Assault Criminal Defense Attorney
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Austin Texas assault cases are filed at the Travis County Courthouse. Like many cities, there are so many of these type of cases that there is a special court to handle assault family violence cases. Otherwise known as domestic violence charges.
Many people are not guilty of these charges but get accused and have to go through the court process. Don’t get stuck going to court with an inexperienced or careless lawyer. You risk being convicted of a serious crime. Many people are not guilty of these charges but get accused and have to go through the court process. Check out my video below.
Family Violence Defense Lawyer
So often our office gets calls about a domestic situation that occurred and resulted in an arrest. An argument, often silly, escalates into yelling, frustration or physical contact. A 911 call is made and the police are dispatched based on the information in the 911 call.
Misdemeanor Domestic Violence
A misdemeanor assault family violence charge can be a Class C assault by contact or a Class A misdemeanor. Class A misdemeanor assault cases require bodily injury, which is defined as “pain”.
A Class A assault case can be punished by up to 1 year in the county jail and up to a $4,000 fine. Probation is rather a likely punishment depending on a person’s criminal history. Probation can be up to 2 years with a $4,000 maximum fine.
A serious problem with having this family violence part of the assault on your record is that the next time there is an accusation, it will be charged as a 3rd degree felony.
Assault Defense Attorney
Assault can be charged in different circumstances. It is not necessarily a domestic violence charge. Many of the same factors may be present. A person is over reactive or exaggerates to the police. Also a person who perceives a threat may just be defending themselves.
The differing circumstances need to be discussed over the phone or in person at our office to examine the elements.
3rd Degree Felony Assault
There are a number of reasons an assault can be charged as a felony. Starting with a 3rd degree felony, the following charges will qualify:
- Assault on person the actor knows is a public servant.
- Assault on a household or family member when the actor has a previous family violence conviction, but not only limited to just Chapter 22.
- Intentionally, knowingly or recklessly impeding breathing or circulation of blood to neck or throat or by blocking nose or mouth.
- Assault on security officer on duty.
- Assault on emergency services personnel while on duty.
- Forcing pregnant person to have abortion.
- Assault on contractor in juvenile or adult correctional facility.
- Assault on officer at a civil commitment facility.
2nd Degree Felony Assault
An assault may be charged as a 2nd degree for different reasons. Some reasons from enhancement and others are based on the offense itself. The following are examples of 2nd degree assault:
- Assault on a person the actor knows is a peace officer or judge while performing official duty or in retaliation.
- Assault on a household or family member by intentionally, knowing or recklessly impeding breathing or circulation of blood to the person’s throat or neck by blocking the nose or mouth. This is a 2nd degree felony if the actor has a previous conviction for family violence, homicide, kidnapping, or indecency with child.
Call us to handle your case. Our office has several years of success and very satisfied clients. The goal is to help people have a better life. Contact us at https://criminalattorneyinaustin.com.