This means you are charged with causing a family member to feel pain or suffer bodily injury. In Texas, this crime can include stalking or threats of violence towards an intimate partner or even interfering with that person's ability to peacefully remain in their home. A serious bodily injury usually requires urgent medical care and time to recover from the effects. The legal meaning of the words "intentionally or knowingly" involves a specific state of mind that the prosecutor must prove to get a conviction on an assault charge. There is an upcoming custody battle. For various reasons ranging from jealousy to revenge to anger, someone may make false claims of family violence that have genuine potential to upend your life. You may lose out on getting the apartment or condo you'd like to live in if you can't get through the background check with a clean record. 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. Every criminal case in Texas has what is called a bifurcated trial. A Texas assault family violence lawyer who also knows the law and the courts is your best bet to level the playing field. Assault by Threat is a Class C Misdemeanor in Texas and is punishable by up to $500 in fines. We can sometimes negotiate a resolution that avoids a conviction and all the consequences.
Once a conviction is on your record, there is no way to get the offense off of your record. This can be the result of a verbal argument where you say something to the other party, placing that person in fear of imminent serious bodily injury. WHAT TO DO NEXT: What should you do if you are being investigated or charged with an assaultive offense? These assault family violence or domestic violence cases can also be dismissed, refused, declined, no billed or receive a not guilty verdict from a judge or jury. Class C Reduction: Occasionally, the State may agree to dismiss a misdemeanor or felony assault family violence charge in exchange for a defendant's agreement to plead no contest for deferred adjudication probation on a class C offense such as disorderly conduct or "offensive touching" assault. An experienced assault-family violence defense attorney in Texas is trained to spot potential procedural flaws in the arrest or police investigation. What you do (or don't do) while on bond can impact your case. If the state doesn't offer to settle or resolve the case in a way that you can accept, then it goes to a trial. Under federal firearms laws, it is a criminal offense for any person who has been convicted of even a misdemeanor crime of a domestic violence to ever own a firearm or ammunition.
Jobs, Housing, and Other Effects. However, an alleged victim simply claiming discomfort will not be enough for an ABI charge. An experienced Texas assault family violence attorney can help you make your case in court to change the PO, but no one other than the judge can change the legal terms of the order. A child of a partner/former partner.
Boyfriend or Girlfriend. If you are facing any domestic violence charges in Texas, consult with the experienced legal team at the Hill Law Firm immediately by calling us at (713) 623-8312 or contact us online. As a criminal lawyer, I have long appreciated their mission and the tremendous amount of work they put in to achieve it. Even if you get deferred adjudication to keep the worst of the criminal punishments away, a family violence charge cannot be cleared or expunged from your record. In most cases, domestic assault or violence is charged as misdemeanors. Other crimes that are considered under the Assault Chapter in the Texas Penal Code include: - Injury to a child, elderly individual, or disabled individual. Non-citizens convicted of Assault Family Violence can be denied Lawful Permanent Resident Status or be deported. A conviction can result in as much as 1 year in jail and/or a fine of up to $4, 000.
Note: A permanent family violence penalty can upgrade any future allegation of a felony. Police Report And Arrest. Class A offenses are punishable by up to a year in jail and/or fines of up to $4, 000. Furthermore, you can also be charged with felony or aggravated assault if serious bodily harm was intentionally caused or if a deadly weapon was used in the assault. A threat assault does not require physical contact for the crime to occur.
In this day and age, most people who are deemed to have a "history of violence" are not employable and are deemed to be undesirable neighbors. However, if the threat or offensive contact assault is directed against an elderly person, the charge is enhanced to a Class A Misdemeanor. In many cases, someone has called 911 but the parties have separated prior to the cops arriving. Law Regarding Assaultive Offenses. Your situation is serious, and you need a staunch advocate on your side fighting for you and your future. Will I Go to Jail for First-Time Misdemeanor Assault? While Texas does not have any specific statutes that are labeled "domestic violence", these crimes are generally prosecuted as misdemeanor assault charges. Notice that under Texas criminal law it is possible to be charged with an assault offense by causing or threatening to cause bodily injury. In Texas, bodily injury is defined as physical pain, illness, or impairment of physical condition. A person you are currently married, dating or in an intimate relationship with, or a person you previously were married to, dated, or had an intimate relationship with. 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. Domestic violence may be charged as a third-degree felony for strangulation (choking) or if the assailant has prior domestic violence convictions. Assault of a family member by offensive contact is an offense that should not be taken lightly.
Unfortunately, fines and jail time may not be the only consequences a person is found guilty or pleas out on a domestic violence charge. We know the best approach for your legal matter. First degree felonies carry a minimum of 5 years in prison so this is a very egregious family violence or domestic assault charge that may be unfounded. As a former Chief Felony Prosecutor and Board Certified Criminal Law Specialist, James Aulbaugh is ready to assist you with your case. Assault Bodily Injury -Continuous Violence. Prosecutors in the Family Violence Unit have the special function of handling only domestic violence-related cases in Tarrant County Criminal Court 5. While jail time isn't an option, you could still be left with an assault conviction on your record. Most clients are unaware that the Texas state legislature has created family violence enhancement for domestic violence related offenses.