Can the State Prosecute a Family Violence Charge if the Alleged Victim Is Out of State?
What is considered family violence in Texas?
In Texas, “family violence” could apply to a number of incidents. It is an assault or verbal threat against someone in the household. It doesn’t matter if it is a romantic relationship or not. So, your roommate could charge you with family violence or even someone you’ve had one single date with.
What’s important is obtaining your defense attorney as soon as you’re charged and be aware of your rights. Once you’re on a path to success, a court date may come. What happens if the alleged victim doesn’t show or is out of state?
What if the alleged victim is out of state?
Even if the alleged victim is out of state, Texas still can pursue the case and charge you with family violence. The state may even pay the person to fly down, if necessary, but they don’t need to be present for the prosecution to move forward. Typically, if the victim isn’t there, they can still use other evidence such as a 911 call or photographs of the alleged assault.
How do I drop a family violence charge in Texas?
The first step with a family violence charge in Texas is to find a reputable criminal defense attorney. A family violence charge is a serious accusation. Many facilities, whether it is for housing or employment, typically will require a background check. This charge could show up and people can judge very harshly, regardless of the outcome of the case.
Ryan Deck is an experienced criminal defense lawyer who has served the Round Rock community for over a decade. He will help navigate through your charge and discuss your options step-by-step, so you feel confident and informed.
Assault and battery are two terms that are often used interchangeably, but they actually have different meanings and legal consequences. In this blog post, we will discuss the differences between assault and battery and what you need to know if you are facing charges for either.
What is Assault?
Assault is the act of threatening or attempting to harm someone, either with words or actions. It does not necessarily involve physical contact, but it can cause the victim to fear for their safety. Assault can be charged as a misdemeanor or a felony, depending on the severity of the threat and the circumstances surrounding the incident.
What is Battery?
Battery, on the other hand, is the act of actually physically touching or striking another person without their consent. Unlike assault, battery always involves physical contact. It can also be charged as a misdemeanor or a felony, depending on the severity of the injuries sustained by the victim.
What You Need to Know if You Are Facing Assault or Battery Charges
If you are facing assault or battery charges, it is important to understand the potential consequences of each charge. A conviction for assault or battery can result in fines, jail time, and a criminal record that can make it difficult to find employment or housing in the future. It is important to consult with an experienced criminal defense attorney who can help you understand your legal options and defend your rights in court.
Facing Charges for Assault or Battery?
If you are facing charges for either, it is important to understand the differences between the two and the potential consequences of each. The Law Offices of Ryan H. Deck can help you understand your legal options and defend your rights in court. Contact us today for a free consultation.
What to Know About Family Violence Charges in Texas
What is Considered Assault in Texas?
When someone gets charged with assault/family violence, that typically means that an assault occurred against someone in the household. This person could be someone you are living with or someone you have a romantic relationship with. In Texas, “family violence” could apply to an assault between roommates. It could even apply to an alleged assault on a person with whom you’ve only had a single date.
So, what do we investigate these charges as a criminal defense attorney? Well, we want to consider this:
Does my client have a criminal history –specifically, an assaultive criminal history?
How bad is the injury?
Does the complaining witness want to go forward with the prosecution?
What is the Best Defense for a Family Violence Charge?
If all three matters are in favor, there’s a good chance of getting this case dismissed. However, sometimes that isn’t the case, and an experienced lawyer should be able to sit you down and educate you on your options. For instance, in some cases, a viable self-defense claim can be asserted. It is critical to understand your legal options before continuing.
There are varying degrees that determine the severity of an assault.
Simple Assault Against a Family Member or Household Member
According to the Assaultive Offenses Penal Code, simple assault is a Class A misdemeanor. However, domestic simple assault is a 3rd-degree felony if the defendant has had previous domestic assault history or the assault impended breathing in any way. Any type of strangulation escalates the charge to a 3rd-degree felony.
Aggravated Assault Against a Family or Household Member
An assault is an “Aggravated Assault” if the assault resulted in serious bodily injury or if a deadly weapon was used/exhibited during the assault. While an Aggravated Assault is typically a 2nd degree felony, it could escalate to a 1st-degree felony if the defendant used a weapon AND caused serious bodily harm in a domestic assault
Making Threats Against a Family or Household Member
A crime is also committed if a person threatens violence upon a family or household member. This is typically a Class A misdemeanor.
Can Family Violence Charges Be Expunged in Texas?
According to the Texas Bar, you can expunge a family violence charge in Round Rock, Texas, only under specific circumstances. This includes:
If the case against you was dismissed (not via deferred adjudication) OR
If you were found not guilty of the offense
If either of these situations applies, you will be able to move forward with the expunction. Many facilities require a background check, whether this is for housing or employment. Even if you aren’t convicted of the charge, these charges still show up on background checks with “charge dismissed” at the very bottom.
People will judge what they’ve read harshly, no matter the outcome of the case. It’s crucial to get an experienced criminal defense attorney immediately upon arrest.
Just because you were arrested does not mean you were guilty of this crime, and having the right attorney in your back pocket may open the door for an expunction down the line. To stand up for your rights, contact the Law Office of Ryan Deck today.
