Assault Family Violence in Austin, Texas and Round Rock, Texas
CONTACT US TODAY AT 512-457-5200
In the State of Texas, a family violence conviction can have serious, life-altering consequences that could affect your job security, ability to secure housing, child custody rights, and more. Law enforcement typically treats the assault of a family member – someone related to you either by blood or romantic involvement – as more serious than an assault on a stranger.
A common misconception is that if the alleged victim recants the charges, he or she can prevent the court from continuing with the prosecution. This is not the case. In the case of assault in Texas, once a charge has been filed, it is up to the prosecution to either pursue or dismiss the charges. Additionally, police officers are not allowed to mediate between a couple or family members – if there is a sign of an assault or violence, police officers are required to arrest the alleged offending member. Even an arrest for family violence can have serious consequences.
If you have been accused of family violence or assault on a family member, it is very important that you secure legal counsel as soon as possible. The sooner you decide to retain a family violence criminal defense attorney, the more likely your chances are of getting your charges reduced or completely dismissed. Jason Trumpler is an experienced criminal defense attorney who has been practicing law in Austin and the surrounding areas for over 15-years.
The court system takes the charge of family violence, i.e. assault on a family member very seriously. Potential consequences include, but are not limited to:
• Loss of custody of your children.
• The requirement to pay spousal support, with the minimum for years married waived.
• Penalties ranging from a fine of up to $500 - $10,000 and up to 2 – 20 years in prison, depending on whether the charge is classified as a misdemeanor or felony.
• Limited job/housing opportunities.
• If you are an immigrant or a temporary citizen of the United States, you could be deported back to your home country.
• Loss of the right to own or possess a firearm.
Additionally, if you are convicted of even a misdemeanor family violence crime in Texas, any further convictions could result in a 3rd Degree Felony punishable by prison time and steep fines. If you have been accused of a family violence crime in the State of Texas, it is important that you retain a criminal defense attorney as soon as possible to help mitigate any potential consequences.
DEFENDING AGAINST A FAMILY VIOLENCE CHARGE
The most common defense against a charge of family violence is that you were trying to defend either yourself or somebody else. Sometimes the person accused of assault is simply someone who was trying to defend themselves from the violent actions of the actual perpetrator.
After a family member or partner presses family violence charges against you, one of the most common questions is if the charges can be dropped if he/she expresses that they no longer want to pursue the case. The answer is no – it is ultimately up to the prosecutor to either pursue or dismiss the charges. However, the alleged victim can present what is called an “affidavit of non-prosecution.” This affidavit will express the alleged victim’s disinterest in pursuing charges, and also allows room for him/her to admit that the allegations were false. While this affidavit will not guarantee a dismissal, it is certainly something that the prosecutor will take into heavy consideration. Often times, the state will require the complaining witness to contact their office directly before accepting an affidavit of non-prosecution.
Sometimes, the prosecutor will allow a plea deal where the alleged perpetrator attends either counseling or state-mandated anger management/rehabilitation programs for violent offenders such as BIPP (Batterer Intervention and Prevention Program) up front and dismiss the charges or enter into a deferred prosecution agreement where the charges are dismissed and the defendant agrees to complete counseling and community service and stay out of trouble for a period of time.
Jason Trumpler is an experienced assault causing bodily injury family violence defense attorney practicing in Central Texas with over 15-years of experience. He is a graduate from the University of Texas School of Law who routinely practices in Travis, Williamson, Hays, Caldwell, Coryell, Burnet, Bastrop, Lee, and Bell counties. Mr. Trumpler routinely represents individuals who are not only charged with family violence but all other criminal charges as well.
If you or someone you know has been charged with an act of family violence, do not hesitate to contact our office at (512) 457-5200 with any questions.
902 E 5th Street, Suite 108
Austin, TX 78702
Round Rock Office
1000 Heritage Center Cir
Round Rock, TX 78664