How To Beat Your Domestic Violence Case! A Former Prosecutor Explains!
Charged with Domestic Violence in Fort Worth, TX / Tarrant County?
The applicable section of Texas Penal Code §22.01 states that a person commits the misdemeanor offense of assault if the person: (1) Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse.
Under Texas law, you can be charged with assault family violence if the altercation is between siblings, your spouse, a parent, a dating partner, or any member of the household. An Assault-Family Violence conviction in Fort Worth has serious consequences. If there is a family violence finding you are not allowed to carry a firearm. In addition, you are not entitled to a non-disclosure (sealing of your record) with a family violence conviction.
The punishment range for an Assault-Family Violence charge is up to one year in the county jail and up to a $4,000 fine. If you have been previously convicted of Assault-Family Violence your punishment range is increased to a third-degree felony and you are facing 2-10 years in prison and a fine of up to $10,000.
Fort Worth Domestic Violence Lawyer
Why can my case not be automatically dismissed if the alleged victim does not want to prosecute?
I have had many clients in Fort Worth, Arlington and surrounding cities ask me why their case will not be dismissed if their spouse does not want to prosecute. The short answer is that once a case is filed by the police with the District Attorney’s Office, the decision is out of the alleged victim’s control. Typically, a 911 call is made and the police arrive at the scene and assess the situation. If the responding police believe the elements of an assault occurred, one party will be arrested and taken to jail. The police officer will then file a case with the District Attorney’s Office. The District Attorney’s Office will decide whether to accept that case and if they do accept the case it is generally out of the alleged victim’s hands. Whether the case will be dismissed is now up to the prosecutor assigned the case. Prosecutors have implemented a “No Drop” policy which is intended to protect victims of domestic violence. The prosecutor will try to contact the alleged victim and will discuss the case with the alleged victim, but ultimately it is the prosecutor’s decision to dismiss the case when the proceedings have reached this point
Assault crimes are categorized as violent crimes that many times carry with them devastating consequences. If you are convicted of an assault charge, it may be extremely hard to find a job because of a violent criminal conviction on your record for the rest of your life.
Texas Domestic Assault
Family violence in Texas is governed by the Texas assault statutes. For cases involving violence between family members, those that live in the same household, and those in a romantic relationship, there can be additional restrictions or penalties when the case goes to court.
In Texas, simple assault is characterized as intentionally, recklessly, or knowingly causing harm to another, threatening another with bodily harm, or making physical contact with another person that they would find offensive or provocative.
Aggravated assault can be charged if simple assault is committed and there is serious bodily injury or a deadly weapon was used or shown to the victim during the commission of the crime.
Assault with Family or Household Members in Texas
The relationship between the people involved in the case can also increase the charges. For example, it can raise what would have been a misdemeanor charge to a felony, or raise felony charges to a more severe felony.
Texas Penalties for Assault
Additionally, the new law can increase the penalty for committing assault. For example, in Texas, simple assault is considered a Class A misdemeanor, but committing assault against a family member or someone in the household is a felony in the third degree.
A Class A misdemeanor can be punished by as much as one year in jail and fines of $1,000. A conviction for third-degree felony assault is punishable by as much as 10 years in prison and fines of $10,000.
How a Domestic Violence Attorney Can Help
If you have been arrested and charged with assault-domestic violence in Fort Worth, Arlington, or surrounding cities, you need an aggressive and knowledgeable Fort Worth criminal lawyer on your side. Whether you have been charged with a misdemeanor assault-domestic violence or felony assault-family violence a conviction could carry with it the possibility of jail time.
At the Fulgham Law Firm P.C., you will find a Fort Worth criminal law practice focused on passionately defending the accused. Contact our Fort Worth office now at 817-877-3030 for a free consultation.
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25 авг 2021