What Happens if I Get Deferred Adjudication on an Assault/Family Violence Charge?
There are major misconceptions when discussing deferred adjudication, especially for family violence cases. The most common misconception is that the charge will be erased from your record because you completed the process. It’s not as neat as that.
What is Deferred Adjudication in Texas?
Deferred adjudication is usually offered to first-time offenders in Texas.
According to the State of Texas, deferred adjudication is a special form of judge-ordered community supervision (aka probation) that permits the defendant to accept responsibility for a crime without an actual conviction being placed on the record. Only a judge can grant a deferred adjudication, not a jury, so the prosecutor and defendant must agree to waive a jury trial.
Those typically eligible are:
Any defendant charged with a misdemeanor crime other than driving/flying/boating while intoxicated. In addition, any defendant charged with a felony, except:
Driving/flying/boating while intoxicated
Intoxication assault
Intoxication manslaughter
A repeat drug offense enhanced with a drug-free zone finding, and
A repeat sex offense (indecency with a cold, sexual assault, or aggravated sexual assault)
However, this still requires the defendant to plead guilty or no contest. This locks down the possibility of dismissing the case outright.
A successfully completed deferred adjudication can often be sealed from public view with a non-disclosure once the waiting period is over. Sealing is on a case-by-case basis. Some deferred sentences are ineligible for non-disclosure.
For example, any crime involving family violence is ineligible for non-disclosure. It stays on your criminal history forever.
Can a Deferred Adjudication Effect Employment in Texas?
However, deferred adjudication is often called fool’s gold in criminal defense. Finishing your deferred adjudication doesn’t make the offense disappear into thin air. Usually, it affects your employment and lease deals.
According to the Texas Department of Motor Vehicles, if your application reveals a conviction or deferred adjudication, this could be a basis for denying your license. This is always on a case-by-case basis. The state also provides a guide for all occupational license processes with deferred adjudication.
For employment, some employers may disqualify an application based on their family violence conviction. They can see you were charged with family violence, that you plead guilty to it, and at the very end, it says the charge is dismissed.
This doesn’t instill much confidence, and the dismissal for your charge can be missed.
Ryan Deck has been a community member for years and has played both prosecution and defense. He will take the time to truly understand your situation and move forward in the best-case scenario for your charge.
The Benefits of Having a Former Texas Prosecutor Defending Your Case
If you are facing misdemeanor or felony charges, the best opportunity you
have to get the charges dismissed, a reduction in charges or an acquittal
at trial is by having an aggressive criminal defense lawyer on your side.
The more serious the charges, the more important it is to have a skilled
lawyer with a proven record and the skills to help you seek to avoid the
penalties. At The Law Office of Ryan H. Deck, our lead criminal defense
lawyer is a former Texas prosecutor who prosecuted hundreds of criminal
cases during his years of service. Now, as a highly-regarded criminal
defense lawyer, Mr. Deck takes pride in continuing to advance his legal
education, so that his firm can provide some of the most innovative and
cutting edge defense strategies.
In a recent case, which involved a client being accused of committing a felony assault, our firm was able to take action for the client, and have the felony
assault family violence charges dismissed. We also were able to get the
motion to revoke the client’s probation dismissed, despite the fact
that the client was on probation for aggravated assault at the time the
new assault charge was filed. We knew what was at stake, and that the
penalties associated with a felony family violence assault would be significantly
more severe than those for the felony assault of a stranger, so we did
everything possible to see that our client’s case was dismissed, and
were successful.
To have any chance of preserving your freedom and avoiding jail or prison
time, and to retain the right to have access to your home and children,
to protect your constitutional right to bear arms, and protect your personal
and professional reputation, you will need a seasoned attorney on your
side. To find out how we could defend your case, contact our Round Rock criminal defense lawyer at once.
Not Guilty Verdict for Client Charged with Assault Causing Bodily Injury
When an individual intentionally attacks another individual, knowingly causes another person bodily harm, verbally or physically threatens to cause imminent harm to another and/or injures a person as a result of his or her reckless actions, he or she is committing the criminal act of assault. Depending on the circumstances surrounding the assault, and the extent of the injuries caused, the accused will face either misdemeanor or felony charges. Under the Texas Penal Code, the penalties associated with the various types of assault can include sizable fines, extensive jail or prison sentences, probation and other punishments. Certain felony assault charges can carry the possibility of life in prison.
If you have been charged with assault, it is extremely important that you retain defense counsel at once. When a threat or seemingly minor argument leads to serious criminal charges, it is in your best interests to have an experienced criminal defense attorney managing every detail of the case. Getting the charges against you dismissed, reduced or acquitted at trial is not necessarily an easy task, regardless of your guilt or innocence. Ensuring that you have a creative and effective defense strategy, presented by an attorney who is committed to defending you and protecting your freedom is essential.
In one of our most recent cases, a client had been accused of assaulting another individual at a house party. We reviewed the charges, conducted our own investigation, build a carefully crafted defense, and achieved a “not guilty” verdict at trial. If you need legal representation, do not hesitate to contact The Law Office of Ryan H. Deck and schedule to meet with a Round Rock criminal defense attorney as soon as possible. We are on your side, and we know defense law.