Assault Family Violence

Assault (Family Violence)

Under Texas criminal law, Assault and Assault Family Violence are considered serious crimes which may result in heavy, life-altering penalties if convicted. Without the proper defense, you are vulnerable to the complexities of the legal system. Don't wait until it is too late to contact an experienced criminal defense attorney.

Assault is defined as an intentional act by one person to cause "bodily injury" to another. A Class A Misdemeanor Assault would carry up to one year in jail and up to a $4,000 fine if convicted. Aggravated Assault is the threat or cause of serious "bodily injury" or use of a deadly weapon in carrying out an assault. It is a second degree felony that can result in up to 20 years in prison and up to a $10,000 fine if convicted.

Assault Family Violence is a type of assault defined in Texas criminal law as the reckless infliction of pain on a family or household member. In addition to the common familial relationships, i.e. parents, grandparents, siblings, aunts, uncles, and cousins, "family" can also refer to two people who live together or who are dating. Even before an Assault Family Violence case is resolved, there are severe repercussions. Contrary to common misconception, the police, rather than the victim, files the charges, and only the prosecutor, not the victim, has the power to drop the charges. Additionally, once an arrest is made, an emergency protective order (EPO), which requires the arrested person to stay a certain distance from the alleged victim for a certain period of time, may be put into effect by the judge. The EPO remains in effect for 60 days for a misdemeanor assault and 90 days for a felony assault. This restriction will prevent the arrested person from returning home if they share the home with the alleged victim.

A first offense Assault Family Violence is a Class A Misdemeanor and is punishable by up to one year in jail (or up to two years probation) and a fine not to exceed $4,000. However, this type of crime can be enhanced with a subsequent offense. This means that if a person is convicted of Assault Family Violence, a second or subsequent family violence offense may be considered a third degree felony that is punishable by up to ten years in prison and a fine not to exceed $10,000. If convicted of Assault Family violence, a person can no longer possess a firearm. Finally, a conviction will result in a criminal record that will remain for the rest of a person's life as well as affect employment and residence opportunities.

If you have been arrested for this serious allegation, contact the Law Office of Mary Ann Espiritu as soon as possible. As an experienced criminal defense attorney, my first goal will be to try to get your case dismissed. If I am unable to have the charges against you dismissed, I will fight to reduce the offense level. I will look at all the facts of your case and consider possible justifications such as self-defense. I will keep you informed and treat you with respect throughout the process. I will remind you that you are presumed innocent until proven guilty.

Contact me immediately for a free initial consultation and case evaluation.

Call 512.777.1394. Email [email protected].