Assault & Family Violence Attorney in Austin, TX
Assault Family Violence in Texas:
A family violence allegation in an assault charge ups the seriousness of the situation significantly. If convicted of assault with a family violence finding, you can never own a firearm again for the rest of your life. Additionally, assault family violence is an enhanceable offense. What this means is that your first offense of assault family violence is a class A misdemeanor. But, any subsequent allegation is charged as a felony.
Who is considered a family member?
The short answer is, anyone you are related to or have live with. Unfortunately the family code goes way beyond the scope of what it should. For the purposes of this offense, not only are spouses and girl friends/ boy friends included as family members, but current and former roommates are as well. So, you CAN be charged with assault family violence for fighting with your roommate.
How do I Handle Assault Family Violence Cases?
Often times I see this charge alleged between two college roommates who got in a shoving match with each other. No one in their right mind should think that type of situation could result in the accused losing their firearm rights forever or being charged with a felony. Unfortunately, that is what the state of the law is. It is ridiculous. Then, there is the other side of the coin. I also see the classic domestic abuse case where there is legitimate injury. Unfortunately prosecutors and police don’t differentiate against the two. Of course there are situations that are in between those two examples given. Regardless of your situation, this is a serious charge and thus it needs to be taken seriously. I invite you to call me to set up a free consultation to discuss how best to handle your specific case.