Assault Family Violence
Many people think that receiving a ticket is a minor infraction. In some cases it may be. However, this is not the case when a person is charged with assault family violence and issued a ticket for that offense. The class c version of assault family violence can have a serious impact on a person’s life that is very similar to the higher misdemeanor or felony charge. This article is intended to help those that have been charged with an assault family violence ticket understand the seriousness of the violation and what to do in order to defend the case. If you would like to discuss your assault family violence case with our experienced team of criminal defense attorneys after reading this article, feel free to contact our office at 214-321-4105.
The Pretrial Procedure
First, the procedure for a class c assault family violence requires that the person make a personal appearance in court regardless of whether they are represented by an attorney or not. The purpose of requiring the attendance of the defendant is to obtain their fingerprint records. These records are then sent to the Department of Public Safety. Thereafter, the case can proceed to the next phase. This face is called the pretrial hearing. It is an opportunity to start gathering the evidence that will be used against a defendant to establish their guilt. At the same time it is an important phase of the case to begin mounting a defense.
Understanding The Seriousness Of The Situation
Assault Family Violence Attorney
It can go without saying that if a person can lose their job simply because of an allegation, then the case is serious. We have represented school teachers that have lost their teaching positions because of a simple assault ticket. Facts as minor as throwing a cup of ice at someone at a party can have a huge impact on a person’s life. As a result of a class c assault family violence charge, many things can be impacted due to the collection of the fingerprint records. Consequences that our criminal defense attorneys have witnessed are:
- Denial of Housing
- Loss of Employment
- Inability to Purchase Firearms
- Evictions
- Protective Orders
Defending Assault Family Violence Cases
Defense Attorney For Assault Family Violence Case
Because class c assault family violence tickets can have a huge impact on a person’s life, it is important to start the defense immediately. In most cases, we try to obtain an affidavit from the alleged victim that states that they do not want the charges to be prosecuted. Our criminal defense lawyers draft this document and present it to the alleged victim for signature. The affidavit of non prosecution is signed before a notary in our office to ensure that it can be accepted as evidence in the case against our clients.
Just because an affidavit of non prosecution has been signed, it does not mean that the case will automatically be dismissed. The prosecutor can choose to proceed without the cooperation of the alleged victim. But this makes their job a lot more difficult. If the alleged victim is not going to cooperate and the case is set for trial, then it almost makes their ability to prove up the offense impossible. A person has a constitutional right to confront any witness against them. If that witness refuses to testify, then the prosecutor cannot establish guilt as required by the constitution in many cases.
This is why it is imperative to determine how the alleged victim feels about the case and what their intent is with regard to prosecuting the case or wanting it dropped. Once that is determined, then defense strategies fall in to place based on the remaining evidence the prosecutor has to work with.
Hiring A Lawyer For An Assault Family Violence Case
In all assault family violence cases, we highly suggest hiring a lawyer. Remember that anything you say or do can be used against you. If you try to represent yourself and you admit to an assault in conversations with the prosecutor, then they no longer need the alleged victim. So how can you meaningfully have a conversation with the prosecutor? The answer is you cannot. This is why you need a buffer between you and the prosecutor to help assist with the defense of your case.
