San Marcos Assault Family Violence Lawyer Jason Trumpler

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Have you or someone you know been charged with assault family violence or domestic violence in San Marcos, Texas or Hays County, Texas? If so, it is important to seek help from competent, aggressive legal counsel as soon as possible. An assault against a family member charge is a serious allegation that is often made against law abiding citizens who are factually innocent. Assault family violence charges are often complex and nuanced cases filled with emotion. The reports related to assault family violence cases are often lengthy and contain various accounts of events. Assault family violence charges can be charged as a misdemeanor or felony depending on the specific facts of the case.

Misdemeanor Charge

In Texas, assault of a family member in San Marcos is usually filed as a Class A misdemeanor. There are two ways this can happened:

  • If the person charged does not have a previous “affirmative finding of family violence” on their record.
  • If the assault caused pain or "bodily injury" that is not considered serious.
    • "Bodily injury" is defined as physical pain, illness, or any impairment of physical condition.

Misdemeanor Penalties

The penalties for a misdemeanor assault family violence case will vary from case to case. The prosecutor in a plea bargain, or a jury or judge if the case goes to trial, will look at prior convictions and probation or parole history. Some of the penalties that may be attached to a misdemeanor charge include:

  • Probation
  • Treatment programs
  • Fines
  • Short to moderate jail sentence
  • Restitution to the victim

Even a light to moderate penalty can affect the person accused of assault family violence for a lifetime. Deferred adjudication of the sentence will leave a person with a record of “affirmative finding of family violence.” That finding will result in the loss of the right to possess a firearm for a period of time determined by the law. It also means an automatic felony charge if accused of assault of a family member in the future.

Felony Charge

Assault of a family member that impedes breathing is filed as a 3rd-degree felony in Texas. Officers will ask the alleged victim if they were unable to breath for any period of time during an alleged assault. If the alleged victim says yes, then the officers will likely charge the person with felony assault of a family member due to impeding breath. This can result in prison time from 2-10 years and a felony conviction on the subject's permanent record. In addition, if a person has a prior family violence finding any subsequent arrest for assault family violence will be charged as a felony. Moreover, a person can be charged with a felony if the injuries are serious or a weapon is involved.

Act Fast for Results

If you have been charged with assault family violence in San Marcos, you need the advice of an attorney as quickly as possible. Time is of the essence when dealing with an assault of a family member case. Statements made to police and the District Attorney's office can and will be held against the accused throughout the case. San Marcos Criminal Attorney Jason Trumplercan help keep your name in good standing by vigorously fighting assault family violence accusations.

Assault family violence cases are often fraught with false accusations or incomplete police work. When police are called to the scene, officers frequently assume an assault occurred. This makes domestic violence cases difficult to fight.

Jason Trumpler understands that cases involving assault of a family member are emotional. As a former prosecutor, he spent years handling these types of cases. Mr. Trumpler now uses this prosecutorial experience to defend clients against these charges.