Fort Worth Continuous Assault Family Violence Attorneys
A large percentage of our caseload is made of domestic violence charges. Continuous family violence is one of the more serious domestic dispute criminal charges. Sometimes things get out of hand, the police get called, and your life is turned upside down – a trip to jail, detective calling, court dates, and maybe Child Protective Services at your door. Our Fort Worth criminal attorneys are here to help gather the pieces and get you back on track.
Defending your Continuous Family Violence case starts with sitting down with a Fort Worth criminal defense attorney and developing a strategy. Regardless of whether the “victim” in the case wants to drop charges, the case is not just going away. You will immediately feel better after you meet with us. Tell us about your situation, and then let us start doing some of the worrying for you. We want to help. Let us.
Attorney for Fort Worth Domestic Violence Cases
All assault charges are a serious, everything from an assault ticket to aggravated assault with a deadly weapon. A regular misdemeanor assault charge is elevated to a Third Degree Felony when the government accuses you of committing two or more domestic violence assaults within a 12 month period. In Texas, this is referred to as continuous family violence. Having a felony assault charge dropped can be more difficult than convincing the prosecutor to dismiss a misdemeanor assault. Finding an experienced attorney to handle your Continuous Family Violence may seem overwhelming. The internet is full of ads and “guides.” Our results and reviews speak loudly about what kind of lawyer you’re getting at Cofer Law. Don’t decide based only on the internet. Schedule several consultations with Fort Worth criminal attorneys. Call us, and we’ll meet with you today.
Our assault lawyers are familiar with the local practices and policies. Tarrant County prosecutors take an aggressive approach to assault family violence charges. Prosecutors around the state share continuous family violence success stories about prosecuting under the continuous family violence statute. Almost every Texas legislative session marches out aggressive changes to Texas assault law. Because assault family violence cases cannot be sealed (non-disclosed) if you receive deferred adjudication, assault defense has become increasingly important. Effectively fighting continuous family violence assault charges takes our experience, commitment, and skill.
Texas Law for Continuous Assault Family Violence
Texas Penal Code § 25.11: Continuous Violence Against the Family
(a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71. 0021(b), 71.003, or 71.005, Family Code.
(b) If the jury is the trier of fact, members of the jury are not required to agree unanimously on the specific conduct in which the defendant engaged that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a) or the exact date when that conduct occurred. The jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a).
(c) A defendant may not be convicted in the same criminal action of another offense the victim of which is an alleged victim of the offense under Subsection (a) and an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense:(1) is charged in the alternative;(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count under Subsection (a) if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed against a single victim or members of the same household, as defined by Section 71.005, Family Code.
(e) An offense under this section is a felony of the third degree.