Family Violence

Understanding the Realities of the Criminal Justice System

As your lawyer, my job is to do my best to develop a strong defense to prove your innocence. As your lawyer my job is to do my best to win your case by proving your innocence.

When someone calls 911 during a domestic disturbance and police arrive at the home, quite often somebody is going to jail. The husband and wife may each make accusations against the other and both may show physical signs of their conflict. However, it is typically the husband who is sent to jail, even when he may have just been defending himself.

Family Violence

Many district attorneys in Texas have changed their philosophy towards family violence cases. It used to be fairly easy for an attorney to get these cases dismissed if the wife or partner changed their mind and wanted to drop charges. Now district attorneys will prosecute these cases zealously, even if the wife or partner no longer wants to have the case prosecuted. I thoroughly investigate the relationships between of the parties and interview witnesses in an effort to develop a strong defense.

Family Violence may be charged as a misdemeanor or as a felony depending on the specific allegations. It is important to know that the complainant does not have to be an actual family member for you to be charged with Family Violence. Under the statute, you can be charged with Family Violence if the alleged assault was committed against someone you dated, someone in your family, or someone in your household.

Assault Allegations

You may be accused of family violence assault by causing bodily injury or by simply threatening to commit bodily injury. “Bodily injury” can be something as simple as pain. This is probably the most common Family Violence charge.

If you are accused of inflicting or threatening to inflict bodily injury as described, then you will face a Class A misdemeanor charge. This charge carries with it a punishment range of up to 1 year in the county jail and a fine of up to $4,000.

Even misdemeanor Family Violence charges must be taken very seriously. There are long-term negative collateral consequences that come from a conviction for Misdemeanor Family Violence Assault. Quite often a conviction for this offense can cost a person their job.

With A Prior Family Violence Conviction

If you are charged with a family violence assault, and you have a prior family violence conviction, the potential punishment is more severe.

If you have a prior conviction for family violence, your new charge is punishable as a third degree felony. A third degree felony is punishable by 2 to 10 years in prison and a maximum fine of $10,000.

A person charged with a family violence assault who has a prior conviction faces a much tougher fight. If you find yourself in this position, do not give up. Many people have been falsely accused of a second family violence case. There are lots of different motivations for complainants to fabricate allegations in these situations.

With An Allegation Of Suffocation

If you are charged with a family violence assault, and you are charged with choking the complainant, the potential punishment is more severe.

If you have a charge with family violence by choking, your charge will be punishable as a third degree felony. A third degree felony is punishable by 2 to 10 years in prison and a maximum fine of $10,000.

A person charged with a family violence assault by choking faces a tough fight.

As in other family violence cases, If you find yourself in this position, do not give up. Many people have been falsely accused of family violence by choking. There are lots of different motivations for complainants to fabricate such allegations.

Continuous Violence Against Family

If it’s alleged that you committed two or more acts of family violence in a 12 month period, you may be charged with the offense of Continuous Violence Against Against the Family under Texas Penal Code ยง 25.11

If you have a charge with Continuous Violence Against the Family, your charge will be punishable as a third degree felony. A third degree felony is punishable by 2 to 10 years in prison and a maximum fine of $10,000.

A person charged with Continuous Violence Against the Family will face a tough fight. The District Attorney’s Office often views those charged with such offenses as posing a continuing threat to their family members.

As in other family violence cases, If you find yourself in this position, do not give up. Many people have been falsely accused of Continuous Violence Against the Family. There are lots of different motivations for complainants to fabricate such allegations. A complainant who will make up one false allegation may be just as likely to make up multiple false allegations.

My job is to do my best to defend my client no matter what charge has been leveled against them.