Texas takes domestic violence charges seriously. Even if you have a “clean” criminal record, if convicted, 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 secured many “not guilty” verdicts, even when the odds were stacked against our clients. Our Houston assault on family member lawyer, Attorney 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.
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 that lives in your household, like an in-law, roommate, romantic partner, or even a past romantic partner.
There are many moving parts involved with these cases and three elements of assault that could pertain to your situation. Texas Penal Code § 71.004 defines family violence as:
- When a person intentionally, knowingly, or recklessly causes bodily injury to another
- When a person intentionally or knowingly threatens another with imminent bodily injury
- Ongoing abuse
- Dating violence (whether or not you share a household with that person)
Family violence can still be filed in cases of self-defense. If you were protecting yourself or a loved one against a perpetrator, this could serve as a valid argument supporting the affirmative defense of self-defense.
For a legal consultation with a family member assault lawyer serving Houston, call 713-225-1900
We Will Pursue the Following Outcomes for Your Assault 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.
An assault on a family member lawyer in Houston will review your situation and fight for one of the following outcomes:
We Will Pursue a Dismissal
Here’s a case we previously handled. Our client was charged with a felony. 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.
We Will Fight to Have Your Case Dismissed
There is no difference between having your case dropped and having your case dismissed, one is the legal term, and the other is slang:
- 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 it 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 uproot your entire life. 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 BIPP
- Citing your criminal history and the lack of previous offenses
- Asserting that the evidence against you does not merit a felony charge but suits another one better
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.
The Judge and Jury Render a “Not Guilty” Verdict
Just because your case wasn’t dropped or dismissed doesn’t mean that you’re guilty. We have many years of experience successfully trying cases to verdict.
In one case we handled, our client was charged with assaulting a family member. When police arrived there was blood on the ground and on the complaining witness. This was also the second time they were accused of this crime.
We managed to secure a “not guilty” verdict for our client. Now, our assault on family member lawyers serving Houston are determined to do the same for you.
Houston Family Member Assault Attorney 713-225-1900
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 criminal offenses to remain members. If you hold a prominent position in Houston, such as an educator, engineer, nurse, lawyer, or doctor, you could find yourself without employment.
Harm to Your Personal Relationships
A family member assault conviction can also harm your personal relationships. You may find that family members, friends, and colleagues will begin to ostracize you, for example.
Difficulty Getting Accepted Into Academic Programs
After a family member assault conviction, you may also experience difficulty getting accepted into certain academic institutions. This could interrupt your ability to enter a new career, for example.
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. 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 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 possessing a controlled substance. These convictions each come with their own sentences.
Without understanding your legal rights, you could spend a good portion of your life in prison.
Click to contact our Assault Attorney in Houston, TX today
We Can Use These Strategies in Your Family Member Assault Defense
After reviewing the facts of your Houston assault family member 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.
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 that you had to respond accordingly.
Complete a Family Member Assault Case Evaluation form now
Our Family Member Assault Attorneys Offer Personalized Legal Care
When you bring your case to our law firm, we will give it the personalized attention it deserves. We will never apply a standardized approach to your case. Instead, we will tailor a legal strategy to suit your particular situation. We will also keep you updated on any progress in your case and make ourselves available to answer any questions.
An Assault on Family Member Lawyer in Houston 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.
The Harris County District Attorney’s Office also lists resources for assault victims. You are not alone. If you are the victim of an assault or the justice system, you have options.
Call or text 713-225-1900 or complete a Case Evaluation form