Houston Domestic Violence Attorney
It doesn’t take long for tensions to escalate during family disputes over money, infidelity, or child custody battles, and turn a private disagreement into a public domestic violence charge. A criminal conviction of this type of charge has serious implications, especially if aggravated assault charges are filed. Information about your criminal incident is typically considered public record, and is available to anyone who checks into your background, which can affect your family, your work, and other rights. Along with a criminal record, you could be sentenced to jail time, restricted from contact with family members, and lose your right to own or possess a firearm. Texas law prohibits possession for years after the sentence ends, and federal law can make the ban permanent. Additionally, if you are convicted of an Assault – Family Violence case, any future allegation will automatically become a third degree felony.
If you have been charged with a crime which resulted from a family violence incident, your rights should be protected by a Houston Domestic Violence Lawyer. The Law Office of Henry K. Nguyen has extensive experience in defending the freedom of those accused of harming their family members. While most people associate domestic violence with incidents between married spouses, the State of Texas has expanded the definition of “family” to include the following relationships:
- Anyone related by blood or affinity
- Current or former spouses
- Parents of the same child, regardless of marriage status
- Foster children/parents
- Dating Relationship
- Anyone who has previously or currently shares a residence
It is very easy to have someone fall into the category of “Family”. Because of this, any sibling squabble or roommate disagreement can result in a case that can become a felony or have lifelong implications. This can easily open the door to false allegation that can destroy your life.
The District Attorney may enhance an Assault case and make it much more serious. This can be done in three typical ways:
- Aggravated Assault with a Deadly Weapon – If there was a weapon used. This makes the offense a second degree felony, 2-20 years in prison. Guns and knives are typical, but bats, cars, and many other things have been alleged to be a deadly weapon.
- Impeding Breath or Strangulation – If there is an allegation of choking or touching of the neck. Usually during confrontations and arguments, all parties are heated and upset. Officers sometimes lead victims into saying the right words so the offense becomes more serious. If the complainant says that they choked or couldn’t breathe or got dizzy, this could cause the case to become a third degree felony, a punishment range of 2-10 years in prison.
- Any offense with a prior Assault Family Violence – If it is shown that there has been a prior Assault Family Violence, the punishment is automatically enhanced to a third degree felony, a punishment range of 2-10 years in prison.
Family Violence Lawyer in Houston
Typically, law enforcement officers who respond to a family violence incident will make an arrest in order to protect the perceived victim. This generally means only one side is investigated and documented. This could mean that important evidence of defensive injuries, statements, or witnesses that could help your case are not gathered. The staff at the Law Office of Henry K. Nguyen, P.C. knows that officers spend a minimal amount of time investigating domestic violence reports prior to making an arrest. Our mission is to defend your rights and facilitate a fair treatment of your case.
There are times where the “victim” does not wish to proceed with the case. This will not always result in your case being dismissed. There is a special division in the District Attorney’s office that handles cases in which the complainant does not wish to proceed with the case. The District Attorney can go forward with just the 911 call in the case or what the witness told officers that day. The District Attorney also has the power to subpoena a witness to come to court and testify. Many people believe that they just simply need to not come to court and the case will go away. This could not be further from the truth. The District Attorney has the ability to “attach” a witness and actually arrest them and bring them to court to testify.
There are several effective defense strategies in family violence cases. Meeting with friends, neighbors, and other relatives may give us a better understanding of family dynamics and identify inconsistent information given by the complainant. Medical specialists and prior incidents may be utilized to show that anything that you may have done was in self defense. The most important thing is to hire an attorney immediately. Once the case starts moving down the tracks of the justice system, it is very hard to stop. So many cases could be thrown out if a competent Criminal Defense Attorney is fighting for you from the beginning. Contact our office immediately if you are facing an Assault Family Violence case.
What if I’m the one who called the police and want the case to go away?
Many times, the complainant wants to help and will try to talk to the prosecutor to get the case dismissed. Prosecutors often call complainants early, typically a few days after the arrest. Once a family violence investigation has started, the charge cannot simply be dropped by the person who made the report, and talking with a prosecutor can make the case harder to get dismissed later. If you leave out important facts early on, such as who actually started the fight, raising them later can look like you made them up just to get the case dismissed.
As a witness, you have the right to talk to anyone you choose. You also have the right not to talk to anyone. Talk with an attorney before speaking with an officer or prosecutor so you understand what they will ask and why.
Houston Domestic Violence Lawyer
In the event that charges cannot be dismissed, our staff can often negotiate effectively with the state for a reduced sentence in exchange for anger management or counseling programs. When your freedom and livelihood are hanging in the balance, you deserve a skilled Houston Domestic Violence Attorney in your corner. Contact the Law Office of Henry K. Nguyen, P.C. to find out how we can protect you.