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What To Do When You are Arrested for Domestic Violence, Assault FV

Hello. I'm Jason English. I'm a former prosecutor who represents good people facing criminal and drunk driving charges in Texas, and I want to talk to you today about assault family violence or domestic violence cases. We're going to cover number one, what is an assault family violence, or domestic violence, and two, how are these cases treated differently?

What is an Assault Family Violence or Domestic Violence Case in Texas?

The most common assault family violence or domestic violence cases are typically Class A misdemeanors, but they're different because the victim is either going to be someone that you're in a dating relationship or they're somebody that you live with. They're a member of your same household.

You know, they're most commonly going to be a Class A misdemeanor where the allegation is called bodily injury, which is just a fancy way to say pain. So, if someone says that they were hurt, that's what we're talking about a Class A misdemeanor assault family violence, and these misdemeanors, they're treated differently because if you have a previous assault family violence case that you were either convicted on or entered a plea to, then it's going to enhance that misdemeanor up to a felony. And they're also treated differently as if you have two of these that are allegedly committed within twelve months. So, we're talking about if we have two pending assault family violence cases that are not taken care of within twelve months, then they're also going be enhanced to a felony.  Also, if you enter a plea or you're convicted on one of these, you're never going to be able to own a firearm, possess a gun, or even ammunition.

How are Assault Family Violence or Domestic Violence Cases Treated Differently in Texas?

When the police respond and the allegation is assault family violence case, somebody is going to get arrested no matter what the investigation is going to show. That's just what happens. You know, the other thing, too, is the police they can get what's called an emergency protective order, even if the victim doesn't want it, and they can kick you out of your house. You're going to have to go find a different place to live and they're going to limit and put conditions on your ability to talk to the victim. You know, the other thing is that people often think, “Well, I don't have anything to worry about because hey, the victim, they're not wanting to press charges. They're going to go drop the charges.”

Victim Can't Just Drop the Charges Against You in Texas Assault Family Violence or Domestic Violence Cases.

Well, it's not up to the victim. It's the state of Texas versus you. The prosecutor is the one that has that ultimate charging decision. Yeah, they'll listen to the victim, but it's their decision. If you're facing a domestic violence charge, it's a serious situation. It can affect your life for the rest of your life.

If You Have Been Unfairly Accused or Have A lot to Lose of Assault Family Violence or Domestic Violence

But just because you're arrested doesn't mean that you're guilty, but it does mean that you need to build a good, solid defense. Give us a call at 512-454-7548 now if you've been unfairly accused or you have a lot to lose.

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