Assault and Domestic Violence Attorney in Pearland, TX
The Law Office of John C. Caldwell is committed to providing robust legal defense for people facing assault and domestic violence charges. Being accused of these offenses can carry a significant societal stigma, and defendants may feel abandoned and pre-judged. We’re here to give you or your loved one legal representation that is highly competent on a professional level, and non-judgmental on a personal level.
Contact our Pearland domestic violence lawyer at (361) 348-8483 or use our online form to request a free consultation. We serve all of Brazoria County.
What Constitutes Assault and Battery in Texas
Battery is defined as the actual physical harm inflicted on another person, while assault pertains to the threat of inflicting that harm. Assault charges can be categorized into two types--simple and aggravated.
Simple Assault
Simple assault typically encompasses basic threats. However, for a threat to qualify as an assault, it must be perceived as credible by a reasonable person. For instance, a casual, heated comment like "I'm going to kill you" will depend on the context in which the statement was made. Simple assault may also involve unwelcome physical contact or reckless behavior that could reasonably lead to violence. When battery occurs, but the injuries are minor, the charge is usually simple assault.
Despite its name, simple assault can carry serious consequences. In Texas, it can be charged as a third-degree felony, which can result in a prison sentence of up to 10 years.
Aggravated Assault
A charge of aggravated assault may be brought if the alleged threat was carried out with a firearm or another lethal weapon. The severity of the injury typically determines whether an incident qualifies as aggravated assault.
The legal landscape surrounding assault and domestic violence is complex and constantly evolving. We understand the nuances of these charges and how they apply to your case, helping us build your legal defense.
Understanding Domestic Violence
Domestic violence encompasses offenses that typically fall under the legal umbrella of assault and battery. However, the defining factor that classifies an offense as domestic violence is the relationship that exists between the accused and the alleged victim.
If the defendant is a current or former spouse of the alleged victim, the charges may be elevated to domestic violence. Similarly, if there has been a romantic association, either in the past or ongoing, between the two parties, the charges could be for domestic violence.
The scope of potential victims extends to children or foster children related to the defendant, any relatives, and individuals cohabitating with the accused, regardless of whether there is a romantic or blood relation.
When an offense is categorized as domestic violence, this allows for the possibility of enhanced charges. This means that the defendant may face more severe consequences upon conviction.
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Common Mistakes When Charged with Assault or Domestic Violence
When facing assault or domestic violence charges, individuals often make several critical mistakes that can adversely affect their case. The most common of these errors include:
- Not Seeking Legal Counsel Early: Many defendants wait too long to hire an attorney, thinking they can handle the situation themselves, which can lead to poor decisions and missed opportunities for defense.
- Talking to Law Enforcement Without Representation: Some individuals believe they can explain their side of the story to the police, inadvertently providing statements that can be used against them in court.
- Ignoring Court Dates and Legal Requests: Failing to attend court hearings or respond to subpoenas can result in additional charges or a warrant for arrest.
- Discussing the Case on Social Media: Posting about the incident or legal proceedings online can be detrimental, as anything shared may be used as evidence.
- Making Contact with the Alleged Victim: Attempting to communicate with the alleged victim can be seen as harassment or an attempt to influence their testimony, leading to further complications.
- Underestimating the Severity of Charges: Some defendants assume that charges are not serious and fail to prepare adequately, which can result in harsher penalties.
How an Attorney Can Help You Avoid These Errors
A skilled attorney with experience handling assault and domestic violence cases can serve as your most valuable asset in navigating the legal challenges ahead. By seeking legal representation early, you gain access to expert advice that can prevent missteps, such as communicating with law enforcement without guidance. An attorney will help ensure you understand your rights and responsibilities, keeping you informed about court dates and legal procedures, which can mitigate the risk of additional charges. Furthermore, they can provide strategies for maintaining confidentiality around your case, particularly regarding social media usage. With an attorney's support, you can build a solid defense, effectively advocating for your rights and working towards minimizing the potential impact of the charges on your life.