There is a great campaign in this country to fight family violence. The federal government grants enormous amounts of money to local and county agencies to combat this great new war.
While the aim is good (reduce family violence) the method is wrong. Arguments and domestic disturbances between loved ones is nothing new. Often times these arguments become physical.
Although we can all agree that people who assault their loved ones should be counseled to channel that energy in nonviolent ways and taught to communicate with their significant other, The District Attorneys office will wage total war against you if you are charged with assault family violence.
The District Attorney’s office is not interested if your spouse or loved one wants to drop charges.
In fact, many people are under the misconception that a person has to file charges against another person, which is simply untrue. If you are charged with a crime your charges will be style The State of Texas vs. [insert your name here]. Only the District Attorney’s office has the discretion to dismiss any charges against you.
You can count on the fact that the District Attorney’s office will attempt to prosecute you to the fullest extent of the law even without the cooperation of your spouse or loved one.
There are, however, ways to fight back. Mr. Smith has represented many citizens accused of assault-family violence with great success.
Finally, it is important to vigorously defend yourself if you are accused of family violence-assault. Pleading guilty or no contest to such charges can have huge implications down the road. For instance, a second family violence case against you may be filed on you as a felony even if the underlying first assault was that of a class "C" (punishable by a fine only).
In other words, if you are thinking "hey, no big deal, I’ll just take a year probation on this little misdemeanor", you might think twice. The next time you have an argument with your spouse or loved one can turn into a felony nightmare.
In addition, a family violence case may affect your right to own or possess handguns.
Without question, if you are charged with such a case it is imperative that you seek qualified representation immediately.