Assault on a Family Member in Dallas, TX
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If you have been charged with a family violence offense, you need dedicated legal representation to protect yourself from the harsh consequences that come with a criminal conviction. Allegations of domestic violence can ruin your reputation and career, and a conviction can result in prison time, fines, and a criminal history that follows you around for the rest of your life.
An experienced criminal defense lawyer from the Law Office of Mike Howard can guide you through the process with compassion and integrity. We can protect your rights and ensure you receive due process. Contact us today for a confidential consultation.
How Can a Dallas Family Violence Defense Lawyer Help Me?
If you are facing criminal charges for family violence in Dallas, Texas, you need an experienced criminal defense lawyer on your side. The police and prosecution are actively building their case against you, and you need dedicated legal support to protect your rights.
Many police officers are trained to arrest someone whenever they receive a domestic call. This often happens even if the accuser doesn’t want to prosecute, when there’s no evidence besides someone’s word, or when both sides say nothing happened. While some accusations are legitimate signs of an abusive relationship and should be investigated, an assault family violence defense lawyer is crucial to ensuring your rights are respected.
A lawyer can help you navigate the process after a family assault arrest by:
- Explaining the criminal charges against you, the reasons for them, and the possible penalties if convicted
- Conducting an independent investigation to determine why the accusations were made
- Advocating for an early dismissal when possible
- Determining if there are insufficient grounds to support a prosecution
- Devising a personalized legal strategy based on the particular details of your case
- Negotiating for a reduction of charges, when possible
- Representing your legal interests in court, if you decide to go to trial
Your attorney can also pursue alternatives like charge reductions, dismissals, or mental health counseling. This could spare you from time behind bars, fines, and a life-altering conviction. Contact us today to discuss your case with a Dallas domestic violence defense lawyer.
What Is Family Violence?
As a specific domestic violence crime, assault family violence is covered under Section 22.01 of the Texas Penal Code. This states that a person commits family assault if they intentionally, knowingly, or recklessly cause bodily injury or threaten a family or household member with imminent bodily injury.
What Is a Family or Household Member?
A family violence charge can only result when there is a certain type of relationship between the alleged perpetrator and victim. These charges can apply to people who share various types of relationships, such as:
- Parents and children
- Married spouses
- Family members related by blood or marriage
- People involved in a current or former dating relationship
- Individuals who share a child in common
- Roommates
Aggravated Assault Family Violence
An aggravated assault family violence offense starts with assault. Assault is intentionally, knowingly, or recklessly causing bodily injury. What makes it aggravated is either the use or exhibition of a deadly weapon or causing serious bodily injury. If the aggravated assault is against a family or household member or someone you’re dating, courts label it family violence. Moreover, aggravated assault can also include intentionally or knowingly threatening imminent bodily injury. For example, pointing a gun at a family member could be aggravated assault family violence.
Assault Family Violence Impeding Breathing or Circulation
A related criminal offense is family violence impeding breathing or circulation. This offense involves intentionally, knowingly, or recklessly impeding the normal breath or circulation of blood of a family or household member by applying pressure to their throat or neck or by blocking their breathing through their nose or mouth.
Penalties for Family Violence
Assault against family members, and particularly domestic violence against children is punished harshly in Texas. The severity of the charges and the associated penalties for family violence in Dallas, TX, largely depends on the circumstances and any prior convictions for similar crimes.
Charges for assault family violence can range from a misdemeanor to a felony and may lead to collateral consequences. For instance, a first offense for assault family violence is generally a Class A misdemeanor, punishable by up to one year in jail and up to a $4,000 fine. Prior family assault convictions or cases involving serious injuries can enhance assault charges to a felony.
- Class A Misdemeanor Assault Family Violence– up to 365 days (1 year) in the county jail and up to a $4,000.00 fine.
- Third-Degree Felony Assault Family Violence– 2 to 10 years in state prison and up to a $10,000 fine.
