WHAT QUALIFIES AS DOMESTIC VIOLENCE?
Domestic violence assault is the act of causing bodily injury or threatening to cause bodily injury to a family member, such as a spouse or former spouse, a person you live with, a parent of a child you have in common, or someone with whom the accused has a romantic relationship. Technically, it doesn’t take much to be charged with simple assault in a domestic situation. If a weapon is used or if there is a serious injury to the victim, however, you can be charged with aggravated assault. If you have been charged with this type of violent crime in the Houston area, it is important to seek professional legal help.
Contact Jim Medley Defense Lawyer. today for a consultation about your case. Their attorneys are well versed in the laws pertaining to these offenses and in all aspects of successfully defending clients who are facing domestic violence charges.
AVOIDING THE PENALTIES OF A CONVICTION
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 $4,000. If a person has a prior conviction of assault on a family member, the punishment is up to 10 years in prison and a fine of up to $10,000. 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 suspected victim and 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.
Because of this, defendants must listen carefully to their criminal lawyer about how to avoid trouble with this order. Complaining witnesses in family assault cases often want 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 less likely to be dismissed at the request of the alleged victim. As the state is the victim of all criminal offenses under the law, 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, special prosecutors exist 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. Because of this, it is vital that you have a competent domestic violence defense attorney who has the knowledge and skills to provide an aggressive defense on your behalf.
CONSULT A HOUSTON CRIMINAL ATTORNEY
When you are facing an accusation of domestic violence, it is important to take action in the interest of your defense as soon as possible. Whether you have simply been accused or you are facing formal charges, it is important to enlist the help of a legal professional early on. In doing so, you may be able to more adequately defend yourself against the penalties of a conviction. By reaching out to Houston criminal law firm Jim Medley Defense Lawyer, you can rest assured that your case will be handled with the attention that it deserves.
The firm works tirelessly to investigate all aspects of every case that is brought to them, as they understand that a client’s future is on the line when they are facing a serious criminal charge. Don’t wait – contact Jim Medley Defense Lawyer today! Defending your freedom starts with the choices that you make, so take the first step toward building a solid defense by retaining the help of an experienced firm today. Call them today or submit a free case evaluation form online.