At LeGrande Law we understand that we are all human, and whether the accusations are false, exaggerated or its just a messy situation, attorney Tristan LeGrande will defend your rights in court, and present your case at trial if necessary.
The In-Justice System – Many are WRONGFULLY ACCUSED of Assault Family Violence
If you are charged with domestic violence related offenses you need an attorney to scrutinize all of the facts of the case and help you determine what is your best course of action.
Sometimes one spouse has made allegations of abuse to get back at their spouse, or even to gain some kind of advantage in a divorce or child custody matter. Allegations of Domestic assault or family violence can have serious consequences, and are often handled by the police without any significant investigation. An arrest may be made without any substantive inquiry into what has transpired.
LeGrande Law Can Help Fight your Case
Domestic violence, or family violence as it is referred to here in Texas, falls under the Penal Code provisions relating to assault, with certain code sections specifically concerning assault or threatened assault on someone where there is a special relationship (either they live with you, are a member of your family, or they are a spouse/girlfriend/domestic partner).
Texas Penal Code Sec. 22.01. ASSAULT.
(a) A person commits an offense if the person:
- intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
- intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
An offense under Section 22.01(a) is a Class A Misdemeanor (unless it fits one of the special provisions under the code listed below describing when an assault becomes a felony).
An offense under Section 22.01(b) or 22.01(c) is a class C Misdemeanor. For special situations, however, the charges
are more serious.
An committed under Subsection (a)(3) – by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
Domestic Violence, Domestic Assault, and Family Violence cases require very fact specific analysis. Preparing your defense against an assault charge is crucial. Witness testimony, physical evidence and your prior history will be important considerations in your case. You need a strong defense attorney that will investigate the facts and evidence thoroughly and will represent you in a zealous way if your case does proceed to trial.
Domestic violence in Texas is defined as physical or threatened violence or threatened in one of the following relationships:
- Married couples (also known as spousal abuse)
- Cohabiting couples
- Two people with child or children in common
- Two people in a relationship (or previous relationship)
- Persons who were formerly married to one another
Domestic violence can be an allegation someone is controlling another, including:
- Battery, assault or sexual assault
- Domestic abuse
- Spousal abuse
- Child abuse
- Elder abuse
- Kidnapping
- False imprisonment
Why Probation for Assault Family Violence May be a Bad Idea
Felony Domestic or Family Violence
Texas Penal Code Sec. 22.01. ASSAULT.
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
An offense under Subsection (a)(1) is a third degree felony if the offense is committed against:
(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b) (Dating Violence), 71.003(Family Violence), or 71.005 (Persons living in the same household), Family Code, if:
(A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b) (Dating Violence), 71.003(Family Violence), or 71.005 (Persons living in the same household), Family Code; or
(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth;
(b-1) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if:
(1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b) (Dating Violence), 71.003(Family Violence), or 71.005 (Persons living in the same household), Family Code; and
(3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
There are serious consequences to being convicted of an assault family violence offense, even if you are not convicted. Under the Federal Firearms Act, a conviction for this type of offense means you are prohibited from owning firearms or ammunition. Under Federal law a conviction includes a guilty plea and being placed on deferred adjudication probation.
TRANSLATION: IF YOU TAKE DEFERRED ON A DOMESTIC VIOLENCE OFFENSE YOU ARE PROHIBITED FROM OWNING A FIREARM UNDER FEDERAL LAW AND MAY NOT PASS A BACKGROUND CHECK TO PURCHASE A FIREARM.
We will fight your Texas Assault Family Violence Case!
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Whether or not the alleged victim wants to press charges, the decision of whether to prosecute family violence or domestic assault cases rests with the prosecutor (with or without the cooperation of the alleged victim). In fact, a prosecutor can compel a reluctant spouse to testify in court in a family violence or domestic violence assault case. There are exceptions where the spouse may not be forced to testify. Even if the person is compelled by the prosecution to testify against their spouse, they must be placed under a subpoena to provide testimony with regard to the charge.
Dealing with criminal charges related to domestic violence and assault on a family are harshly prosecuted in the State of Texas due to terrorized nature of the alleged victims. If you are looking for a Houston criminal defense lawyer to defend your rights, and fight on your behalf, in the court of law, contact Tristan LeGrande as soon as possible.