- Second-Degree Felony Assault Family Violence– 2 to 20 years in state prison and up to a $10,000 fine.
- First-Degree Felony Domestic Assault– 5 to 99 years or up to life in state prison and up to a $10,000 fine.
- Affirmative Finding of Family Violence– the judge can make a finding that family violence occurred, which still carries serious and permanent consequences.
Aggravated Assault Family Violence Penalties
Generally, aggravated assault family violence is a second-degree felony. This is the case if it involved a deadly weapon or serious bodily injury. A second-degree felony carries between 2-20 years in prison and up to a $10,000 fine. However, when it involves both the use of a deadly weapon and causing serious bodily injury, the offense is a first-degree felony. A first-degree felony carries between 5-99 years or life in prison and up to a $10,000 fine.
Some crimes are eligible for probation. If you’re placed on probation for a domestic violence-related offense, you must follow all terms of probation. These may include restricted access to the alleged victim, required domestic violence counseling, completion of a batterer’s intervention counseling program, and more. If you violate the terms of your probation, it can be revoked, and you may be sent to jail.
Other Criminal Charges in Domestic Violence Cases
In addition to family violence charges, there may be other charges that you face based on the particular circumstances, such as interference with an emergency telephone call or violation of a protective order. For this reason, you need an experienced criminal defense lawyer who can defend you against all the charges you’re facing.
Consequences Beyond Jail Time
In addition to possible time behind bars, you can face other consequences, including:
- Losing custody of your children
- Losing your right to bear arms
- Immigration consequences, including removal and losing the ability to become a citizen in the future
- A damaged reputation
- A criminal record that affects your job and educational opportunities
A criminal conviction could also affect your relationship with others and your standing in the community.
Accused of Family Violence? Call Mike Howard
Unfortunately, many do not know how severe and unfair family violence assault cases can be until it’s too late. Many assume the state will surely see that the case is bad and not prosecute. Sadly, this is rarely the case. Many family violence allegations stem from rash police decisions or are motivated by anger, jealousy, and family disputes.
If you or a loved one is charged with assaulting a family member, your best option is to contact an experienced family violence defense attorney as quickly as possible. At the Law Office of Mike Howard, we focus on seeing the person, not the charges. Let us explain your situation and guide you toward the best possible resolution so you can put the situation behind you.
Our Promise to Every Client:
- A clear explanation of your case and your options.
- Your calls & messages will be answered within one business day.
- We’re always upfront about pricing.
- We’ll craft a unique defense.
- We know what works.
Get Your 30-Minute Case Evaluation
(214) 253-8676
See Our Results
- Assault Family Violence – Not Guilty
- Assault Family Violence – Dismissed
- Assault Family Violence – Dismissed
Please visit our criminal defense resource center for more information about your rights and the legal process regarding assault, family violence in Dallas, and other charges.
Legal Process Following Domestic Violence Accusations
After law enforcement receives a call regarding allegations of domestic violence, the process usually involves the following steps:
- Arrest – Police officers are trained to arrest the accused if they believe domestic violence has occurred. They might make an arrest even if the complainant says they just want the accused to be taken away for a while to get calm or that they don’t want to press charges. Once the crime is reported, it is up to the state to determine whether to pursue the criminal matter.
- Bond – A person accused of domestic violence will need to post bond before they can be released from jail through cash or surety. Surety means the accused or their family pays a percentage, usually 10% of the actual bond, to a bond company. If you are released on bond, the court will likely impose conditions on your release, such as not continuing to reside in a shared residence with the accuser or having any contact with them.
- Investigation – The prosecution may conduct an investigation to assess the strength of the evidence, particularly if the complaining witness is unwilling to cooperate. This may involve requesting surveillance or cell phone footage of the incident in question, interviewing potential witnesses, examining medical records, and reviewing other evidence.
- Pretrial – Your criminal defense lawyer may be able to advocate for your case to be rejected outright. If not, they can file motions, such as to suppress evidence or dismiss charges. They may also request discovery to obtain information about the prosecution’s evidence that it plans to use in your criminal case.
