Have you or your loved one been charged with assault of a family member? If so, it’s important to seek help as soon as possible from a Houston assault family violence lawyer. An assault family member charge is a serious allegation made against many who are innocent. It can be a complex case filled with accusations and police reports. This type of assault can be charged as a misdemeanor or felony depending on the details of the case.
Misdemeanor Charge
In Texas, assault of a family member in Houston is usually filed as a Class A misdemeanor. There are two ways this can happened:
- If the person charged does not have a previous “affirmative finding of family violence” on their record.
- If the assault caused pain or injury that is not considered serious.
Misdemeanor Penalties
The penalties for a misdemeanor assault family violence case will vary from case to case. The court will looks at prior convictions and probation or parole history. Some of the penalties that may be attached to a misdemeanor charge include:
- Probation
- Treatment programs
- Fines
- Short to moderate jail sentence
- Restitution to the victim
Even a light to moderate penalty can affect the person accused of assault family violence for a lifetime. Deferred adjudication of the sentence will leave a person with a record of “affirmative finding of family violence.” That finding will result in the loss of the right to possess a firearm for a period of time determined by the law. It also means an automatic felony charge if accused of assault of a family member in the future.
Felony Charge
Assault of a family member that impedes breathing is filed as a 3rd-degree felony in Texas. Officers will ask the alleged victim if they were unable to breath for any period of time during an alleged assault. If the alleged victim says yes, then the officers will likely charge the person with felony assault of a family member due to impeding breath. This can result in prison time from 2-10 years and a felony conviction on permanent record.
Act Fast for Results
If you have been charged with assault family violence in Houston, you need the advice of an attorney as quickly as possible. Time is a very important factor the assault of a family member case. Statements made to police and the DA’s office will be held against the accused throughout the case. Houston criminal attorney Lisa Shapiro Strauss can help keep your name in good standing by fighting assault family violence accusations.
These cases can be full of false accusations or incomplete police work. When police are called to the scene, officers may assume an assault occurred. This makes a family member assault case even harder to fight.
Lisa Shapiro Strauss understands that cases involving assault of a family member are emotional. As an Assistant DA, she spent six months as the Chief Prosecutor of the court handling only these types of cases. She now uses this experience to defend clients against these charges.
