Assault Family Violence Lawyer

Assault family violence charges can be one of the most challenging criminal charges to defend as a lawyer depending on the circumstances of the case and what county in Texas the charge was filed. It is important to understand that the Texas legislature has spent a lot of time amending the laws associated with assault family violence cases to ensure that the alleged victim is protected and the defendant is held accountable. These laws can overstep in many situations when the charge was filed without a full understanding of the circumstances that gave rise to the assault charge. This page is dedicated to those that have or know someone who has been charged with an assault family violence case. If you would like to speak with our assault family violence defense lawyers after reading this article, feel free to contact our office at 214-321-4105. Our criminal defense attorneys would be glad to sit down with you and give solid legal advice on how best to defend your record and your constitutional rights.

The Legal Definition of Assault Family Violence

The definition of assault is as follows:

Assault Family Violence Lawyer

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor.

In order to have the case filed as assault “family violence” it must be shown that their is a familial relationship between the defendant and the alleged victim. The court must find that the relationship meets the legal definition outlined in the Family Code. Those specific relationships are as follows:

Family Violence Lawyer

DATING VIOLENCE:

(a) “Dating violence” means an act, other than a defensive measure to protect oneself, by an actor that:

(1) is committed against a victim or applicant for a protective order:

(A) with whom the actor has or has had a dating relationship; or

(B) because of the victim’s or applicant’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and

(2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.

(b) For purposes of this title, “dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

(1) the length of the relationship;

(2) the nature of the relationship; and

(3) the frequency and type of interaction between the persons involved in the relationship.

(c) A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a “dating relationship” under Subsection (b).
FAMILY: “Family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
HOUSEHOLD: “Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

The Impact of an Assault Family Violence Conviction

Lawyer For Assault Case

If any of these relationships can be established, then the assault case will turn from a basic assault to an assault that is filed with the family violence endorsement. This is an enhanced assault charge that can impact may of the basic rights that ordinary Texas residents enjoy. For example, a conviction for assault family violence can impact the ability of a person to obtain certain housing. It can impact licensing for plumbers, electricians, real estate agents, teachers, nurses, security, and locksmiths. The conviction for an assault family violence can also take away a person’s right to legally carry a firearm.

Defending Assault Family Violence Charges

AFFIDAVITS OF NON-PROSECUTION: Their are many different ways to defend an assault family violence charge. First, it must be determined if the charge itself can be proven beyond a reasonable doubt without the assistance of the alleged victim. If the assault family violence charge cannot be proven without the testimony of the alleged victim, and the person is willing to sign an affidavit that states they do not want to prosecute, then the first step is to obtain a signed affidavit to submit to the prosecution that will allow them to consider the dismissal of the charge. Our assault family violence defense attorneys will normally assess whether or not the cooperation of the alleged victim is a possibility. If it is, then we will draft this document on behalf of our clients to have the alleged victim sign before a notary.

These documents are not a silver bullet. Many times, even though an affidavit has been signed by the alleged victim in an assault family violence case, the prosecution will still try to prosecute the case regardless. This is when a criminal defense attorney needs to verify the strength and weaknesses of the evidence that the prosecution has in order to assess whether or not the State of Texas can prove their case without the assistance of the alleged victim.

Criminal Defense Lawyer Dallas

SETTING A CASE FOR TRIAL: If the prosecution is unwilling to dismiss a case based on an affidavit of non-prosecution, then many times a case will be set for trial. Trial settings are a last resort when the prosecution will not back down and continues to try to prosecute a case even when the alleged victim does not want to press charges. When the alleged victim does not want to participate in trial and refuses to show to testify against the defendant, it can make it almost impossible for a prosecutor to overcome the procedural hurdles to establish an assault occurred. This is because officers normally do not witness any of the alleged acts that would be considered an assault. the only direct evidence of an assault is usually the alleged victim getting on the stand and testifying. An officer cannot state from the witness stand that an alleged victim told them they were assaulted because it is hearsay.

Further, as criminal defense attorneys, we have seen many prosecutors fail to subpoena the alleged victim to testify. When a victim has not been properly subpoenaed, then the prosecution is not allowed to request a continuance of the trial setting. Based on the witness being unavailable and the evidence trying to be submitted being hearsay, the case falls apart and is usually dismissed.

CONDITIONAL DISMISSALS: Conditional dismissals can be effective in having a case dismissed short of going to trial. Conditional dismissals require defendants to usually complete educational coursework, drug tests, community service hours, donations to food banks, etc. to have the case dismissed. Each condition is tailored to the specific case and vary. Many times, the cost of completing the conditional dismissal requirements are much cheaper than setting a case for trial, so clients will choose this option if available.

Criminal Defense Attorneys

Hire a Lawyer For An Assault Family Violence Case in North Texas

If you or a loved one has been charged with an assault family violence case in North Texas, feel free to call our criminal defense lawyers today. Our office has handled thousands of assault cases over the last two decades. Let our firm put that experience to work for you. Call our assault family violence defense attorneys at 214-321-4105 to get the legal representation you need.