- Plea bargaining – While family violence cases are serious, the prosecutor’s office has limited resources, so it may want to reserve them for bigger cases, such as those involving more violent crimes or drug crimes. The prosecutor may offer a reduced charge or a more lenient sentence in exchange for a guilty plea. Your lawyer can advise you whether taking the offer is in your best interest or if you should proceed to trial.
- Trial – If the matter has not been resolved through a dismissal of the charges or a plea agreement, it proceeds to trial. After the prosecution presents its case and your lawyer affirms your defense, a judge or jury rules to find you guilty or not guilty.
An experienced criminal defense lawyer can guide you through each step of the criminal process.
Texas Restraining Orders
Texas courts can issue a protective order or restraining order in cases involving family violence. Restraining or protective orders can be temporary or long-term. These domestic restraining orders can impose strict requirements on the defendant, including:
- Not being allowed to have contact with the alleged victim
- Having to move out of a shared residence
- Having decisions about their child custody and visitation made
- Being required to surrender firearms
- Having movements restricted in places where the alleged victim might be
If you violate the terms of a restraining order, you can face separate criminal charges. A conviction can result in additional charges and penalties.
Family Violence FAQs
What if I’m Falsely Accused of Assault Family Violence?
Unfortunately, some people lie or exaggerate about family violence charges. They may be hoping to gain leverage in a divorce. They could simply have acted rashly in a heated argument. But just because you’re charged with family violence does not mean you’re guilty. A lawyer can uncover inconsistencies in the alleged victim’s story.
What if I Was Acting in Self-Defense?
Self-defense can be a legitimate defense strategy in a family violence case. However, it requires showing that you reasonably believed you were in imminent danger and used appropriate force. This is something you should discuss with your lawyer.
Do I Have to Move Out if I’m Charged with Family Violence?
In some scenarios, you may be forced to leave your home if you’re arrested for assault family violence. For instance, if a protective order is issued, it may require you to stay a certain distance away from the alleged victim. If you live with the victim, this could mean moving out, at least while the case is pending.
Can ‘Victims’ Drop the Family Violence Charges?
No. The state prosecutes cases, not victims. Once charges are filed, the alleged victim cannot simply have them dropped. However, your family violence defense lawyer can work with a cooperative complainant and advocate for a dismissal.
Can I Be Charged with Family Violence If There Were No Injuries?
Yes. Bodily injury only requires someone to say they felt pain, regardless of whether they have a bruise or mark. Threats can also amount to family violence. Harassment and stalking are examples of where you can be charged with a crime even without injuries.
Can I Get a Family Violence Charge Expunged from My Record?
Yes, it is possible to expunge a family violence charge from your record under certain circumstances. Generally, if you were acquitted of the charges, if the charges were dismissed, or if you completed a deferred adjudication program, you may be eligible for expungement. It’s important to consult with a lawyer who can help you navigate the specific legal requirements and ensure your petition is properly filed.
Possible Defenses to Family Violence Charges
While every case is unique, several defense strategies can prove effective if you’re charged with assaulting a family member. These may include the following:
Lack of Evidence
In some cases, police may have rushed to judgment, motivated by trying to help a domestic violence victim without understanding the full story. You may have been handcuffed, arrested, and taken to booking without any chance to explain your side of the story. If the prosecution does not have sufficient evidence to convict you, an experienced criminal defense attorney can argue for the charges against you to be dismissed.
The prosecution has the burden of establishing your guilt by proof beyond a reasonable doubt. This is the highest burden of proof in our justice system and can be a powerful defense when implemented by a skilled defense attorney in Dallas, TX. An experienced lawyer can argue for a dismissal when the evidence is weak, such as the absence of physical injuries or unreliable accounts from witnesses, or for unreliable evidence to be suppressed. These legal strategies may help weaken the prosecution’s case.
