In many cases, the police may have a policy that requires them to separate family members after a physical altercation, so they may take someone into custody or order one person to leave the house to alleviate the situation. I can provide invaluable insight into your case, educating you about state and federal laws.
In the chaos and confusion of the police intervention in a family fight, what happened can often be unclear. If so, you may be feeling scared, isolated, and alone. With a proactive defense and mitigation approach, assault convictions can often be avoided. Unfortunately, fines and jail time may not be the only consequences a person is found guilty or pleas out on a domestic violence charge. 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. Practice Self-Help in Stressful Situations. Aggravated Assault Family Violence - Second-Degree Felony. As a public matter, a domestic violence criminal case might be in the news in your area, which will have a strong negative effect on your relationships around town. In cases like these where family is involved, having the right legal representation makes all the difference. Your future may depend on it and I'm here to help — call today to get started. A family violence assault charge also likely impacts your activities with local clubs or social organizations. The government brings a criminal case, and it is up to the state's attorney to decide how to prosecute the charges. If you recklessly took some action that caused harm, you are responsible for the outcome. First-degree felony.
Family violence offenses include: - Class C misdemeanor: When the offense involves provocative or offensive physical contact. Different Types of Assault Offenses: You may find yourself charged with one of many different categories of assault offenses or assault-related offenses: - Assault by contact. However, in some cases, assault can be a felony offense. Family violence cases require diligence, attention to detail, and holding of the client's hand. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting injury (such as a broken jaw). A person cannot provoke you into an assault and then claim self-defense. Simple assault charges are Class C misdemeanors with a punishment range of up to a $500 fine and no jail time. It takes time, but you cannot afford to have any missteps while the case is pending. In their mind, victims have may have motives for completing an ANP and keeping the defendant out of jail: love, reconciliation, monetary dependence, just to name a few. So, it is easier to just arrest someone and "CYA" for the police department than deal with bad press. If the prosecutor files criminal charges against you, the complications intensify.
Or this can lead to an enhanced charged taking a misdemeanor up to felony or a third-degree felony up to a second-degree felony or a second-degree felony up to a first-degree felony. You can also be charged with assault if you make physical contact with someone else knowing that the other person will consider it offensive or provocative (Assault by Contact or Simple Assault – Class C Misdemeanor). Moving up from here is aggravated assault deadly weapon which is second degree. If you are a business owner, your relationship in the industry may suffer when others in your profession learn of your criminal record for family violence. One important factor one must be aware of if facing domestic violence charges is that prosecutors do not need the accuser to move forward with prosecution in domestic assault charges. Moreover, I will assess the details surrounding your police report, looking for ways to fight back against the allegations. The law will let you go ahead without a lawyer. Class C assault includes either threatening someone with bodily harm or making offensive contact toward someone. Although a charge of Terroristic Threat is a misdemeanor in most cases, it looks horrible on your record.
You'll get James and an entire team behind you, with personal calls, frequent meetings, and constantly-updated communication. Assault Offenses- What's the Difference? If charged with family violence assault based on a dating relationship, these and similar questions are all part of the facts that the prosecutor will use to show that the partners were dating or had been dating in the past. She fights for them and when one course of action does not work, she goes back to her file, rethinks her strategy, and tries again. The person who applied for the order has no legal authority to change it in any way.
A serious bodily injury usually requires urgent medical care and time to recover from the effects. If you face charges of family violence assault in Austin or elsewhere in Texas, you need a strong defense. The law says that you commit a crime if you cause injury and do it intentionally or recklessly, knowing the risk of harm. Can We Just Let It Go? Police and prosecutors are inclined to believe the alleged victim. I care about more than just keeping you out of jail; I care about your name, your reputation, and your future.
A person commits the offense of Aggravated Assault Causing Serious Bodily Injury if he or she commits an assault that causes "serious bodily injury" which is a legal term defined as bodily injury that creates: - A substantial risk of death or that causes death. 3) dating violence, as that term is defined by Section 71. Even good police officers and prosecutors make a lot of bad assumptions. Therapy does not make you a bad person, it makes you a person who is smart enough to know they need help to handle a stressful situation.
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