If you were arrested and charged with domestic violence, a Humble assault lawyer with Blass Law can aggressively seek the best possible outcome for you and protect your rights. A better outcome could be convincing the prosecutor to dismiss the charges, negotiating a plea to lower charges, or taking the case to trial and winning a not-guilty verdict.
There are no guarantees in court cases, but we do promise to work tirelessly on your case. We can devise a defense strategy, perform an investigation, and pursue minimal consequences of a family member assault conviction or avoid a conviction. You can talk to our assault lawyer serving Humble, Texas, as soon as possible. The sooner you contact Blass Law to represent you, the sooner our criminal defense can start working on your case.
What the Prosecutor Must Prove to Get an Assault Conviction
Texas Penal Code Section 22.01 is the statute that specifies the elements of assault. To get a conviction of assault, the prosecutor must present evidence in court that you committed all the elements of at least one of these three actions:
- Physically harmed another person intentionally, knowingly, or recklessly, including injuring your spouse; OR
- Intentionally or knowingly threatening another person with imminent bodily harm. This action can include threats to your spouse; OR
- Causing intentional or knowing physical contact with another person that was offensive or provocative, and that you must have known or should have reasonably believed the person would find the contact provocative or offensive.
It takes time to conduct a thorough investigation and build your defense against family violence charges. Our Humble criminal defense lawyer can talk to you right away and start collecting evidence that proves your side of the story.
The Family Violence Statute in Texas
Family violence charges could get filed if there is an accusation of any one of these three actions under Texas Penal Code Chapter 71:
- Abuse toward a child of the family or household by someone who is a member of the family or household.
- “An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.”
- Dating violence as codified in Texas Code Chapter Section 71.0021.
For purposes of the offense of family violence, “family” refers to:
- Individuals related to each other by blood or marriage
- Former spouses
- Parents who have a child together, regardless of whether they ever married
- A foster child to a foster parent
- Individuals with a current or former dating relationship
- People who are or have been members of the same household
Living together at the time of the alleged offense is not a requirement.
If you are facing family violence charges, an assault law firm in Humble, Texas, could help protect your legal rights and fight for you.
What the Sentence for a Conviction of Family Violence Could Include in Humble, Texas
Texas Penal Code Chapter 12 contains the penalties for an assault conviction involving a family member.
- A person convicted of a Class A misdemeanor could get sentenced to up to one year in jail and a fine of up to $4,000.
- A person convicted of a third-degree felony could face penalties of between two and 10 years and a fine of up to $10,000.
- A person convicted of a second-degree felony could go to prison for between two and 20 years and get assessed a fine of up to $10,000.
- A person convicted of a first-degree felony will get incarcerated for at least five years and get fined $10,000.
These potential penalties do not include those for other charges that the accused could receive for things that happened during or after the arrest. People often face multiple criminal charges for one event.
Other Undesired Consequences of a Family Member Assault Conviction
If a person is convicted of family violence, they could experience additional harm to their lives besides going to jail or prison, paying thousands of dollars in fines, and having a criminal record. The examples below show the possible fallout from a conviction on these charges:
- A person convicted of an offense with an affirmative finding of family violence cannot own a firearm.
- Some licensing boards could revoke or suspend your professional license. You may not be able to work with children or vulnerable individuals, practice law or medicine, or work in the education field.
- Social stigma often comes with an assault on a family member conviction. It could be hard to live down the gossip that can come in this circumstance.
- Any time you might get a divorce or have a custody battle, even if they do not involve the same person from the criminal case, you will face an uphill battle. Family courts do not look kindly at people with a criminal record of assault on a family member.
These charges may not apply to you, but you should do what you can within the bounds of the law to fight a conviction. You can work to avoid the unfair assumption that “where there is smoke, there is fire.”
Jay Blass Can Help Your Humble Family Member Assault Case
You could hire any criminal defense lawyer to handle your family member assault charges in Humble, TX. But when attorney Jay Blass Cohen works on your case, he draws upon his unique professional background. Jay is a scientist, in addition to being an attorney, and he has certifications in forensic chromatography for alcohol and drugs. He also is an ACS-CHAL Forensic Lawyer-Scientist.
Accusations of family violence are often intertwined with situations in which at least one party used drugs or alcohol. Having an attorney who is a scientist with certifications in these areas could help your case. You can reach out to Jay at Blass Law today to get started.