Assault (Family & Domestic Violence)
Leading Representation for Assault Cases in Austin
When facing charges of assault family violence, it is crucial to seek the assistance of a reputable criminal defense attorney in Austin. At the Law Office of Rhett Braniff, our dedicated team has extensive experience in handling cases related to assault family violence. As a trusted Austin law firm, we are committed to providing skilled legal representation tailored to protecting your rights and achieving the best possible outcome. Contact us today if you need legal representation in an assault family violence case.
Understanding Assault Family Violence
Assault family violence refers to incidents where there is physical harm, threat, or abuse directed towards a family member or household member. It encompasses a wide range of relationships, including spouses, dating partners, parents, children, siblings, and others living in the same household. In Texas, assault family violence is taken very seriously, and the legal consequences can be severe.
Assault Family Violence Charge Punishments
Assault family violence is normally a Class A Misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. The punishment range for assault family violence can be increased to a felony in a number of circumstances:
- If the person charged has a prior family violence finding in a previous case, the offense can be charged as a 3rd Degree Felony and has a punishment range of two to 10 years in prison and a fine of up to $10,000.
- If the allegation is that the person charged impeded the normal breathing or blood circulation of the assaulted person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth – regardless of whether this is a first offense or not – then the offense can be charged as a 2nd Degree Felony with a punishment range of two to 20 years in prison and a fine of up to $10,000.
- If the allegation is that the person charged committed Aggravated Assault with a Deadly Weapon against a family member, the offense can be charged as a 1st Degree Felony with a punishment range of five to 99 years or life in prison and a fine of up to $10,000.
A Prior Deferred Adjudication Probation Can Be Used to Enhance a Subsequent Offense
While the language of the statute states that a prior conviction can enhance a subsequent charge, this is also true of successfully completed deferred adjudications. While a successfully completed deferred adjudication means you have no conviction on your record, this prior offense (which can’t be non-disclosed) can be used to make a subsequent case a felony charge.
The Severity of Family Violence Cases
A finding of family violence is an affirmative finding made by the trial court at the plea or upon conviction after the trial for an assault family violence charge. The finding is an aspect of the case that can be waived by the state in plea negotiations.
Family violence findings have enormous impacts on the charged person’s life, even more so than other offenses of the same penalty range. A Class A Assault with a family violence finding will have much more severe consequences for a person charged with a Class A Criminal Trespass, Class A Criminal Mischief, etc. While the punishment range is the same, the finding of family violence carries with it significant consequences, including:
- The inability of the person to possess a firearm ever again
- Inability to rent an apartment or find other housing
- Inability to obtain gainful employment
- Enhancement of a subsequent charge
Proving an Assault Family Violence Case Beyond a Reasonable Doubt
Assault family violence cases are unique in many ways:
- The complainant in the case is often the only evidence of the assault. Assault family violence cases can be sustained without any visible injury, without any allegation of a weapon, and solely on the testimony of the complainant
- There is a bias among arresting agencies in Texas in assault family violence cases. In “he said, she said” cases with no corroborating evidence, the male is more likely to be arrested.
- Family violence cases are treated much more harshly than other misdemeanor cases in the criminal justice system and have been for years. While changes are occurring and some counties are more receptive to diversion and non-conviction type resolutions to assault family violence cases, these cases are still very aggressively prosecuted.
- It is likely that a victim wanting the case to be dismissed will not see their wishes honored. In many cases, prosecutors often ask for victim input and try to craft a plea offer that takes the wishes of the victim into account. In assault family violence cases, however, often a victim wanting a dismissal is disregarded as only requesting so because of duress, pressure, or intimidation. The state can, and will, proceed with the prosecution of the case even if the victim asks that the case not be prosecuted.
Defending Your Rights
Navigating through assault family violence charges can be overwhelming, but our team is equipped with the necessary knowledge and experience to build a robust defense strategy. We thoroughly investigate every aspect of the case, challenging the prosecution's evidence and ensuring our clients receive fair treatment throughout the legal process.
Personalized Defense Strategies
When it comes to assault family violence cases, having strong representation in the courtroom is crucial. Each assault family violence case is unique, and our Austin law firm takes a personalized approach to every case. Our attorneys are experienced litigators who are not afraid to aggressively advocate for our clients’ rights. We diligently analyze the circumstances surrounding the alleged assault, providing tailored defense strategies that aim to challenge the prosecution's claims. Our goal is to achieve the best possible outcome for our clients, whether it be dismissal, reduced charges, or an acquittal.
Your Advocates in the Courtroom
If you are facing assault family violence charges in Austin, you need the support and expertise of a trusted criminal defense attorney. At the Law Office of Rhett Braniff, we have built a solid reputation as the premier law firm in Austin, specializing in assault cases. With over 20 years of experience practicing criminal law, our founder, Rhett Braniff, is a former prosecutor who understands the intricacies of the legal system and possesses unique insights that can be valuable in developing an effective defense strategy. Contact us today and schedule a consultation to discuss your case. Let us provide you with the strategic defense you deserve, so you can move forward with confidence.