Assault Family ViolenceFort Worth Criminal Defense Attorney
Felony and Misdemeanor Domestic Violence Charges
A first offense of assault family violence is a Class A Misdemeanor. However, the consequences are very serious. We have a proven track record for getting these cases dismissed. Our lawyers actually take the time to meet with the complaining witness (i.e. victim) and work with the prosecutors to get charges dropped. Despite being misdemeanor cases, domestic violence charges are complicated and sensitive. We take these charges seriously.
Getting assault charges dropped can be a long and difficult process, especially without the help of an experienced criminal defense attorney. Cofer Law has put together a guide for dropping assault charges. Within this guide you will find common questions about the process of dropping assault charges and general guidelines or precautions to keep in mind. Take a look through our recommendations and call Cofer Law.
Download Guide for Dropping Charges
Assault Family Violence – Impeding Breathing
A first offense of an assault family violence charge can be a felony if you are accused of impeding breathing or circulation to the brain. Domestic violence lawyers need to have a good understanding of the law, trial strategy, and the local judicial practices. Tarrant County has very strict policies with regard to “family violence” cases, especially felony assault family violence charges. Instead of being filed in county criminal court, these cases are filed in felony district court and a grand jury decides whether these cases are indicted. The grand jury process provides us with an opportunity to get your case “no billed” (dismissed) before a felony charge is ever formally filed. We don’t waste time at Cofer Law. From the moment we start working with you, we immediately begin putting together a compelling grand jury presentation.
Assault by Choking / Strangulation
Assault Domestic Violence with Prior
If you have been convicted (placed probation) for domestic violence before your current case, then you are facing a felony charge. Like other felonies, we have the opportunity to convince a grand jury to “no bill” your case. If you are formally charged (by indictment) with assault family violence enhanced with a prior conviction you need a skilled and experienced trial team on you side. Our firm aggressively fights cases pre-trial and in trial. Throughout the state, we have the reputation for having a formidable trial team. Follow the link below to meet attorney Cody Cofer.
We’re Fighting for a Dismissal, Not a Deal
Assault Family Violence Attorney Cody Cofer is a former prosecutor that understands the unique issues that complicate assault family violence cases in both trials and negotiations. Our firm works tirelessly to defend your assault case both before and during trial. Usually, the earlier you hire an assault lawyer to work on your case the better your chances of success are. Call Attorney Cofer at 817.810.9395 so he can start gathering evidence for your trial and negotiating with the prosecutors. Assault family violence is a serious charge regardless of whether it’s a misdemeanor accusation or filed as a felony charge.
Assault Charges Based on False Statements
Most 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 (victims). It is a tragedy that domestic violence occurs, but it is also a tragedy that many lives are ruined by false allegations. In family and dating relationship conflicts, emotions can often run high and feelings can be tense or explosive. These situations often lead to a 911 call. An argument that could have been resolved within the home then spills over into the court system. Even when the complaining witness (victim) wants to “take back” the allegations, once the police respond to a complaint of family violence it is very difficult to undo the damage caused by false allegations. 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 “victim’s” (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 wants 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, this 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. If your case goes to trial you need an experienced and skilled trial attorney like Cody Cofer in the courtroom fighting for you in front of a jury. When dismissal is not an option, we fight to get you acquitted by a jury. Our Fort Worth Criminal Defense Lawyers are knowledgeable, well-versed in the law, and tenacious in the defense of our clients. To begin the investigation and defense of your assault family violence, call us.
What can happen to me if I’m charged with domestic violence?
Hopefully, you hire one of our Fort Worth Criminal Defense Attorneys, because we will do everything in our power to 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. Class A and felony charges have immediate and life-long consequences if you are found guilty. The assault attorneys at Cofer Law take their clients cases seriously and take pride in the fight. We want to meet you.