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If you have been charged with committing an act of family violence, it is imperative that you hire an attorney that can advise you of the serious consequences that a plea of guilty or a finding of guilt can have on you. Even if you plead guilty and receive a deferred adjudication, you will not have a conviction on your record but you will also never be able to remove the fact that you were charged and pled guilty to the offense. Also, any plea of guilty or conviction for a family violence offense precludes a person from owning or possessing a firearm or entering a career field that requires the use of a firearm. Most importantly, the second time that a person is accused of an offense involving family violence after a plea of guilty or a finding of guilt, the charge will be enhanced to a 3rd degree felony with a punishment range of 2 to 10 years in prison. The first offense of assault on a family member will be filed as Class A misdemeanor that carries a punishment of up to 1 year in the county jail and up to a $4,000 fine. According to Texas law, a family member includes anyone related by blood or marriage, members of the same household, and anyone who is currently or has been in a dating relationship.
If the police are called to your home because of a domestic disturbance, it is very likely that someone will go to jail. The alleged victim has no right to decide whether or not to prosecute someone or to drop charges when there are allegations of family assault. It is solely at the discretion of the State to decide whether or not to seek charges or dismiss a case against the accused.
Dustan Neyland has years of experience handling family assault cases in Harris County, Montgomery County, and all across the State of Texas. If you have been accused of assaulting family member anywhere in the State of Texas, contact us today to schedule a free in-person consultation at our office in Kingwood, TX, conveniently located within a short drive from Houston, TX and Conroe, TX.
The Law Offices of Dustan Neyland also represents clients who have been charged with a Class C offense of Assault by Contact – Family Violence and have received a notice to appear in the City of Humble Municipal Court, the Justice of the Peace Court in New Caney, TX, the City of Splendora Municipal Court, the City of Roman Forest Municipal Court, the City of Patton Village Municipal Court, and all Harris County Justice of the Peace Courts.
Contact us at (281) 312-0155 for a free consultation.