Texas takes domestic violence charges seriously. Even if you have a “clean” criminal record, you could face fines, restraining orders, and jail time. Depending on the nature of your alleged offense, you could face a misdemeanor or felony charge. Blass Law has a history of securing “not guilty” verdicts, even when the odds were stacked against our clients.
Our Houston assault lawyer, Jay Blass Cohen, will handle your case with the sensitivity and tact it deserves. After reviewing your case, we will craft a strategy designed to protect your relationships and your future. Call us today to get started protecting your freedom and future.
What Defines “Family Violence”?
Here’s the thing. Family violence doesn’t just pertain to those in your immediate family. It can also extend to anyone who lives (or used to live) in your household.
There are many moving parts involved with these cases and elements of assault that could pertain to your situation. Texas law, Sec. 71.004, defines family violence as:
- When a person intentionally, knowingly, or recklessly causes bodily injury to another person who lives in their household or intentionally or knowingly threatens another with imminent bodily injury
- Ongoing abuse
- Dating violence (whether or not you live with that person)
Family violence can still be filed in cases of self-defense. If you caused or threatened bodily injury while protecting yourself or a loved one against a perpetrator, this could serve as a valid argument supporting the affirmative defense of self-defense. Our experienced team of Houston criminal defense lawyer will use every tool at our disposal to ensure a positive outcome for your case.
What Are the Types of Family Violence With Which You Can Be Charged in Houston?
Depending on your situation, you could be charged with:
- Domestic Assault: This can occur if the police or prosecution allege you caused or threatened bodily injury to a family member or someone in your household.
- Aggravated Domestic Assault: This can occur if the police or prosecution allege you caused or threatened serious bodily injury to a family or household member by use of a weapon, such as a gun, knife, or baseball bat.
- Continuous Violence Against the Family: This can occur if a household or family member accuses you of domestic assault two or more times in a single year.
Who does Texas Law Consider a “Family Member”?
As we stated above, family violence doesn’t just apply to blood relatives. It applies to anyone in your family, anyone in your household, and anyone you have or had a romantic relationship with. This means you could face family violence charges if you are accused of causing or threatening bodily injury to any of the following:
- Spouse or ex-spouse
- Partner or ex-partner
- A co-parent
- Your children (blood or adopted)
- Children your family is fostering
- Brothers and sisters, aunts and uncles, parents and grandparents
- Anyone living in your house, regardless of whether or not they are related to you or dating you (e.g., a roommate)
We Will Pursue the Following Outcomes for Your Assault on a Family Member Case
We know that assault cases don’t exist in a vacuum. Underlying circumstances may have contributed to the charge, like volatile relationships, previous offenses, and precarious situations.
A Houston family member assault lawyer will review your situation and aim for one of the following outcomes:
We Will Pursue a Dismissal
We have a history of getting cases dismissed. Here’s a case we previously handled. Our client was charged with felony assault on a family member. They were accused of grabbing a family member by the neck, choking them, then throwing them to the ground. After reviewing our client’s case and presenting it to the state, we secured a dismissal in a Harris County court.
Depending on what evidence we can find and the case we can build:
- The court may dismiss your case upon motion made by the state after charges are filed.
- The prosecution can file a dismissal in your case for any reason at all. Usually, cases are dismissed when the state doesn’t think they can win at trial.
To have your case dropped, we will review the evidence against you. If there are contradictions in witnesses’ testimony, facts that don’t add up, or other inconsistencies, we put all of that together in a pretty package to try and get the state to dismiss your case.
We Can Pursue a Reduction in the Charges Against You
Sometimes, a situation gets the best of us, and we don’t act appropriately. At Blass Law, we don’t think one error should ruin your entire life with years of jail or prison time and other harsh penalties. We will work to get the charges you face reduced. For example, if you’re facing felony charges with lots of facts that aren’t in our favor, we can persuade the DA to agree to reduce the offense to a misdemeanor.
Ways we can do this include:
- Showing that you’ve taken some sort of step to help the situation, like anger management courses or the Battering Intervention and Protection Program (BIPP)
- Citing your criminal history and the lack of previous offenses
- Asserting that the evidence against you does not merit a felony charge but rather a misdemeanor
You might think that a “guilty” verdict is bad in any capacity. However, a reduced charge can mean the difference between a few months and a few decades in prison.
We Fight for a “Not Guilty” Verdict in Court
Just because your case wasn’t dropped or dismissed doesn’t mean that you’re guilty. We have many years of experience obtaining “not guilty” verdicts.
Now, our family member assault lawyer in Houston is determined to do the same for you.
What Are the Penalties for an Assault Charge in Texas?
