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. If you are charged with this crime in Travis County (Austin), Williamson County (Georgetown), or Bell County (Temple)—we can help.
Who is considered a family member?
The short answer is, anyone you are related to or have lived 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 girlfriends/boyfriends included as family members, but current and former roommates are as well. So, you CAN be charged with assault family violence in Texas for fighting with your roommate.
How do I Handle Assault Family Violence Cases?
Assault cases vary significantly from case to case in terms of how I handle them. The one thing they all have in common is that the state takes these type of victim cases extremely seriously. This is especially true given the current state of the Me Too Movement and our political climate. I will need to understand the specifics of your case to try to find a pathway to a dismissal or a not guilty verdict. The first high-level analysis involves looking at the dynamic of the relationship between the individuals, finding out who any witnesses are and any other relevant facts. Often times alcohol and drugs are a contributing factor that leads to an assault family violence charge, and that will need to be taken into account. Additionally, victim culpability and criminal history may play a significant part. After gathering these facts, we have the stage set for a more detailed investigation. During this stage often cracks in the state’s case against my client will start to surface. It is at this point a strategy is carefully crafted given the facts of the case and the county it has been charged in. I invite you to call me to set up a free consultation to discuss how best to handle your specific case.
State vs. D.I.
Client was charged with Assault with Injury. Assault happened in a bar with numerous witnesses who testified at trial. Victim had approximately 30,000 in medical expenses. Result: Not Guilty jury verdict.
State v. S.T.
Client was charged with felony assault family violence with impediment of airway (strangulation). Client was in the victim’s car, tried to take their cell phone, struck them multiple times and grabbed their throat to the point they could not breath. There were third party witnesses. Result: case dismissed.
State vs. N.U.
Client was charged with misdemeanor assault family violence. Client was arrested for assaulting her boyfriend in front of his family. Our investigation revealed that the boyfriend and his family had manufactured the allegations in an attempt to gain legal residence in the United States. Result: Case Dismissed
State vs. K.B.
Client was charged with misdemeanor assault family violence. After a significant argument, client punched his wife in the face. After the police arrived, client admitted to punching his wife. Result: Case refiled to lower charge which was ultimately dismissed.