Texas takes family member assault seriously, with potentially harsh punishments imposed upon conviction. If you have been arrested for family member assault, working with a Galveston family member assault lawyer is a smart choice for your future.
Our criminal defense attorneys serving Galveston believe that everyone has a right to a strong defense. We are fierce advocates who fight for the best possible outcomes for our clients.
Family Member Assault Laws and Punishments in Galveston
Per Texas Penal Code § 22.01, police may arrest you for assault against a family member if you “intentionally, knowingly, or recklessly” act in a threatening manner and the accuser felt they were going to be harmed, or if you physically injured a family member with or without a deadly weapon, such as a gun or knife.
Even initiating contact with a family member that they feel is provocative or offensive can be considered assault.
If you are convicted, the punishments you may face for different types of family member assault member include:
Class C Misdemeanor
If the accuser has no bodily injuries from the incident, you may be charged with a Class C misdemeanor, which carries up to a $500 fine.
Class a Misdemeanor
If the accuser has physical injuries from the incident, or if they are elderly or disabled, you may be charged with a Class A misdemeanor, which carries up to a $4,000 fine and/or up to one year in jail.
Third-Degree Felony
If the accuser experienced attempted suffocation or strangulation during the incident, or if this is the second time you have been arrested or convicted of a family member assault in a 12-month period, you may be charged with a third-degree felony. Conviction carries a penalty of up to $10,000 in fines and two to 10 years in prison.
Second-Degree Felony
If a deadly weapon was present during the incident, but no serious harm was inflicted on the accuser, you may be charged with a second-degree felony. A conviction would result in up to $10,000 in fines and two to 20 years in prison.
First-Degree Felony
If a deadly weapon was used during the incident and the accuser experienced a serious injury, you may be charged with a first-degree felony. Conviction carries a penalty of up to $10,000 in fines and five to 99 years in prison.
Additional Punishments
If convicted, you may not be allowed to possess a firearm for an extended period. If you eventually regain the right to own a gun, limitations may be associated with that ownership.
Sometimes the court may issue a protective order that prohibits you from being near the accuser for a set amount of time.
You may be required to attend an anger management course or something similar and perform community service for a set amount of time. These requirements may be imposed instead of a jail sentence or after your release.
If you are convicted, our assault attorneys serving Galveston will fight to get your sentence reduced or suspended.
How Our Galveston Assault Attorneys Help You
It’s not unusual for the accused and the accuser to be the only people present during an alleged assault. Our family member assault attorneys serving Galveston will investigate the accuser’s history and interview friends, family, and coworkers to unearth evidence that might indicate the accuser’s word cannot be trusted.
After we thoroughly investigate the incident, including reviewing the police procedures and interviewing involved parties, we will attempt to negotiate with the prosecutor to have the charges dropped, or even better, have the case dismissed.
If neither option is available, your Galveston family member assault lawyer may negotiate for reduced charges, although that typically involves a plea bargain. This means you would have to plead guilty to reduced charges and potentially accept the punishment that comes with those charges. If the prosecutor is unwilling to negotiate, we will present your defense in court and fight for your rights and freedom.
Ways Your Case May Be Resolved
There are numerous potential resolutions to a family member assault case in Galveston. Each case is unique, but when we’re talking about possibilities, the answer to your case may be found here:
- Incarceration and payment of fines
- Deferred adjudication, which means you may serve time on probation but will not have a conviction on your record
- Acquittal, which means you’re free to go because the judge or jury found you not guilty of the crime with which you were charged
- Dismissal of the case by the prosecutor and/or the judge
- Dropping of charges by the prosecutor, which means your case is done for now, but if the prosecutor finds evidence to build a stronger case, you may face the charges in the future
Blass Law
Attorney Jay Blass Cohen, a born-and-bred Texan, established his law firm in 2009 with the firm conviction that fighting for the accused was his life’s mission as an attorney.
When you come to us, our Galveston family member assault law firm will become your second family as we work all aspects of your case, including:
- Always being present to advise you and speak for you when you must answer questions or make decisions concerning your case
- Breaking down the prosecutor’s case and available evidence to find any weak links
- Negotiating for charges to be dropped or the case dismissed
- Presenting plea deals to you and explaining what they would mean for your immediate and long-term future
- Conducting an investigation concurrent to the prosecutor’s
- Interpreting legal jargon for you and always keeping you in the loop as your case progresses
Call Us Today for a Confidential Consultation
Our Galveston, Texas assault attorneys are ready to help you through this incredibly challenging time. We understand that being arrested and charged with a crime is a difficult experience. We are on your side, and we will remain there, fighting for your rights and the absolute best outcome for you.
We all need help now and then. Contact us now. Let us help you.