There are a range of assault charges in Texas, all of which can have a long-term, negative impact on your life. The most common charges are harassment, stalking, assault, aggravated assault, aggravated assault with a deadly weapon, deadly conduct and terroristic threat. It is essential that you get the right legal representation, find out where you stand with the law, and understand your rights. You need a lawyer who will vigorously tackle what appears to even be a cut-and-dried case.
In the heat of a domestic dispute, with emotions running high, it is common for one party to call the police. What this person may not realize is that in almost every case, the police will arrest someone, and not necessarily the guilty party. In such a tense situation, police tend to see their job as making an arrest and carting someone off to jail in order to stop the dispute. They don’t always take the time to carefully probe and interview the people involved. They can easily jump to the wrong conclusion and arrest a person in error. At times this is even the one who called the police in the first place. If this happens to you, you are in the middle of an assault-family violence course of events that is difficult to navigate and correct. You need a lawyer with experience and tenacity on your side.How the Case Proceeds
If the assault charges relate to family violence and it happened in Montgomery County, the case will be heard in downtown Conroe. For other assault charges, it depends on the level of the offense and the county.
If the event happened in Montgomery County, you will go to court quickly. The District Attorney and judges are fast tracking these cases in an effort to keep offenders off the street. That means you can be considered a dangerous person, even if the police conducted a sloppy investigation. You may have just one setting before your trial date. It is vital that you act quickly to protect your rights. However, choosing an attorney to provide you with the best representation is a decision that must be made carefully. Matthew J. Neufeld has extensive experience defending clients against all ranges of assault charges, and will fight aggressively for you.Assault
There are two types of assault charges identified under Texas law: intentionally, knowingly or recklessly causing bodily injury to another; intentionally or knowingly threatening another person with imminent bodily injury.Aggravated Assault
Aggravated assault in Texas is defined in Sec. 22.01, and involves serious bodily injury. This applies to anyone committing such an assault, even a spouse, or uses or even just shows a deadly weapon during the assault.Assault Family Violence
Domestic assault, aggravated domestic assault and continuous violence against the family are the three types of domestic violence crimes recognized by Texas courts. An act of violence is considered domestic violence when one family member commits it against another.Family Violence Attorney Information
At M. Neufeld Law we have decades of experience in assisting clients with assault/family violence cases. Here are some insights that you should consider about your case so that you may better aid your attorney.
First off, just what does it take to get and affirmative finding of family violence?
- Did an assault actually occur?
- Was the complainant or victim a member of your family or household?
- Does your case fit the definition of family violence?
The facts of a family violence case can be bad. It happens and it is what it is. Even the most calm and loving relationship can get ugly fast. Why? You live together and you know how to push each other’s buttons. But not all assault cases are family violence cases. In family violence cases, you must attack the affirmative finding of family violence. Don’t ignore this part of your family violence case. Were you in a dating relationship? Were you married? Tell your attorney. What may seem plain to you may not be apparent to others.
The Texas Family Code Section 71.003 states the family “includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.”
Texas defines a household as “a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.”
In Texas, “a ‘dating relationship’ means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such relationship shall be determined based on consideration of:
- The length of the relationship;
- The nature of the relationship; and
- The frequency and type of interaction between the persons involved in the relationship.
A casual acquaintanceship or ordinary fraternization in a business or social contact does not constitute and ‘dating relationship’ above.”
Texas defines family violence as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.”
The statement given to law enforcement is usually far from what really happened. Don't think for a minute that so-called victims are not "coached" as to what to say in their statement. At M. Neufeld Law you will be provided with the statement against you so that you know what has been alleged. Don't try and represent yourself, you have no idea what is in the state's file.
Don't limit your freedom in the future. If you are facing an assaultive charge and the state is alleging family violence, you need to seek aggressive and competent legal counsel that will fight for your rights and defend your case.
Know your rights, be smart, and hire an experienced attorney. We can help.