Assault Crimes and Assault on Family Members
Assault or Assault of a Family Member occurs when one intentionally, knowingly, or recklessly causes bodily injury to another person, including a member of the person’s family or someone with whom the person has a dating relationship.
Consequences of Assault and Assault of a Family Member
The degree of punishment for this offense can range from a Class B misdemeanor to a serious felony, depending on the facts or circumstances of the case, such as whether or not serious bodily injury results, a weapon was involved, and whether the person has any prior convictions. Your case may result in deferred adjudication, probation, jail/prison time, a dismissal, or a not guilty verdict, depending on the circumstances of your case. These crimes can also impact your ability to own a firearm.
In order to make a case against you, the prosecution must depend on available evidence in addition to the alleged victim’s testimony. You need a skilled and experienced attorney to analyze this evidence (which may include 911 tapes, pictures, statements made to police, and other witness statements) to determine whether a case can be made against you.
Defense Strategies for Assault and Assault Family Violence Charges
- Victim/Witness testimony. Often, family violence charges are initiated by one party informing the police that they have been attacked by a family member. We may question the credibility of the alleged victim.
- False accusation. There may be some cases in which a defendant is wrongfully accused of a domestic violence crime for reasons that do not even relate to violence. This is often the case with recent divorcees, or couples dealing with separations, custody disputes, or other problems. The credibility of alleged victims will come into play in this scenario and may convince a jury that the defendant is wrongfully accused, especially if there is no evidence of physical violence.
- Self-defense. Self-defense is an issue in many assault cases. In this case, we may argue that you acted purely out of self-defense and your actions were just and reasonable at the time. Sometimes, the police may press charges against a man even though the woman may have initiated the combat. In other cases, the police may press charges against the person least injured. If this is the case, you will need a skillful defense lawyer to tell your side of the story.
Why Do You Need a Defense Lawyer?
If you are in Harris County or surrounding counties such as Fort Bend, Montgomery, or Galveston County and have been charged with assault or an assault family violence offense, you will need an experienced and successful criminal defense lawyer like Nathaniel Pitoniak to provide you with legal advice and representation in a Texas court of law. As a former prosecutor in his tenth year of practice, he knows how these cases are made and how to present a successful defense because he has tried many assault family violence cases. Call Nathaniel Pitoniak at the Pitoniak Law Firm at (832) 315-6283 for a free consultation today.