Assault Family Member – Dismissed
Previous charge from a felony case of felony impeding breath- family member with the same complainant
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 termination from his employment because of the security clearance his job required.
My client, the defendant, was accused of intentionally, knowingly, or recklessly causing bodily injury to the complainant (his wife) by pulling her hair and slamming her head on the ground, causing her pain.
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 or 71.005 or 71.0021 (b), Family Code.
My client had a high-security job that required him to maintain a clean criminal record to allow him access to several facilities. This case was particularly difficult because there was a prior allegation that my client choked the complainant. Typically, the District Attorney’s office looks at cases with more scrutiny when there are several allegations involving violence with the same complainant.
The state felt my client had already been given a chance because his previous felony case was no-billed by the grand jury. The state felt that my client needed to be punished and believed the complainant.
Through my investigation, I was able to learn that the complainant had some credibility issues regarding her account of what happened during the incident. The complainant alleged that, while she was sleeping, my client came home late one night and grabbed her by the hair and threw her to the ground. She alleged that she felt pain when my client pulled her hair and when she hit her head on the ground.
The complainant did not make a 911 call until later that morning. When officers arrived, they documented the complainant’s allegations and took pictures for evidence. Pictures did show a small mark on the complainant’s head consistent with her story.
Through my investigation, I uncovered evidence that the complainant was having an affair and was using this allegation to help her in the divorce proceedings.
After multiple court settings and countless meetings with the defendant and his family, I was able to get the assault – family member dismissed.
This was a great outcome due to the fact that the complainant made several consistent statements and had a previous allegation of violence against my client. Further, my client must maintain a clean record because of his employment and the security clearance it requires.
It is important when facing a criminal charge that you hire an experienced criminal defense attorney who will do everything he can to get the case dismissed. I was very happy for my client and glad that he got his life back.
