What you think is just an argument can turn into something much more. Whether it's between a husband and wife or significant others - assaults are more common than you would think. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and so someone must be arrested for Assault Family Violence. Assault family violence in Texas carries serious consequences when not addressed immediately. If you have been charged in Comal, Hays or Guadalupe with any type of assault (felony or misdemeanor) or related offense, it's imperative to contact an experienced attorney.
You have rights, and at Law Offices of Darren Lee Umphrey, PLLC, we are here to uphold your rights and defend any allegations made against you. Call us at 830-627-3123 or 512-686-5100 to schedule a Free Initial Consultation today.
Assault Family Violence in Texas
Assault Family Violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives, but, it can also include roommates or other members of the household. Examples of physical acts that can arise from assault family violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, like threats of violence, sexual abuse, emotional abuse, and financial abuse.
Consequences of Alleged Assault Family Violence in Texas
When a defendant is charged with a assault family violence, the court has the power to order a protection order, also referred to as a restraining or no-contact order, depending on your jurisdiction. Protection orders can be made even when the defendant isn't present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has really even begun. In essence, when it comes to assault family violence you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.
Criminal convictions of any nature, but especially assault family violence offenses, can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a conviction.
Penalties of Domestic Violence or a Related Criminal Conviction in Texas
The sentencing options for assault family violence offenses include many. Much of it depends on the severity of the allegations and any prior protective orders. Generally, penalties can include but are not limited to:
- Fines
- Probation
- Domestic violence treatment or counseling programs
- Imprisonment
When sentencing an offender for an assault family violence offense, the court will take into account aggravating circumstances, like:
- the level of injury sustained by the victim
- whether a weapon was used or a child witnessed the crime
- whether the crime violates an existing protection order
- the personal characteristics of the victim, such as older age or pregnancy
The penalties for assault family violence offenses can quickly become harsher with subsequent convictions in Texas.
Can Assault Family Violence Charges Be Dropped?
Assault family violence charges can be dropped, but it is critical to know that they will not be dropped only because the alleged victim of the violence no longer wants charges brought against the alleged suspect. Charges are brought by the state, not by the affected person.
The same is true about the protective order. Even if the victim no longer wants the protection order, the order remains in effect. Any person who has a protective order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order is a serious offense.
Defenses to Assault Family Violence Allegations in Texas
A person can defend against an assault family violence charge in Texas. However, the specific defenses available to a defendant will depend on the circumstances of their case.
Some common defenses include:
- Self-defense or defense of others, where reasonable force was used to prevent an attack
- Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
- False allegations, where the victim has lied about what happened
- Accident, where the defendant unintentionally caused the injury
A conviction for assault family violence can have a long-lasting impact on many aspects of a defendant's personal life, including their personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a lawyer about any allegations.
Contact an Assault Family Violence Attorney in Comal, Hays or Guadalupe Today
If you've been charged with a assault family violence, you should speak to an experienced defense attorney at Law Offices of Darren Lee Umphrey, PLLC immediately. We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Fill out an online submission form or call us at 830-627-3123 or 512-686-5100 to schedule a Free Initial Consultation today.