False Accusations
Unfortunately, false allegations of domestic violence are very common. A person may make up or exaggerate claims of domestic violence to gain leverage in a divorce or child custody case, or simply in the heat of the moment because they’re angry. A vengeful ex may try to lie to seek revenge or get even after a nasty breakup.
An experienced lawyer can conduct a thorough investigation into the criminal charges and examine the reasons why the alleged victim may have fabricated or exaggerated these claims. We may be able to find inconsistencies in the victim’s statement and subsequent statements or uncover evidence that disputes the accuser’s version of events.
Your criminal defense lawyer may be able to explain these motivations to the prosecutor to convince them to drop the charges or to question the alleged victim’s credibility at trial.
When the accuser has changed their mind and no longer wants to prosecute, an experienced criminal defense attorney can work with them to craft a detailed affidavit of nonprosecution and prepare them to advocate on your behalf when the prosecutor contacts them.
Self-Defense
If you were acting to protect yourself or others at the time of the alleged incident, you can raise a legal argument based on self-defense or defense of others. Evidence may help support your version of events, such as cell phone or video surveillance records, medical records, or communications from the other party. If the evidence shows that you were not the initial aggressor and acted to prevent injury, your attorney may be able to defend you against the charges.
Misunderstandings
Some domestic violence situations involve misunderstandings. For example, a heated argument that involved an accidental injury may be misinterpreted as intentional violence. Our domestic violence lawyers can speak with you to better understand the entire situation, clarify what happened, and present these details in a convincing manner.
By utilizing these defenses and other tactics, your defense lawyer may be able to secure you a reduction, dismissal, or get you a not guilty verdict.
Common Mistakes in Family Violence Cases
Facing family violence charges is intimidating. You are confronting the full weight and power of the government. Reasonably, you’re facing a confusing time filled with anxiety and trepidation.
For these reasons, many people accused of domestic violence make mistakes that damage their defense, such as:
Talking to Police Without Legal Representation
While it’s understandable that you want to tell your side of the story and clear things up, don’t talk to police without legal counsel present. Police are interested in buttoning up their case, not in proving your innocence. They can take things that you say and twist them around to make you look guilty.
It is true that anything you say can be used against you. Rather than talking to police, politely decline to answer questions and request a lawyer. After meeting with you, your lawyer can advise you whether it’s best to talk to the police or remain silent.
Not Hiring a Lawyer Immediately
Failing to hire a lawyer promptly can harm your case. You might miss opportunities to convince the prosecution to reject the case outright or convince the grand jury to dismiss an allegation.
The sooner you hire a lawyer, the sooner they can begin mounting a defense on your behalf. They can also secure evidence before it is lost or destroyed. Navigating the legal framework involved in domestic violence cases can be challenging, but an experienced criminal defense lawyer can help.
Not Understanding Your Rights
You have certain fundamental rights that arise when you are confronted with the criminal justice system, including your right to be free from unreasonable searches and self-incrimination and your right to hire a lawyer, and due process. An experienced lawyer can discuss these rights with you.
Not Understanding the Stakes Involved
If you’re facing misdemeanor charges, you might not think it’s a big deal. However, you might not be considering the immigration and collateral consequences.
Working with a seasoned attorney can help you avoid these common mistakes.
Contact Us for a Confidential Case Evaluation
If you’re facing accusations of domestic violence or have been charged with a related crime, you need an experienced Dallas criminal defense attorney to protect your rights during this pivotal time. The Texas attorneys from The Law Office of Mike Howard have successfully secured more than 120 case dismissals since 2020. We have over 20 years of legal experience you can rely on. Contact us today for a 30-minute case evaluation.
Get Your 30-Minute Case Evaluation
(214) 253-8676
Located in the Element Towers West Building at 3010 LBJ Freeway, Dallas, Texas, attorney Mike Howard handles criminal cases across Dallas, Collin, Denton, and Tarrant Counties at the state level and in the Northern and Eastern Districts at the federal level.
