Assault – Family Violence occurs when a member of your family, someone who has a dating relationship with you, or someone who resides in your home senses a threat of imminent personal danger.
Many people are surprised to find out is that it is not necessary for the alleged victim to have sustained any physical harm. The threat alone of such harm is enough to constitute assault under the law.
This is one of the most deceptively serious offenses you can face. Simply put, many people don’t realize how serious this offense is or how everyday situations can be charged under this very serious crime. Examples of Assault – Family Violence can include an argument between siblings, which is as simple as a slap or wrestling. Another example is between couples, if one spouse/significant other pushes another out of the way during a fight. If any physical contact caused pain, injury, or loss of normal use of physical facilities of a protected person then the conduct may be punishable under this statute.
Many people are surprised how everyday situations can quickly spin out of control and result in people being charged under this statute originally designed to protect battered wives/spouses. If your charges might fall under this statute, it is exceptionally important that you have quality legal representation.
Crimes prosecuted under this provision are automatically enhanced to a Class A misdemeanor. There are additional and serious consequences should there be a finding of family violence in your case. This can include being prohibited from owning or possessing a firearm or ammunition for many years or even the rest of your life. Additionally, these charges can result in you being ineligible for many jobs or programs for years to come.
Lastly, depending on the disposition in your case, if you are ever charged again with assault–family violence, the State can prosecute you under the felony statute.
It is essential to speak with a knowledgeable criminal defense lawyer in order to fully understand your rights and responsibilities in your case if family violence could potentially be involved.
There are many ways an experienced lawyer can help you when you are facing an Assault – Family Violence charge:
- Get the charges dismissed
- Obtain a not–guilty verdict at a trial
- Dismiss the Assault and plead to a lesser offense
- Keep you out of jail
Our defense attorneys are ready to offer a detailed analysis of your situation and present options to assist in your defense. Contact the Segura Law Firm via our contact form or call 512.472.1580 to schedule a free initial consultation.
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