The Woodlands Assault and Family Violence Lawyer

Penalties for Assault, Family Violence, or Domestic Violence in Texas

Family violence, also known as domestic violence, is a serious charge in Texas. Whether it’s between strangers or family members, it’s nothing to take lightly. The penalties vary but are more severe if the violence is directed towards a family member, a member of the household, or a person the offender is currently dating or has dated in the past.

Every situation is unique and it’s important to talk to an experienced assault and family violence lawyer before making any decisions. Here’s a brief overview of the different classes of penalties in Texas:

Class A Misdemeanor: If a person knowingly, intentionally, or recklessly causes bodily injury to another, including a family member, it may be charged as a Class A misdemeanor, punishable by up to 1 year in jail and/or a fine up to $4,000.

Third Degree Felony: If the offender has a previous conviction for family violence, or if the violence involves choking or suffocation, the crime can be charged as a third-degree felony. This carries a penalty of 2 to 10 years in prison and/or a fine up to $10,000.

Second Degree Felony: If the assault causes serious bodily injury to a family member, it can be charged as a second-degree felony, punishable by 2 to 20 years in prison and/or a fine up to $10,000.

First Degree Felony: If the assault involves a weapon and causes serious bodily injury to a family member, it can be charged as a first-degree felony. The penalty can be life imprisonment or a term of 5 to 99 years, along with a fine up to $10,000.

Please note that these are general penalties, and the specific circumstances of an individual case can influence the punishments.

If you or someone you know is facing charges of assault or family violence, seek help immediately. The Law Firm of Andrea M. Kolski is here to assist you. For immediate assistance, call us at 832-381-3430.

False Accusations of Assault or Domestic Violence

False accusations of assault or family violence can occur in various ways and are unfortunately all too common. They can arise in the heat of a moment, during an argument, or in emotional situations. Unfortunately, they’re also used as a tool during legal disputes like divorce or child custody battles, with one side trying to gain an upper hand.

Misunderstandings are a common problem with false accusations. What one party perceives as a threat or assault, another might see as a normal, non-violent reaction. In some cases, someone mistakenly believes they’re a victim of assault or family violence when the reality is they’re not.

Another common situation is when someone makes up a story entirely, accusing someone of assault or family violence that never occurred. This is often done with malicious intent, in order to harm the accused person’s reputation, career, or personal relationships.

In some cases, false accusations can be the result of mistaken identity. The accuser may genuinely believe they’ve been assaulted or subjected to family violence and they misidentify the person responsible.

False Accusations and Contested Divorces

There’s a disturbing trend of false accusations of assault or family violence in contested divorces. A contested divorce is a divorce where the two parties can’t agree on one or more key issues to conclusively terminate their marriage. An experienced family law attorney can help navigate the stress of a divorce and protect your rights. Typical disagreements include child custody, alimony, division of marital assets, or scheduling. Unfortunately, the high-stress nature of these disputes can escalate into false accusations of assault or family violence.

False accusations are typically made for various reasons. One party may be trying to gain an upper hand in child custody disputes, hoping that allegations of violence will sway the court’s decision in their favor. Sometimes, one spouse may accuse the other out of spite or revenge, made worse by the emotional turmoil of the divorce process.

Whatever the reason may be, false accusations can have severe consequences. They can tarnish the reputation of the accused, leading to loss of employment, social stress, and anxiety. In more severe cases, they can even result in criminal charges and jail time.

If you find yourself in such a situation, it is vital to seek legal counsel immediately. The Law Firm of Andrea M. Kolski understands the gravity of such accusations and is dedicated to protecting your rights and reputation. If you’ve been falsely accused during a contested divorce, don’t hesitate to contact us at 832-381-3430.

Don’t Risk Your Future

Accusations of assault or family violence can have significant impacts on your future. These accusations can lead to serious legal consequences, such as jail time, hefty fines, and a criminal record. Even if the person is not convicted, the mere existence of these charges can tarnish their reputation, affecting their personal and professional relationships.

In today’s wired world, employers conduct background checks, and a record of assault or family violence can be a red flag on your record. It can also limit opportunities for career advancement. Unfortunately, many companies won’t consider anyone with a criminal record.

On a personal level, accusations of assault or family violence strain relationships between family and friends. False accusations can lead to loss of child custody or visitation rights, and they can have a serious negative impact on divorce proceedings. Sadly, false accusations can affect the mental and emotional health of both accuser and the accused.

How an Assault or Family Violence Lawyer Protects You

Being accused of assault or family violence can be a distressing and overwhelming experience. You want an experienced attorney by your side to navigate the complex legal landscape and help protect your rights. Here’s how an attorney can assist you:

• Understanding the Law: The legal jargon and procedures involved in these cases can be confusing. An experienced assault and family violence attorney will help you understand your charges, potential penalties, and the legal processes involved.
• Building a Defense: Experienced attorneys have the knowledge to construct a solid defense strategy based on the facts of your case. This could include challenging the credibility of the accuser, disputing the evidence, or arguing self-defense.
• Representation in Court: An attorney will represent you in court, ensuring your side of the story is heard and your rights are protected. Sometimes they can stand in for you and allow you to work or keep other appointments.
• Scheduling court dates and appearances: Dealing with the court can be stressful and an experienced attorney can help accommodate your work schedule or other obligations.
• Negotiating Plea Deals: In some cases, your attorney can negotiate a plea deal with the prosecutor, which could result in reduced charges or sentencing.
• Emotional Support: A competent attorney provides not only legal, but also emotional support, helping you manage the stress and anxiety that often accompany such charges.

You may wonder when the right time to hire an assault or family violence lawyer is. The simple answer is, the sooner, the better. The moment you are involved in an assault or family violence case, whether accused or a victim, the first step should always be to seek legal counsel.

If you find yourself in need of an assault or family violence lawyer, The Law Firm of Andrea M. Kolski is here to help. With over 22 years of experience and a deep understanding of the law, we can guide you through your legal journey. Contact us today at 832-381-3430 to discuss your case.