Case Results:
Assault Family Member – Dismissed
Deadly Conduct (Motion to Adjudicate) – Dismissed
My client was charged with Assault Bodily Injury- Family Member. This is a Class A Misdemeanor, which is punishable by up to one year in jail and a $4,000 fine. He was also facing a Motion to Adjudicate his deferred probation for a deadly conduct case because of the new assault case.
When a defendant is on deferred probation, there are several rules and regulations he must follow. Most importantly, not committing a law violation and being charged with a new criminal offense. Motions to adjudicate are not held to the standard of “beyond a reasonable doubt.” Motions to adjudicate are held to a “preponderance of the evidence” standard.
My client, the defendant, was accused of intentionally, knowingly, or recklessly causing bodily injury to the complainant by striking her with his fist. My client and the complainant were in a public business room with several witnesses when the incident took place. The complainant suffered serious injuries to her face and mouth. Additionally, the assault was captured on camera, and there were pictures of the complainant’s face covered in blood.
It is further presented that the alleged act constitutes Family Violence in that the complainant is a member of the defendant’s family or household or a person with whom the defendant has or has had a dating relationship, as described in Section 71.003, 71.005, or 71.0021 (b), Family Code. To make matters worse, my client was serving a deferred probation sentence for deadly conduct. Because my client was charged with a criminal case while on probation, the state filed a motion to adjudicate the deadly conduct.
I was hired and began working on his cases. These cases were incredibly difficult because of witness statements, video recordings, and pictures. At our early court settings, prosecutors wanted jail time. The state felt my client had already been given a chance because he was placed on deferred probation instead of jail time. The state felt that my client needed to be punished because he could not follow the rules on probation.
Through my investigation, I was able to learn that the complainant had some credibility issues regarding what actually happened. Further, some of the facts supported that this was more of a mutual combat case and not an assault case.
After multiple court settings and countless meetings with the defendant and his family, I was able to get the assault – family member and motion to adjudicate–deadly conduct cases dismissed.
This was an incredible outcome due to the fact the evidence was stacked against us. Even with the incident captured on camera, several witnesses who stated my client assaulted the complainant, and the injuries the complainant suffered, I was able to get both cases dismissed.
It is important when facing a criminal charge or a motion to adjudicate that you hire an experienced criminal defense attorney that will do everything he can to get the case dismissed.
Why This Case Matters
Assault and family violence charges can follow you for life. Even a misdemeanor conviction can carry lifelong consequences, including the loss of gun rights and challenges with employment and housing. When probation is also on the line, the risks multiply.
That’s why it’s essential to work with a Harris County criminal defense attorney who understands how to fight these cases. Prosecutors often push for harsh penalties, but with the right defense strategy, it is possible to protect your rights and your future.
Have you been charged with assault, family violence, or you’re facing a motion to adjudicate probation in Harris County? Don’t face the system alone. Contact our criminal defense law office to schedule an attorney consultation.
State v. J.W.; Cause Nos. 2551*** & 1769***; County Court 12 & 178th Criminal District Court; Harris County, Texas
