Defending Assault/Family Violence cases

Defending Assault/Family Violence cases

Facts - The offense level of assault / family violence cases that involve only bodily injury is a class A misdemeanor up to a serious felony.

Is probation a possibility? - Usually, it is a possibility...but be warned. Probation (now called "community supervision") can be time consuming and expensive. Click here to learn more about probation.

The key to a good defense-

1. Call Kimberly Tucker at (972) 492-ATTY (2889) in the metro to schedule a consultation. Prior to coming in for your first consult, complete the Prospective Client Info - non-DWIs document.
2. You should also prepare a detailed written statement of what happened (detail all events leading up to your arrest) as soon as possible. Determine whether you have any witnesses that could help you should you decide to go to trial. Get their contact information and have them draft a brief statement.
3. These cases can have many suppression issues such as search and seizure issues, 5th amendment issues involving your right to remain silent, as well as, trial issues such as self-defense, defense of others, etc. We will discuss all these in order to determine whether it is best to plead or try your case.
4. Often times, the victim does not wish to pursue charges for various reasons. In these cases, I recommend exploring that issue and reviewing whether an "Affidavit of Non-Prosecution" could benefit your case.
5. There may also be federal ramifications regarding your right to carry a concealed handgun or possess a firearm.
   
   My philosophy on these assault/family violence cases:

If your plea offer involves a "straight probation offer", that means an automatic conviction. If this is your situation, you may have nothing to lose by trying your case. Because these situations ca also improve with time, it often best to set them for trial for that reason alone.

Please be sure to let me know if your case arose out of a divorce or child custody context.

If you are not a citizen of the United States, please be sure to let Mrs. Tucker's office know!