If convicted, you could face:
Harm to Your Professional Reputation
Many professional organizations do not allow people convicted of violent criminal offenses to remain members. If you hold a prominent position in Houston, such as an educator, lawyer, or doctor, you could find yourself without employment.
Losing Custody of Your Children
Texas law seeks to make decisions in the best interest of the child. You could be at a disadvantage when retaining or seeking custody of your children if convicted of assault on a family member. This could be true even if they want to remain with you.
Fines and Jail Time
According to Texas Penal Code Chapter 12, you could face the following if convicted:
- A first-degree felony, which can result in no less than five years (and up to 99) in prison and a $10,000 fine
- A second-degree felony, which can result in anywhere from two to 20 years in prison and a fine of up to $10,000
- A third-degree felony, which can result in anywhere from two to 10 years in prison and a fine of up to $10,000
- A Class A misdemeanor, resulting in a fine of no more than $4,000 and up to a year in jail
These are just baseline consequences. For instance, suppose you were charged with assaulting a family member, resisting arrest, and possession of a controlled substance. These convictions each come with their own sentences.
If you fail to understand your legal rights or trust your case to a lawyer without the necessary experience, you could spend a good portion of your life in prison.
You will likely also face social consequences. You may lose friends and family, be unable to work or go to school where you want, and be ostracized in your community. Don’t leave your future up to chance; call Jay Blass Cohen today to get started on your defense.
Our Team Will Protect Your Freedom and Your Future
Family member assault charges can ruin your life. But our team is here to defend you against all accusations and strive for the best possible outcome.
Jay Blass Cohen is a Houston native who truly cares about his community. But beyond that, he’s a lawyer staunchly dedicated to Keeping Innocent People Innocent. Jay and the Blass Law team will use his background as a Lawyer-Scientist to investigate your situation and determine the best course of action.
Don’t leave your future up to chance; hire Jay today.
We Can Use These Strategies in Your Defense
After reviewing the facts of your Houston family member assault case, your assault lawyer in Houston may use one or more of the following defenses on your behalf:
The Alleged Victim Falsely Accused You
Sometimes, relationships reach a boiling point, whether you’re in an unhappy relationship or fighting for custody. In these tense situations, someone in your household may accuse you of a crime to leverage power over you.
We can examine your case’s evidence, interview neighbors or other witnesses, and implement other measures to prove the allegations are false.
You didn’t Commit the Crime
We can assert in court that you simply did not commit the crime. Whether the other party misconstrued a situation or mistook you for someone else, we can use this fact to your benefit.
Law Enforcement Violated Your Rights or Made an Error During Their Investigation
We will investigate your arrest and the subsequent investigation to determine whether the Houston Police Department made any errors that we can use in our favor. This may include illegal search, failing to read you your Miranda rights, questioning you after you have asked for a lawyer, or failing to gather evidence that could have exonerated you.
You Acted in Self-Defense
You have every right to protect yourself in situations where you’re threatened. Here, we can establish that the other party was the first aggressor, and you had to respond accordingly. This can also apply if you were defending someone else.
The Contact Was Accidental
If you caused bodily injury but didn’t mean to, we can use this in your case. We can establish that any physical contact you made was unintentional.
Is My Case Dismissed if the Alleged Victim Wants to Drop the Charges?
You may think that all is well if the alleged victim wants to recant what they said or drop the charges. That’s not the case. The victim doesn’t decide to press or drop charges; the prosecution does. So even if the alleged victim takes back what they said or admits they were lying, you can still face charges.
If the alleged victim wants to drop the charges, it could help your case, but you can still face assault charges.
What Happens if There Is a Protective Order Against Me?
In many cases, a victim of domestic or family violence will get a protective order against the alleged abuser. If this happened in your case, you will likely need to move out of your house. You may be totally unable to see your family or your children until the protective order runs out. You will also need to give up any firearms you have.
What Happens if I Violate an Order of Protection in Texas?
If you violate the order, you could be arrested and face misdemeanor charges. If you violate the order several times, you could face felony charges. You could be sent to jail or prison for a protective order violation.
Depending on the situation, you could face additional charges, such as unlawful carrying of a weapon. It also looks bad for your current case; you won’t get any brownie points with the judge or jury if you violate the order protecting the person you allegedly abused.
It’s very important that you don’t violate the protective order and talk with the alleged victim, even if they contact you. You can still violate a protective order even if the alleged victim is the one to initiate contact. If the alleged victim contacts you, ignore them and call your Houston family member assault lawyer. We can help you determine what steps to take next.
A Houston Family Member Assault Attorney Is Ready to Help You
Attorney Jay Cohen can review your case. We can help with all types of family-related assault cases. Many people get charged with assault during the holidays, for instance.
Call today to learn more.