Assaults Including Family Violence2019-08-06T13:46:55-06:00

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Assault Offenses

This area of the web site covers assault offenses including family (Domestic) violence, aggravated assault with a deadly weapon, aggravated assault serious bodily injury, Etc. It does not cover Sexual Assault or Intoxication Assault offenses. See the section of the web site covering sex offenses and the section covering intoxication (DWI) offenses for more information in these areas or feel free to call us at 1-972-722-0887 or text us at 972-814-7318 to setup a free phone consultation

Assault including family (domestic) violence

The offense of assault involves violence or the threat of violence towards someone. It is considered family (Domestic) violence if it is directed toward a family member, someone living at the household, someone you are dating, or someone else you may have had a relationship with. Threatening someone with violence where they feel in danger of imminent bodily harm is a class C misdemeanor punishable by a $500 fine but no jail time. If the person is injured, even if they just feel pain with no visible bruises, the offense rises to a class A misdemeanor punishable by up to one year in the county jail and up to a $4000 fine. If choking is alleged, the defendant could be charged with a third degree felony which carries up to 10 years in the penitentiary and up to a $10,000 fine. If the defendant has a prior family assault conviction, he could also be charged with a third degree felony if family violence is again alleged.

To be found guilty it must be shown that the person acted intentionally, knowingly, or recklessly. This last part means you can be charged even though you had no intention of hurting anyone. For example, a girlfriend and boyfriend are arguing. The girlfriend in anger throws her cell phone against the wall and it bounces off and hits the boyfriend hitting him in the head and causing a small cut. A next door neighbor hearing the commotion calls the police. In this case the girlfriend will probably be charged with a class A misdemeanor assault family violence even though she had no intention of hurting anyone because she acted recklessly.

It is important to note that if a person is charged with assault family violence and the state wants to pursue the charge, they can do so even if the victim desires to drop the charge. It is very common for a victim of assault family violence to be the one to bond the defendant out. It is also not uncommon for the accused to be held in jail for at least 24 hours before released and when released, have an emergency protective order issued where he or she cannot even go home when released.

This charge could also have serious immigration consequences if the accused is not a United States citizen. It is considered a crime involving moral turpitude which could get the accused deported. My firm has considerable experience in this area and may be able to advise you on a course of action to mitigate the immigration ramifications.

It is strongly suggested if you find yourself charged with this offense that you call an attorney and discuss your situation with him. Feel free to call us at 1-972-722-0887 or text us at 972-814-7318 to setup a free phone consultation or send us your contact information and we will get back with you.

If you wish to read the law on this subject you can link to:
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01

Aggravated Assault with a Deadly Weapon

This offense is extremely serious and is a second degree felony carrying from 2 to 20 years in the penitentiary and up to a $10, 000 fine. It involves the use or the threat of use of a deadly weapon. A deadly weapon can be just about anything if used in a manner that could cause serious bodily injury or death. A plastic bag, pillow, automobile, and so forth could cause someone to be charged with this offense if they intended it to be used or were so reckless in its use that it could have caused death or serious bodily injury. If a family member is the victim, it is, or course, a family violence offense. Bear in mind that even if the victim does not want to pursue the case, the prosecutor will most likely still go forward with it.

This being a felony, the case would have to presented to the grand jury by the prosecutor before it is sent on in to the courts. The Grand Jury has to agree that there is sufficient probable cause for the case to be pursued. If they agree, then the defendant is considered indicted and the case is then sent on the regular courts to be handled by trial or plea bargain or somewhere in between.

It is important to note that in some cases, if the case is weak or the victim does not want to press charges, the case may be stopped at the Grand Jury. This means the person is no-billed and not indicted. Therefore, it is important to contact an attorney as soon as you are arrested so that he can look at the case and see if he might stop the case at the grand jury. This firm has had some very good results by putting together a packet for the Grand Jury on the defendant’s behalf and getting him/her no-billed. Do not miss this window of opportunity. Once you are indicted (true billed) it is too late to try to get the case no-billed.

If you are indicted for this offense the judge cannot give you regular probation. You may be able to get a special type of probation termed deferred adjudication and the Judge at his discretion can give this type of probation. If you are sent to prison on this offense, you must do at least half of the sentence before you may be eligible for parole.

It is strongly suggested that if you find yourself or a family member charged with this offense that you contact an attorney as soon as possible. The earlier he starts on your case the better chance of a favorable outcome. Call us at 972-722-0887 or text us at 972-814-7318 to setup a free phone consultation. Or contact us through the email feature on this site and we will get back to you shortly.

If you wish to look at the Texas Statute that covers this offense you can link to:
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.02

Assault with serious bodily Injury

Like aggravated assault, this is a very serious offense. It is a third degree felony and carries the potential for up to 10 years in prison and up to a $10,000 fine. If a family member is involved it is considered family violence.

This offense occurs when someone is serious injured by someone by, for example, being beaten severely. A weapon is not normally involved in this type of offense.

Like any felony, the case will have to be presented to the Grand Jury and they have to agree that there is sufficiently probable cause for this case to go forward. If they do, then the defendant is indicted and the case goes on in to the regular courts to be tried or plea bargained out. It is important to contact an attorney as soon as possible if charged with this offense. Sometimes, if a case is weak or the victim does not want to pursue the case, your attorney may be able to present a packet to the Grand Jury on your behalf and possibly get you no-billed. This stops the case at that point.

It is strongly suggested that if you find yourself or a family member charged with this offense that you contact an attorney as soon as possible. The earlier he starts on your case the better chance of a favorable outcome. Call us at 972-722-0887 or text us at 972-814-7318 to setup a free phone consultation. Or contact us through the email feature on this site and we will get back to you shortly.

If you wish to look at the Texas Statute that covers this offense you can link to:
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.02

Other Assault Cases

There are many types of assault cases. The above are some of the more common. Most assault cases have very serious consequences. If you are not a United States citizen, this offense may very well get you deported if not handled properly. Call us at 972-722-0887 or text us at 972-814-7318 to setup a free phone consultation to discuss your case and the various options available. As noted above, if your case is a felony and you have not been indicted yet, call us before this happens. Sometimes we can put together a Grand Jury packet that is presented to the Grand Jury and may keep you from being indicted.