Domestic Violence or Assault Family Violence Defense
Dismissal is Top Priority – Fight Your Charge from the Beginning
Fight for Dismissal - Criminal Defense
Assault Charges Based on False Statements
Many assault charges involve family members and/or conflicts in dating relationships. These charges often result from exaggeration or misstatements by emotional (sometimes intoxicated) complaining witnesses. It is a tragedy that domestic violence occurs, but it is also a tragedy that many people’s lives are ruined by false allegations. In family and dating relationship conflicts emotions can often run high and feelings can be tense or explosive. In these situations the police are often called. An argument that could have been resolved within the home can spill over into the court system. Even when the complaining witness wants to “take back” the allegations, once the police respond to a complaint of family violence it is very difficult to undo the damage a false allegation can do. A person cannot simply “drop charges” if the state decides to go forward with a case.
How to get assault charges dropped or dismissed?
Many counties have a “no drop” policy for assault family violence cases. It is not the complaining witness’ (i.e. husband, wife, girlfriend, or child) decision as to whether the prosecutor (often the district attorney) will go forward with a domestic violence case. If a complaining witness wants the charges dismissed there are often many steps that the “victim” must complete before the prosecutors will even consider a request for non-prosecution or dismissal.
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Can I be charged if the “victim” requests the charges be dropped?
You can, and likely will be. Individual citizens do not file criminal law suits, the State does. That’s why criminal cases are styled, “The State of Texas” versus a defendant. Also, it’s important to realize, Prosecutors work for an elected official (District Attorney or County Attorney), and the last thing a DA’s office want is a headline that reads, “Tragedy After DA Dropped Charges.” That’s why getting charges dropped can be a difficult process.
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What if I can’t get my assault case dismissed?
Just because a complaining witness wants charges dismissed and the complaining witness goes through these substantial steps for dismissal, does not mean the prosecutor will dismiss the case. Many times assault family violence cases will be tried even without the cooperation of the complaining witness, and the “victim” must actually be subpoenaed to appear in court against their wishes. This is when Cody’s experience and skill as a trial attorney will benefit you in the courtroom in front of a jury. When dismissal is not an option, Cody will fight to get you an acquittal from a jury or judge in trial. Cody is knowledgeable, well-versed in the law, and tenacious in the defense of his clients. Call Assault Attorney Cody L. Cofer in his downtown Fort Worth office to discuss your case: (817) 810-9395.
What can happen to me if I’m charged with domestic violence?
Hopefully, you hire a skilled criminal defense attorney that can get your case dismissed or get a “not guilty” from a jury. The possible punishment for domestic violence varies greatly depending on the specific assault charge. Some domestic violence cases may be handled as a ticket or Class C misdemeanor and others may have serious prison time as a consequence. Even Class C assault cases can have terrible consequences aside from just paying the fine. Any assault family violence case can potentially be used against you in child custody actions or used to drastically increase the punishment on a later offense.
Counties Served:
Cody L. Cofer is an experienced Assault Family Violence Defense Attorney who practices all over Texas, including Tarrant County, Denton County, Parker Count, Johnson County, Wise County, Collin County, and Dallas County.
You need a Dallas Criminal Attorney if you were arrested for assault involving a family member in Dallas, Addison, Cedar Hill, Carrollton, Cockrell Hill, Coppell, DeSoto, Duncanville, Garland, Grand Prairie, Grapevine, Highland Park, Irving, Lancaster, Lewisville, Mesquite, Richardson, Seagoville, University Park, Wilmer, Wylie.
You need a Collin County Criminal Attorney if you were arrested for assault involving a family member in Plano, McKinney, Carrollton, Celina, Dallas, Fairview, Frisco, Garland, Lucas, Melissa, Murphy, Nevada, New Hope, Prosper, Richardson, St. Paul, Westminster, Weston, Wylie.
You need a Denton County Criminal Attorney if you were arrested for assault involving a family member in Dallas, Argyle, Aubrey, Bartonville, Carollton, Coppell, Corinth, Denton, Flower Mound, Fort Worth, Hebron, Highland Village, Justin, Lake Dallas, Lakewood Village, Lewisville, Northlake, Plano, Prosper, Southlake, The Colony, Westlake.
You need a Tarrant County Criminal Attorney if you were arrested for assault involving a family member in Fort Worth, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Flower Mound, Grapevine, Grand Prairie, Hurst, Keller, Lakeside, Mansfield, North Richland Hills, River Oaks, Saginaw, Southlake, Westlak.
| Tarrant County Sexual Assault Defense Attorney | Fort Worth Aggravated Sexual Assault Defense Attorney | Texas Aggravated Assault Attorney |
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