Assault in Texas is classified in several ways, from a Class C violation up to a felony. In many cases, assault is caused by an unwanted touching that may or may not result in injury. Assault cases where a family member is involved carry a family violence enhancement, which can have great consequences.
Family violence is a serious problem in our country. It is easy to understand the aggressive stance that lawmakers and criminal justice professionals take to protect the victims. Unfortunately, when the government acts, there are usually unintended consequences and family violence statutes are no exception.
Police officers can issue citations for Class C Assault, even if family violence occurs. Most class C violations carry the weight of a traffic ticket, but with a family violence enhancement a citation becomes much more than that of a traffic ticket. An example of the consequences would be two siblings arguing. If the police arrived, and one allegation of physical contact was made, the officer may write a citation for Class C Assault – with a family violence enhancement – even if nobody has a visible injury.
Convictions with a family violence enhancement will prevent you from owning firearms, holding certain jobs, and can be used for enhancement on future family violence charges. In the example listed above, someone at 18 years old could be prevented from ever owning a firearm because of an argument.
My approach to assault cases depends on the individual facts of the case. Your criminal charges are always an important element of my representation, but my clients well-being takes precedence. If you are facing an assault charge, I will work with you to identify ways to ensure you remain out of the criminal justice system. My employment will not be to merely seek out a plea agreement, rather it will be a holistic approach to reaching a successful outcome to your case.