Matthew Goheen & Jon O'Toole
Collin County Family Violence Attorneys are Here to Help You
Collin county Family violence cases present their own unique set of challenges compared to the typical assault. In Texas, three different offenses are the most common when dealing with family violence criminal charges: assault-family violence, aggravated assault-family violence, and continuous violence against the family. Family violence cases range from misdemeanor offenses to felony offenses. Because the punishment or consequences can escalate to serious penalties so quickly in family violence cases, if you or a loved one are charged with a family violence case, it’s imperative to hire an experienced Collin county family violence attorney as soon as possible. The attorneys at Andor, Goheen, O’Toole, Wadas & Gonzalez, P.L.L.C., the Collin County Law Group, are ready to help you and answer all your questions.
Collin County Assault-Family Violence Cases are More Serious Than a Basic Assault
In Texas, assault charges can result from something as simple as a threat of bodily harm or be as serious as causing an actual injury that causes pain to someone else. If you’re facing assault charges, contact the Collin County Law Group for help. If the person injured is a family member, the charge becomes an assault-family violence, and the call to the Collin County Law Group is even more important. Assaults, throughout Texas, especially in Collin County, don’t require blood, guts, red marks, bruising, or broken bones. While assaults caused by threats may be class C misdemeanors and only result in a fine, threats that cause injury or pain become class A misdemeanors and can result in jail time as well as fines. You need an family violence assault attorney from the Collin County Law Group on your side to defend you and explain the possible outcomes.
Collin County Aggravated Assault in Family Violence Cases Have Severe Consequences
An assault in Collin County, Texas becomes an aggravated assault and thus a second-degree felony if the person injured has a serious bodily injury or a deadly weapon is used or displayed. If the injured party or complainant in the case is a family member the case may be enhanced from a second degree to a first-degree felony.
In addition to the assault and the family member elements of these particular offenses, the prosecutor will also need to prove either a deadly weapon was used or the injury was so bad it can be defined as a serious bodily injury. Both of those phrases have specific, legal definitions in Texas family violence cases, so you need an attorney on your side with the knowledge, experience, and know-how in aggravated assault-family violence cases. Your attorney should know if they need to engage an expert to help you fight your case and the quality of the expert the state is planning to use against you. In addition to the stigma of a family violence offense these types of cases can carry lengthy prison sentences and steep fines.
Continuous Violence Against the Family in Collin County are Unique Criminal Charges
If someone is charged with misdemeanor family violence twice in a twelve-month period, the prosecutor can choose to combine the two misdemeanors into a single third-degree felony charge. This can occur even if neither assault resulted in an arrest or conviction. Additionally, the two assaults don’t even have to committed against the same complainant. Making sure your attorney is aware of this charge and its implications is important in a Collin County family violence case.
What Does Family Violence Mean in Texas criminal charges and How Does it Impact Me?
A family violence allegation is a special allegation in Texas. This type of allegation enhances offenses when they’re committed against a family member, household member, or a person the offender is currently romantically involved with or has been romantically involved with in the past, including:
- a current or former spouse
- a person with whom the offender has or has had an ongoing dating or romantic relationship
- the child of a current or former spouse
- a person with whom the offender has a child or children
- a foster child or foster parent of the offender
- any family member of the offender by blood, marriage, or adoption
- a housemate or other person with whom the offender lives
In addition, anyone pleading to an assault family violence, regardless if it’s a misdemeanor or felony, in Texas can expect several other consequences. You can be required to pay restitution, your rights to possess or transport firearms and ammunition can be restricted, you also may be subject to a protective order that can impact where you live or who you can be around.
Why You Need an Experienced Collin County Family Violence Attorney
In a Collin County family violence case, you could face a jail sentence and a fine or you may receive a probation offer to resolve the charge. Your probation eligibility or the minimum amount of jail can be impacted by any prior conviction. Additionally, a past family violence conviction can be used to severely increase the penalty range in a future assault family violence case. Unlike other types of offenses where a deferred can’t be used to enhance new charges, a deferred in a family violence case can be used to enhance the punishment range. Additionally, where the case involves violence against a family member, it cannot later be sealed by a petition for non-disclosure. This means a person who pleads guilty and successfully completes deferred adjudication probation can never overcome the family violence label. It will follow that person for life.
Once the prosecutor is ready to make their case, they will move swiftly. It is important for you to contact a family violence assault attorney with experience in this area of criminal law for help. If you are facing charges of misdemeanor family violence, felony family violence aggravated assault or any offense enhanced by a family violence allegation make sure you have the best defense team available. Contact the Collin County Law Group today for a free consultation.