Board-Certified Expertise in Defending Assault Family Violence Cases

If you’ve been arrested for assault family violence, it’s crucial to take immediate and careful steps to protect your rights and avoid making the situation worse. Here’s what you should do:

 1. Avoid Contact with the Alleged Victim:

 • Do not attempt to contact the alleged victim directly, even if you feel the charges are based on a misunderstanding or false accusations. This includes phone calls, text messages, social media, or in-person contact.

 • A no-contact order may already be in place as part of your release conditions, and violating it can lead to additional charges or the revocation of your bond.

 2. Remain Calm and Cooperative:

 • While being arrested is highly stressful, resist the urge to argue with the officers or try to explain your side of the story at the scene. Anything you say can and likely will be used against you in court.

 3. Exercise Your Right to Remain Silent:

 • Do not discuss the details of your case with law enforcement or anyone else. Politely inform officers that you wish to speak to an attorney before answering any questions.

 4. Document the Events:

 • As soon as possible, write down everything you remember about the incident. Include details such as times, locations, witnesses, and any interactions with law enforcement. This information can be valuable in building your defense.

 5. Secure Legal Representation Immediately:

 • Assault family violence charges are taken very seriously in Texas, and the consequences of a conviction can be severe. Hiring an experienced attorney, especially one with expertise in criminal defense and family violence cases, is essential.

 • A board-certified criminal defense attorney, like the experts at Wyde & Associates, can evaluate the evidence against you, challenge the prosecution’s case, and develop a strategy to protect your rights and your future.

 6. Follow All Release Conditions:

 • If you’ve been released on bond, make sure to comply with all court-imposed conditions, such as attending hearings, avoiding contact with the alleged victim, and staying away from certain locations. Violating these conditions can lead to additional legal trouble.

 7. Gather Evidence in Your Defense:

 • Preserve any evidence that may support your case, such as text messages, emails, or witness statements that show your side of the story. Your attorney can help you collect and analyze evidence to build a strong defense.

 8. Avoid Social Media:

 • Do not post about your arrest or the alleged incident on social media. Prosecutors may use your posts as evidence against you, even if they seem unrelated to the case.

A conviction for assault family violence in Texas carries serious consequences that can impact nearly every aspect of your life. Here’s a breakdown of what you may face if found guilty:

1. Criminal Penalties

 • Jail Time:

 • For a Class A Misdemeanor (the most common charge for assault family violence), you could face up to 1 year in jail.

 • For a Third-Degree Felony (e.g., involving strangulation or a prior conviction), the sentence increases to 2-10 years in prison.

 • Fines:

 • Misdemeanor convictions can result in fines of up to $4,000.

 • Felony convictions carry fines of up to $10,000.

2. A Permanent Criminal Record

 • An assault family violence conviction becomes part of your permanent criminal record, which can:

 • Appear on background checks for jobs, housing, and other opportunities.

 • Prevent you from sealing or expunging your record, as family violence convictions are generally ineligible for expunction or non-disclosure in Texas.

3. Firearm Rights

 • Under federal law (18 U.S.C. § 922(g)(9)), a conviction for family violence can permanently bar you from possessing or purchasing firearms.

 • In Texas, this restriction applies even to misdemeanor convictions involving family violence.

4. Employment and Housing Consequences

 • Employment:

 • Many employers are hesitant to hire individuals with violent offenses on their record, especially if the position involves working with vulnerable populations or public trust.

 • Housing:

 • Landlords often deny rental applications to individuals with criminal records, particularly for violent crimes.

5. Impact on Family and Custody

 • If children are involved, a conviction can lead to:

 • Loss of Child Custody: Courts may restrict your visitation rights or deny custody altogether if they determine you pose a risk to the child.

 • Protective Orders: A protective order issued against you may limit your ability to see your family or visit your home.

6. Immigration Consequences

 • If you are not a U.S. citizen, a conviction for assault family violence can lead to:

 • Deportation: Family violence offenses are considered crimes of moral turpitude under immigration law.

 • Denial of Citizenship or Permanent Residency: A conviction can bar you from obtaining legal status in the U.S.

