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Can My Wife Drop Charges In My Assault Case

January 09, 2023

Can My Spouse Drop Charges In My Assault Case?

It’s often thought that fights between couples are family matters, and family ought to be able to resolve it. Unfortunately, in Texas, if you are arrested and charged with Assault of a Family Member because of an altercation with your wife, girlfriend, boyfriend, sibling or other family member the State will be very much involved in your family business.

The State of Texas files Assault charges, not your family member. Therefore, it is only the State that can dismiss the charge. A wife can decide that her husband is not a threat and merely acted out in a rare drunken incident and ask that the prosecutor dismiss the charge, but this rarely convinces the prosecution. A girlfriend can say she simply lied to the police, and the prosecution may not believe her.

This is not to say that your criminal defense attorney cannot get your charges dismissed. My standing policy is to avoid pleading Assault cases when it involves a family member because of the effect any guilty plea has on my client’s record, employment, divorce and immigration status. Even a deferred adjudication for an Assault will stay on your criminal history forever, so long as the judgment contains an affirmative finding of family violence.


To schedule a free consultation to ask questions about your assault or domestic violence charges, call me today at 713-222-9141

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"Ed Chernoff is truly an amazing lawyer and person. He was able to get my felony charge DISMISSED by the Grand Jury in only 2 weeks! Thank you Mr. Chernoff for being the very best you could be and for helping so many others like me. You are a blessing."
- Reggie Kerr

"Mr. Chernoff was adamant about not having me plead guilty to my case and was able to completely wipe my record of the incident. Ed was very prompt, professional, and excellent at explaining where we were in the process and what to expect. I highly recommend him. He is an excellent lawyer."
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