Assault in Texas
Many assault charges involve family members or conflicts in dating relationships. Emotions run high, things are said and done (often by both parties), the police are called, and from that point forward a conflict that might have been resolved in counseling becomes a criminal case.
The firm has many years of experience representing people charged with domestic violence, family assault, battery, or other assault charges. In fact, family assault is one of the major focus areas of our firm. According to Texas Penal Code, Title 5, Chapter 22, the definition of domestic violence is the intentional harm of a family member or one in a dating relationship. The laws governing family violence, often take it out of the realm of assault and battery. Those charged with assault will likely face a Class A misdemeanor. Charges and punishments will get more serious depending on the nature and extent of the incident.
The consequences of a assault conviction with an affirmative finding of family violence can be far-reaching. One thing that commonly accompanies an incident of family or domestic violence is a magistrates emergency protective order. If there is a history of violence or there have been verbal threats, a protective order may be granted. Violations of protective orders can be punishable by fines up to $4,000 or possibly up to one year in jail. Of course, a protective order can be filed unnecessarily, which is why we are prepared to defend you in court before the protective order becomes permanent.
Dealing with the Consequence of a Family Assault 911 Call
Because of numerous high-publicity trials involving wife-beating celebrities, there appears to be a zero tolerance policy toward family assault. A call to 911 sets a series of events in motion that are quickly outside of the control of the people engaged in the dispute. Because most people charged with domestic assault have seldom or never had a previous criminal charge, they don’t understand what will happen after a call is made to the police.
One of the common consequences of an assault charge is a temporary or permanent restraining order. A protective order will bar you from living in your home, from freely visiting your children, and from being in locations where you and your partner previously socialized. An assault conviction will be on your criminal record and can interfere with finding employment or getting security clear for a job, getting an apartment, and will prevent you from legally owning a gun or hunting rifle.
Protecting Your Rights
At Chernoff Law, we will thoroughly investigate and prepare your case for trial—and fight hard to protect your rights, your freedom, and your family. For sound advice and defense after an assault or domestic violence arrest, call us today.