7. Social and Personal Repercussions

 • Reputation:

 • A conviction can tarnish your reputation within your community, among family and friends, and within professional circles.

 • Relationships:

 • A protective order may lead to strained or severed relationships with family members and other loved ones.

8. Long-Term Financial Costs

 • In addition to fines, you may face other financial burdens such as:

 • Court fees and legal costs.

 • Loss of income during incarceration or due to limited job opportunities post-conviction.

 • Potential civil liability if the alleged victim files a lawsuit against you.

Why You Need a Skilled Defense Attorney

An assault family violence conviction can change your life forever, but it is not inevitable. A skilled criminal defense attorney can:

 • Analyze Evidence: Identify weaknesses in the prosecution’s case.

 • Negotiate: Work to reduce or dismiss charges.

 • Advocate in Court: Build a strong defense to protect your rights and future.

If you’re facing an assault family violence charge, contact Wyde & Associates immediately. With decades of experience and board-certified expertise in criminal defense, we’ll fight to protect your rights and help you achieve the best possible outcome.

In Texas, once an arrest for assault family violence has been made, the decision to pursue or drop charges is entirely in the hands of the prosecutor—not the alleged victim. Even if the alleged victim wishes to “drop the charges” or recants their statement, the prosecutor has the sole authority to determine whether to proceed with the case.

Why Can’t the Alleged Victim Drop the Charges?

 • Public Policy: Texas treats family violence cases as a matter of public safety, not just a private dispute. The state believes that family violence has far-reaching consequences, including risks to children and the community. As a result, the decision to pursue charges lies with the prosecutor to prevent coerced or pressured recantations by alleged victims.

 • Evidence-Based Prosecution: Even if the alleged victim refuses to cooperate or retracts their statements, the prosecutor can proceed with the case based on other evidence, such as:

 • Police reports.

 • Body camera footage.

 • Witness testimony.

 • Medical records or photographs of injuries.

Can Charges Be Dismissed or Reduced?

Although the alleged victim cannot directly drop charges, there are ways a skilled criminal defense attorney can work to reduce or dismiss the charges:

 1. Persuading the Prosecutor:

 • An experienced attorney can present evidence or arguments to show that:

 • The case lacks sufficient evidence to prove the charges beyond a reasonable doubt.

 • The alleged incident was a misunderstanding or does not meet the legal definition of assault family violence.

 • The alleged victim’s statements are inconsistent or unreliable.

 2. Filing Pre-Trial Motions:

 • Your attorney can file motions to suppress evidence or exclude certain testimony if it was obtained unlawfully or is inadmissible.

 3. Diversion Programs:

 • In some cases, prosecutors may agree to dismiss charges if the accused successfully completes a pretrial diversion program, which may include counseling, anger management, or community service.

 4. Negotiating Lesser Charges:

 • Your attorney may negotiate with the prosecutor to reduce the charge from family violence to a lesser non-violent offense, which carries fewer long-term consequences.

What Can You Do to Help Your Case?

 1. Hire a Skilled Attorney:

 • A qualified criminal defense attorney with experience in assault family violence cases is essential to building a strong defense and negotiating with the prosecutor.

 2. Follow Court Orders:

 • Comply with any protective orders, bond conditions, or court requirements to avoid additional charges.

 3. Gather Evidence:

 • Work with your attorney to collect evidence that supports your version of events, such as witness statements, text messages, or emails.

 4. Stay Silent:

 • Avoid discussing the case with anyone other than your attorney, as statements made to others can be used against you in court.

The Role of a Defense Attorney

At Wyde & Associates, we have decades of experience handling assault family violence cases. We understand how prosecutors build these cases and use that knowledge to advocate for our clients. From challenging evidence to negotiating dismissals or reductions, our team is committed to achieving the best possible outcome for you.

If you’re facing assault family violence charges, contact us today for a confidential consultation. We’ll evaluate your case and guide you through this challenging process.

Under Texas Penal Code § 22.01, assault family violence occurs when an individual intentionally, knowingly, or recklessly:

 • Causes bodily injury to a family or household member.

