Assault (Including Family Violence)

  • Posted on: 26 November 2014
  • By: brent

Assault charges will follow you your entire life - you should never face an assault case without an attorney. The moment you get a call from a detective to give a statement, hire an attorney. The crime of Assault is based on unwanted contact between the "victim" and a defendant, so even the simplest "brushing past" or "pushing" may result in a case being filed. However, detectives and district attorneys do consider the facts from all sides when they have enough information to do so. In some cases, this means giving a complete written statement to a detective, in others, this may involve filing a grad jury packet on a felony assault case.

Punishments for an assault case vary widely - no client should be encouraged to take a "Family Violence" finding on an assault case, because that will impact a large number of future considerations, from child care (following a divorce) to immigration to background checks for a child's school or a new job. A good lawyer will always seek to reduce an assault case to simple assault through community service, classes, or evidence of a defendant's good character.

The most powerful tool the defense has in an assault case is the truth. Maintaining a positive relationship with the victim can often bring out the truth, and your attorney will likely want to procure an "Affidavit of Non-Prosecution" that states exactly how the incident occurred and suggests that the victim will not be likely to testify for the prosecution in a meaningful way. This affidavit is not the silver bullet to the case, but it is extremely helpful in encouraging a good plea or dismissal of the charges.

In most counties you are required to appear at all your court settings prior to accepting a plea agreement; however, in Dallas County hiring an attorney will allow that attorney to appear for you on misdemeanor cases. So once you've been arrested and bonded out, give me a call at (214) 870-9876 or email me at brent@burpeelaw.com and I'll file a Notice of Appearance in your case as quickly as possible. Don't waste your time going to the court house when you can hire me to do it for you! If you accept a plea agreement, my rates are inexpensive and I accept a flat fee with payment plans, if needed.