Defense of Charge: Assault Family Member
Case Result: Dismissed First Setting
A daughter was accused of assaulting her mother with a shoe in Montgomery County. Texas.
My client was charged with Assault Bodily Injury- Family Member. This Class A Misdemeanor is punishable by up to one year in jail and a $4,000 fine. Specifically, the defendant did then and there intentionally, knowingly, or recklessly cause bodily injury to X, the complainant, by striking her with a shoe. It is further presented that the alleged act constated 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.
I convinced the state to dismiss this case at the first setting.
Assault Family Member cases in Montgomery County are extremely difficult because the county is very conservative and tough on crime.
My client was 26 years old with no criminal history. She was at her family home when an argument broke out between my client and her mother. Several family members were at the location, including her father and other relatives. My client was unhappy about how the complainant treated her younger sibling. My client confronted her mom about the behavior and an argument broke up. The police were called and arrived at the residence. After the police conducted their investigation, they decided to charge and arrest my client for Class A Misdemeanor Assault – Family Member.
My client bonded out and started interviewing lawyers to help her defend herself. After we met, she could tell that I would not be satisfied with anything other than a dismissal. Her initial court date was set for a month out, but I contacted the court and moved it up. I started my defense, interviewed the complainant, and collected character letters to show my client was a non-aggressive person.
We had out first court setting and I was finally able to meet with the prosecutor. I explained our position and why I thought this case should be dismissed. I convinced the prosecutor on the first setting that this case should be dismissed. My client was thrilled and I was happy that she could get her life back.
My client has business aspirations and did not need this case or any trace of the arrest on her record. Cases that are dismissed can still show up on background checks. My client hired me to file an expunction to help clear her record and any documents showing the arrest and prosecution of her class A Assault Family Member case.
An expunction is a lawsuit naming all parties that helped charge/prosecute my client. Once the expunction is final, all state records and arrest records are ordered to be destroyed by a judge. It is important to hire an experienced criminal defense attorney who has experience in defending Assault Family Member cases and getting them expunged. Contact the Tyler Brock Law Criminal Defense law firm for a consultation.