Dallas First Assault Family Violence Attorney
Assault Family Violence – First Offense
Accusations of family violence are on a dramatic rise. Clearly, family violence assault is obviously a serious problem. However, so are false allegations that can ruin innocent people’s lives.
If you or someone you love is charged with a first assault family violence offense, everything is on the line. First, serious consequences include jail and steep fines. Secondly, family violence cases also can cause the loss of the right to own or possess a firearm. Third, family violence records cannot be sealed. Finally, possibly the worst consequences are a permanent record and damage to reputation, professional, and educational opportunities.
Dallas First Assault Family Violence Attorney
A prosecutor is required to prove a felony charge beyond a reasonable doubt. This is the highest burden of proof in our justice system. The court must find you not guilty if the prosecutor cannot rule a single reasonable doubt. This can be a powerful defense when implemented in your defense by a skilled Dallas first assault family violence lawyer. Finally, a strong defense can lead to fantastic outcomes. For example, acquittal, rejection of charges, grand jury no-bill, diversion, dismissal, reduction of charges, or deferred probation. If you have been accused of a first offense assault family violence case in Dallas, contact the Law Offices of Mike Howard.
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Listen & Understand
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First Offense Assault Family Violence
Assault Family Violence Causing Bodily Injury
A person commits assault family violence if they assault a member of their family or household. Moreover, this includes a person with whom they have a dating relationship. Assault is defined as intentionally, knowingly, or recklessly causing bodily injury. Texas Penal Code § 22.01 governs both assault and assault family violence cases.
“Bodily injury” means physical pain, illness or any impairment of physical condition. People often expect an assault case would require some visible injury like a bruise, cut, or scrape. Unfortunately, this is not the case. Surprisingly, all the accuser has to allege is that they felt some physical pain. Even a slap, push, or poke that they say caused them pain can trigger one of the most stigmatizing criminal offenses there is.
Family Violence Definitions
Family member – includes people related by blood or marriage as well as former spouses. It also includes people who have a child or foster child together.
Household member – a person who resides or has previously resided in the same home. This includes roommates.
Dating relationship – a past or continuing relationship of a romantic or intimate nature.
Protective Order is a judge’s order that prevents you from having contact with a person. To grant a protective order, the judge must find that family violence has occurred and is likely to occur again. A temporary protective order is for a short period of time. You do not receive notice of a temporary protective order. A full protective order requires a hearing with notice to you.
Assault Family Violence Penalties
A first assault family violence charge is a Class A misdemeanor. You could face up to one year in jail and up to a $4,000 fine.
If you have a previous family violence record, a new assault family violence allegation becomes a felony. See our Assault Family Violence Enhanced page for more information on felony family violence offenses.
Family violence assaults that include impeding breathing or circulation are felony charges. See our Assault Family Violence Impeding Breathing or Circulation page for more information.
For more information about domestic violence charges generally, see our domestic violence page.
Of course, the consequences of a family violence conviction are not limited to jail time and money. A family violence finding will prevent you from getting your record sealed. In legal terms, this is called a nondisclosure. Moreover, a family violence finding will prevent you from owning or possessing a firearm.
More Resources and Information
See our criminal defense resource center for more information. This includes your fundamental rights, definitions of intentionally, knowingly, etc., defenses to prosecution, and more.
Choosing A First Assault Family Violence Lawyer
Searching for family violence defense lawyers in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. Vitally, you have to be comfortable with them and feel that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.
First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and to answer your questions? Moreover, do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you or who make big promises. Absolutely avoid lawyers who don’t communicate the scope of the work and their fee clearly in a written contract.
What Makes Mike Howard Different
Many lawyers take advantage of their clients’ inexperience with the legal system. We take the opposite approach: a knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.
Dallas First Assault Family Violence Lawyer
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas first assault family violence attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas first assault family violence lawyer has a reputation as a skillful trial lawyer who fights for their clients, however, it makes all the difference in the world.
A Proven Track Record
Dallas First Assault Family Violence Attorney
J.C. – Assault Family Violence Impeding
Our client was a professional boxer and a world champion. He was wrongly accused of brutally beating up an ex-girlfriend. The problem was the woman had no injuries and was shaking him down for a payout. We took the case to trial and exposed her true motives in court. The jury found my client not guilty.
P.M. – Assault Family Violence
Our client’s ex-girlfriend was angry that he had moved on. She set out to ruin his life with a wrongful domestic violence accusation. We took the case to trial and the jury found my client not guilty.
T.Y. – Assault Family Violence
Our client was a dental student who started dating a dental hygenist student. Over time she became controlling and abusive. She wrongfully accused him of family violence and would not back down. We took the case to trial and the jury found my client not guilty.
O.A. – Assault Family Violence
Our client was a doctor who had been married 40+ years. His wife suffered from long-standing mental health problems. When she had episodes she would become violent and abusive. My client had to call the police during one of these episodes but only wanted her to get help. When she realized she might be going to jail she falsely accused him of hitting her. The police told my client someone had to go to jail, him or her. Ever the loving, dutiful husband, my client chose to go to jail. We were able to convince the district attorney to reject the case completely.
J.S. – Assault Family Violence
Our client was a lawyer who had an argument with his wife after both had been drinking. He said somethings he later regretted and she overreacted by falsely accusing him of family violence. Even though she immediately regretted it, the police wouldn’t listen to her. We got the case dismissed.
M.P. – Assault Family Violence
Our client was living with a controlling and abusive girlfriend. One night they got into yet another argument and he tried to walk away. She wouldn’t stop following him and instigating. He went into the bathroom and tried to close the door to clear his head. She called the police and falsely claimed he assaulted her closing the door. We got the case dismissed.
Awards and Accolades
Disclaimer: the information here is not legal advice. Reading this site does not create an attorney-client relationship with Dallas first assault family violence attorney Mike Howard. If you have a legal problem contact an attorney to get specific legal advice. Nothing on this site is intended to be legal advice or a substitute for legal advice.