The charge of Assault against a family member is generally handled more harshly than other types of Assault. The charge of Assault (bodily injury) to a family member is punishable by up to a year in jail and a fine of up to $4000. If a person has been convicted before for Assault on a family member, the punishment is up to 10 years in prison and a fine of up to $10,000.
TWO COMMON ISSUES IN FAMILY ASSAULT CASES
Magistrate’s Order of Emergency Protection
When a person is charged with assault on a family member, the Court will often order the accused family member to stay away from the alleged victim family member and to have no contact with them. This order is usually in place for 60 days. Violation of this order can lead to arrest and the revocation of bond on the original assault charge. A defendant must listen carefully to their Houston criminal defense lawyer about how to avoid trouble with this order.
Affidavits of Non-Prosecution
Complaining witnesses in family assault cases often want to approach the prosecutor after the case is filed and ask them to drop the charges. The witness is required to sign an affidavit (a sworn statement of facts). In some cases this will be successful, but these cases are rare. If the assault involved serious injury, or if the accused has a prior record of assault, it is least likely to be dismissed at the request of the alleged victim. Since legally the State is the victim of all criminal offenses, the desire of the complaining witness not to pursue the charge is not binding on the prosecutor. This sentiment is common in family assault cases, and the prosecutors are accustomed to pursuing these cases without the complainant's cooperation. In Harris County, Texas there are special prosecutors who handle cases where the complainant does not want to cooperate. These prosecutors are trained and practiced in arguing Assault cases when complaining witnesses do not cooperate.
It is very important for anyone accused of Assault to secure the skilled representation of an experienced Houston defense lawyer, like Jim Medley.
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