San Marcos Assault Family Violence Lawyer | Assault Family Member
San Marcos Assault Family Violence Lawyer
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Are you, or someone you know, facing assault causing bodily injury family violence charges? If so, it is essential to seek help as soon as possible from a San Marcos assault family violence attorney. Domestic violence charges have severe consequences. Often, individuals make false allegations against many who are innocent. Unfortunately, while these cases are involved, law enforcement does a poor job investigating them.
In Texas, the State can file Family Violence charges as misdemeanors or felonies.
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 the State does not consider the injury serious.
Misdemeanor Penalties
The penalties for a misdemeanor charge will vary. The court 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 modest punishment can affect the person accused of assault family violence for a lifetime. Deferred adjudication of the conviction will leave a person with a record of an affirmative finding of family violence. A family violence finding will result in the loss of the right to possess a firearm. A family violence finding also means an automatic felony charge if the State accuses you of assault of a family member in the future.
Felony Charge
The state files assault of a family member that impedes breathing as a 3rd-Degree Felony in Texas. After someone calls officers to a scene, officers will ask the alleged victim if they were unable to breathe for any period during an alleged assault. If the alleged victim says yes, then the officers will likely charge the alleged perpetrator with the felony assault of a family member due to impeding breath. Assault that impedes breathing can result in prison time from 2-10 years and a felony conviction on your permanent record.
Act Fast for Results
If the State has charged you or someone you know with assault family violence in San Marcos, you need the advice of an attorney as quickly as possible. Time can be a significant factor in these types of cases. If the person charged or potentially facing charges, says anything to the police or the District Attorney's office, the State will use whatever he or she says against them throughout the case. San Marcos Criminal Attorney Jason Trumpler can help keep your name in good standing by fighting assault family violence accusations.
Again, these cases can be rife with false accusations or incomplete police work. If someone calls officers to a scene, officers may assume an assault occurred. Shoddy police work can make a family member assault more challenging to defend.
Jason Trumpler understands that cases involving assault of a family member are emotional. As a former prosecutor, he spent years prosecuting these types of cases. Mr. Trumpler now uses this experience to defend clients against these charges.
