Assault is broadly defined as intentionally causing contact that results in bodily injury or offensive contact. These charges can be a misdemeanor or felony depending on the seriousness and whether a deadly weapon was used. Use of a deadly weapon or contact that results in serious bodily injury could result in years of prison. Violent crimes are treated harshly in Texas.
Recently there has been great interest in the prosecution of assault in the household. Often times, these prosecutions are overzealous, and result in unnecessary protective orders.
Domestic Assault / Violence
When a family matter or household quarrel develops into something more serious and police are contacted, one of the parties involved will likely be arrested on assault charges. What exactly constitutes assault? When contact is made intentionally or recklessly with another, which results in pain or is objectively offensive, then assault has occurred. An offense is created even if spouses are the only ones involved.
The repercussions of a domestic assault conviction can be far-reaching, not only impacting family law and custody matters but also leading to prison time, fines and probation. Since domestic violence laws are being strengthened in many areas, whether or not a victim chooses to pursue criminal charges no longer bears influence – charges will likely be pursued regardless of the alleged victim’s desires. A first-time domestic violence charge is classified as a misdemeanor but it’s a serious matter because you are at risk of doing up to one year in jail and a fine of up to $4,000. When deadly weapons enter the equation, a charge of aggravated assault can be filed and the subsequent penalties will also be enhanced. Repeated convictions can lead to felony charges and long prison sentences.
Defending a Domestic Violence Charge
As a former prosecutor, I understand how prosecutors think. Plus, I understand your fears and concerns if you have been arrested for domestic assault. I vigorously present my client’s defense. I also insist that the prosecution prove its case. When the state’s evidence does not add up, I know it. I rigorously cross-examine the state’s witnesses and point out inconsistencies, exaggerations and possible lies in their testimony. This can result in establishing a reasonable doubt, which requires an acquittal and your freedom. I am accomplished in obtaining dismissals and acquittals for my clients.