 • Threatens imminent bodily injury.

 • Engages in physical contact that is offensive or provocative.

Family or household members include:

 • Spouses or ex-spouses.

 • Parents and children.

 • Siblings.

 • Individuals in a dating relationship or cohabitation.

The penalties for assault family violence in Texas vary depending on the circumstances of the case but can include:

Class A Misdemeanor:

 • Up to 1 year in jail.

 • Fines up to $4,000.

Third-Degree Felony (e.g., choking or prior convictions):

 • 2 to 10 years in prison.

 • Fines up to $10,000.

Additional Consequences:

 • Loss of firearm rights.

 • A permanent criminal record.

 • Difficulty securing housing, employment, or loans.

 • Strained family and personal relationships.

1. Criminal Penalties

 • Jail Time:

 • For a Class A Misdemeanor (the most common charge for assault family violence), you could face up to 1 year in jail.

 • For a Third-Degree Felony (e.g., involving strangulation or a prior conviction), the sentence increases to 2-10 years in prison.

 • Fines:

 • Misdemeanor convictions can result in fines of up to $4,000.

 • Felony convictions carry fines of up to $10,000.

2. A Permanent Criminal Record

 • An assault family violence conviction becomes part of your permanent criminal record, which can:

 • Appear on background checks for jobs, housing, and other opportunities.

 • Prevent you from sealing or expunging your record, as family violence convictions are generally ineligible for expunction or non-disclosure in Texas.

3. Firearm Rights

 • Under federal law (18 U.S.C. § 922(g)(9)), a conviction for family violence can permanently bar you from possessing or purchasing firearms.

 • In Texas, this restriction applies even to misdemeanor convictions involving family violence.

4. Employment and Housing Consequences

 • Employment:

 • Many employers are hesitant to hire individuals with violent offenses on their record, especially if the position involves working with vulnerable populations or public trust.

 • Housing:

 • Landlords often deny rental applications to individuals with criminal records, particularly for violent crimes.

5. Impact on Family and Custody

 • If children are involved, a conviction can lead to:

 • Loss of Child Custody: Courts may restrict your visitation rights or deny custody altogether if they determine you pose a risk to the child.

 • Protective Orders: A protective order issued against you may limit your ability to see your family or visit your home.

6. Immigration Consequences

 • If you are not a U.S. citizen, a conviction for assault family violence can lead to:

 • Deportation: Family violence offenses are considered crimes of moral turpitude under immigration law.

 • Denial of Citizenship or Permanent Residency: A conviction can bar you from obtaining legal status in the U.S.

7. Social and Personal Repercussions

 • Reputation:

 • A conviction can tarnish your reputation within your community, among family and friends, and within professional circles.

 • Relationships:

 • A protective order may lead to strained or severed relationships with family members and other loved ones.

8. Long-Term Financial Costs

 • In addition to fines, you may face other financial burdens such as:

 • Court fees and legal costs.

 • Loss of income during incarceration or due to limited job opportunities post-conviction.

 • Potential civil liability if the alleged victim files a lawsuit against you.

Why You Need a Skilled Defense Attorney

An assault family violence conviction can change your life forever, but it is not inevitable. A skilled criminal defense attorney can:

 • Analyze Evidence: Identify weaknesses in the prosecution’s case.

 • Negotiate: Work to reduce or dismiss charges.

 • Advocate in Court: Build a strong defense to protect your rights and future.

If you’re facing an assault family violence charge, contact Wyde & Associates immediately. With decades of experience and board-certified expertise in criminal defense, we’ll fight to protect your rights and help you achieve the best possible outcome.

At Wyde & Associates, we take a personalized approach to building a strong defense strategy. Depending on your case, possible defenses may include:

 • Self-defense: You acted to protect yourself from harm.

 • False allegations: The charges are fabricated or exaggerated.

 • Lack of evidence: The prosecution does not have sufficient proof.

 • Mutual combat: The incident involved mutual confrontation without clear fault.

We meticulously analyze every aspect of your case, from police reports to witness statements, to identify weaknesses in the prosecution’s case and fight for the best possible outcome.