If you face domestic violence charges, a Montgomery County assault lawyer from Blass Law can aggressively protect your rights and seek the most favorable outcome in your situation. Depending on the incident’s facts, we might be able to get the prosecutor to dismiss the charges, negotiate the charges to a lesser offense, or take your case to trial.
An assault lawyer who serves Montgomery County, Texas, can review your case and develop a defense strategy to help you prevent or minimize the consequences to your future. You can reach out anytime to explore your legal options.
Elements of Assault in Montgomery County, TX
There are three ways to violate Texas Penal Code Section 22.01, the Texas law that defines and governs assault. A person can commit an assault in Texas by taking any one of these three actions:
- Causing bodily harm to another through intentional, knowing, or reckless actions. This section also applies to injury to a person’s spouse.
- Threatening another person with imminent bodily harm, including one’s spouse. Someone must make the threats intentionally or knowingly.
- Causing offensive or provocative physical contact with another person. The physical contact must have been intentional or knowing, or the person committing the physical contact must have known or should have reasonably believed the object of the contact would find the contact provocative or offensive.
A Montgomery County criminal defense lawyer can start working on your defense strategy right away if you face accusations of any of these three actions that constitute assault under Texas law. If we can start immediately, we will have more time to work on your case.
An Explanation of Family Violence Under Texas Law
Under Texas Penal Code Chapter 71, the offense of family violence can include any one of these three actions:
- Dating violence as defined in Texas Code Chapter Section 71.0021.
- Abuse toward a child of the family or a household by a member of the family or household.
- “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.”
For purposes of this section, “family” refers to:
- People related by blood or marriage
- Former spouses
- Parents of a child together, regardless of whether they ever married
- A foster child to a foster parent
- People who are or have been members of the same household
- People currently dating or have dated each other
None of these parties must have lived together during the alleged family violence.
If someone has accused you of family violence or you have been arrested or charged with this offense, an assault law firm in Montgomery County, Texas, can help you protect your future.
Potential Penalties for Assault in Montgomery County, Texas
Texas Penal Code Chapter 12 sets forth the possible penalties for a person if convicted of assault on a family member. The potential penalties include:
- For conviction of a first-degree felony, at least five years of incarceration and a fine of $10,000.
- A second-degree felony conviction can land a person in prison for two to 20 years and get them a fine of up to $10,000.
- Conviction of a third-degree felony can include penalties from two to 10 years of incarceration and a fine of up to $10,000.
- If convicted of a Class A misdemeanor, the person can receive only a maximum one-year jail sentence and a fine of up to $4,000.
Unfortunately, when a person faces an arrest and a charge of one offense, they might get charged with additional offenses for things that happened during or before the arrest. Every separate charge that results in a conviction can carry penalties.
Other Possible Fallout from a Conviction of an Assault on a Family Member
Having a criminal record, going to jail or prison, and paying thousands of dollars in fines sounds like more than enough punishment. Still, a conviction of family violence can also hurt you in the following ways:
- You could live under a cloud for the rest of your life if you ever get a divorce. Even if the charges you get convicted of were unfounded, it will be extraordinarily hard for you to get custody of your children after being convicted of assault on a family member.
- You could lose your job if you work in certain professions, such as medicine, law, teaching, or working with children or vulnerable individuals in some other capacity. You could even lose your professional license.
- The social stigma of having a conviction for assault on a family member cannot be overestimated. Even 10 or 20 years later, people who like to gossip will find this topic irresistible. You do not want to be the person they whisper about or go through the experience of having conversations stop abruptly when you walk into the room.
As you can see, there are many reasons to fight or reduce domestic violence charges.
Possible Alternative Results Instead of a Conviction
You do not have to merely lie down and accept the charges against you. With an experienced criminal defense lawyer on your side, here are other possible outcomes you might be able to achieve any of the following:
- Your lawyer convinces the prosecutor to dismiss the charges.
- Your attorney negotiates the charges to a lesser offense.
- Your lawyer could win your case at trial (a not-guilty verdict).
If you can get one of these results instead of a conviction on the charges, you owe it to yourself to try.
Why Hire Jay Blass to Represent You in a Family Member Assault Lawyer Case?
Jay Blass Cohen is a lawyer and scientist certified as an ACS-CHAL Forensic Lawyer-Scientist. He is also certified in forensic chromatography for alcohol and drugs. Drugs and alcohol are often involved in situations with accusations of domestic violence.
Jay will fight tirelessly to get you the best possible result in your circumstances. You can reach out to Jay at Blass Law today to get started.