Answers to Questions about Domestic Violence Cases
- How do I drop assault charges in Tarrant County?
- Can the State pick up my assault charge?
- What makes a domestic violence charge a felony?
- Can I get probation for a domestic violence charge?
- Will I go to jail for a domestic violence charge?
- What is aggravated assault?
- What is a “family member” or “household member”?
- What is “Family Violence”?
Cody, as a skilled assault family violence attorney, can help you understand how to complete this process to get a dismissal of the case. This is often the first phase of representation in these assault cases. Cody worked as a prosecutor on hundreds of assault cases. He worked with abuse crisis center to evaluate cases, and many times he had to make the decision to honor the request of victims to “drop charges.” Because of his experience handling the difficult decision whether to go forward with prosecution or dismiss the case, he understands the pressure on prosecutors in these kinds of cases. Cody understands how to negotiate the very sensitive issues of getting an assault case dismissed. Regardless of how hard your attorney works on your case, your defense attorney can never guarantee charges will be dismissed. Be extremely cautious when dealing with attorneys that promise you a dismissal.
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It is possible to get assault charges dropped. However, in many cases the State will not drop the charges even when the “victim” does not want to prosecute. Generally, to have a chance at having assault family violence charges dropped, dismissed, or lowered the “victim” and the person charged will have to take very specific steps and the attorney for the person accused will need to do an effective job of presenting the case to the prosecutor assigned.
The process required to have a request for dismissal considered by the District Attorney’s Office varies greatly from county to county. Tarrant County has a “no drop” policy. Getting your request for a dismissal seriously considered is very difficult. A good criminal defense attorney will work with you to increase the likelihood of getting charges dropped or dimissed.
The process may include:
- An affidavit of non-prosecution (ANP);
- A sworn statement correcting what was said to police;
- Counseling sessions by the “victim”;
- Classes or counseling by the person accused; and
- Other conditions worked out during negotiations.
If you want to drop charges DO NOT speak with prosecutors until you have met with the criminal defense attorney handling the case. If you cannot get in touch with the criminal defense attorney handling the case, this may be an indication that your loved one needs to get a new attorney. Think about it, you’re the State’s star witness. A criminal defense attorney should make meeting with you a top priority.
If your loved one needs an attorney that will make their assault case a top priority call Cody L. Cofer , Attorney and Counselor at Law: (817) 810-9395 or visit his downtown Ft. Worth office.
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Yes. Even if the “victim” does not want to prosecute you, the State can, and most often will, go forward with an assault charge. In criminal cases, it’s not the injured party’s decision as to whether a case will be prosecuted. It is the State of Texas versus the defendant.
The State will use other witnesses to try to prove the assault charge at trial. Also, the State has the ability to subpoena the “victim” in a case. If the person does not show up to court, the State can get what is called a writ of attachment ordering a Sheriff’s Deputy to go out find the person and bring them to court. Prosecutors may threaten to throw “victims” in jail or charge them with making false statements to law enforcement if they refuse to testify to the same facts they’ve already told police.
You need someone that is going to work to get your case dismissed before it reaches this point. However, if a dismissal is not possible then you need a criminal defense attorney that is ready for this in trial. Defending these cases can be difficult and you need someone that is experienced and will do the leg work to get win your case.
Cody Cofer will make your case a top priority. He will investigate, aggressively negotiate, and skillfully try your case. If you can’t afford to have an assault on your record, call Cody L. Cofer , Attorney and Counselor at Law: (817) 810-9395 or visit his Tarrant County office on just blocks from the courthouse in Fort Worth.
A first offense of assault bodily injury of a family member is a Class A misdemeanor; however, a second offense is a third degree felony. A first offense may be charged as a third degree felony if the offense is alleged to have been committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. An domestic violence case may also be alleged an aggravate assault (First Degree Felony), a second degree felony, or third degree felony.
- Assault Family Violence with Prior
- Assault Family Violence Choking
- Aggravated Assault Family Violence
- Continous Family Violence Felony
The general probation eligibility laws apply to assault family violence cases, so you may be eligible for probation. However, probation may have additional requirements for people facing domestic violence charges. Certain types of probation do not have the same advantages for assault family violence charges. Before accepting probation, be sure you consult an Assault Criminal Defense Attorney to explain the short and long term ramifications of a conviction or deferred disposition.
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You may go to jail. Most cases with domestic violence allegations involve an arrest at the time the police receive a complaint. However, sometimes people are not arrest at the time of the complaint because they are not present or officers on scene do not believe there is a need. If you were not arrested at the time of the complaint of domestic violence and a case is filed, a bond will be set, and a warrant for your arrest will be issued. Contact a Criminal Defense Attorney to arrange a “walk through” at the Tarrant County Jail. This can reduce time you spend in jail, save you money, and reduce stress and inconvenience. Speak with a lawyer about jail release.
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You may be charged with “Assault Bodily Injury of a Family Member” based on a variety of different accusations. The police or district attorney’s office may label your charge this way if they are accusing you of assaulting someone you’re related to, someone you’ve lived with, or someone you’ve had a “intimate” relationship with. The following pages have more specific information:
Although, “family violence” is referenced throughout the Texas Penal Code and Texas Code of Criminal Procedure, the definition of family violence is found in the Texas Family Code. Most other references to family violence merely reference the code section found in the Family Code. The very important thing to remember is that family violence is not limited to those members of a person’s immediate family. “Violence” is not limited to what your might think of as traditionally assaultive in nature. Getting a family violence assault case dismissed can be very difficult. You need to contact an experienced assault family violence criminal defense lawyer. For a complete definition of “Family Violence”: [Read More]