Houston Assault Attorney
What Constitutes an Assault in Texas?
The misdemeanor version of this crime can loosely be described as the use of force to injure or make offensive contact toward another person.
What’s the Difference Between Simple Assault and Aggravated Assault?
The difference between crime classifications depends on the seriousness of the offense and a few other important factors.
- If the offense results in Serious Bodily Injury: i.e., causes bodily impairment or permanent disfigurement;
- If a Deadly Weapon was used to cause bodily injury or threaten death or serious bodily injury;
- If the offense occurred against a particular type of victim, such as a Family Member and involved choking, i.e. impeding breath;
Houston Aggravated Assault Attorney
If any of these factors are proven true, the severity and degree of the assault crime can be enhanced. This means you had better hire an experienced Houston Aggravated Assault Attorney to help you. An Aggravated Assault of a Deadly Weapon charge carries with it a punishment of 2 – 20 years in prison. In addition, parole is severely limited by a finding that a deadly weapon has been used.
Domestic Violence can turn into a felony Aggravated Assault of a Family Member
Many times a domestic violence incident being investigated by the police winds up being charged as an Aggravated Assault of a Family Member. This results when the police officer makes the determination that the alleged victim had been choked by her husband and boyfriend. This conclusion is often wrongly made and any touching of the chest and neck may be interpreted as a choking incident. This mistake is serious, as this felony charge carries with it the potential punishment of 2 – 10 years in prison.
If you have been arrested for these charges in Houston, Texas, it is vital to contact a experienced and effective Aggravated Assault Lawyer to defend your rights. The State of Texas punishes these crimes harshly.
Have You Been Issued a MOEP (Magistrates Order of Emergency Protection)?
Recently there has been great interest in the prosecution of Family Violence in the household. In Harris County, an entire division of the District Attorney’s office is authorized to prosecute domestic violence, spousal and family abuse. Often times, these prosecutions are overzealous, and result in a Magistrates Order of Emergency Protection, otherwise known as a MOEP. The effects of a MOEP are severe and intrusive. You will be forced out of the home and ordered to limit your communication with your loved one and children. Only the help of a good and experienced Family Assault Attorney can help you remove these restrictions.
Why Our Aggressive Defense Strategy Works to Help Save You from an Aggravated Assault of a Family Member Charge
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.
Because most people charged with Domestic Violence have seldom or never had a previous criminal charge, they don’t understand what will happen after a call is made to the police. A 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.
Many of these types of 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.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.
The firm has many years of experience representing people charged with domestic violence, family assault, battery, or other assault charges. Assault of a Family Member is one of the major focus areas of our firm.
We vigorously present our client’s defense. We insist that the prosecution prove its case. Because Ed Chernoff is a former prosecutor, he can anticipate the prosecution’s strategy and tactics. When the state’s evidence does not add up, he brings it to light. He rigorously cross-examines the state’s witnesses and points out inconsistencies, exaggerations and lies in their testimony.Our purpose is to establish a reasonable doubt requiring acquittal. He is quick to counter any prosecution and argue for a dismissal or acquittal.
If you were Charged with misdemeanor Assault or Aggravated Assault with bodily injury in Texas, you need an experienced lawyer on your side in court. The consequences for a conviction are much greater than you might think. Especially if the alleged victim is a family member. Ed Chernoff is the founding attorney of Chernoff Law, and he has over 30 years of experience as a defending people charged with a crime in the greater Houston area.
We urge you to contact Houston assault lawyer Ed Chernoff at Chernoff Law for a free confidential consultation.
MOEP & Family Violence
The consequences of a conviction with proof of family violence can be far-reaching. One thing that commonly accompanies an incident of family or domestic assault is a magistrate’s emergency protective order. If there is a history of violence or there have been verbal threats, a MOEP may be granted.
Violation of MOEP may Result in a Violation of a Protective Order Case
Violating a protective order is serious. If you find yourself in this position, you need to contact a defense attorney experienced with VOP cases. Violations of protective orders can be punishable by fines up to $4,000 or possibly up to one year in jail. Of course, a temporary emergency protective order can be filed unnecessarily without any proof, which is why we are prepared to defend you in court and have the charges dropped before the protective order becomes permanent.
Contact Domestic Violence Lawyer Ed Chernoff
You deserve the best legal representation to protect your freedom and reputation. At Chernoff Law, our defense lawyers for assault charges 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, aggravated assault, or assault with a deadly weapon arrest, call us today.