In Texas, it’s possible to be arrested for domestic violence based solely on the word of the alleged victim – without physical evidence. In this video, Fort Worth criminal defense attorney Benson Varghese discusses domestic violence charges in Texas, including assault against a family member and what you should do if you are accused of this serious offense.
Being charged with assault causing bodily injury against a family member is a particularly egregious offense to be charged with. First of all, as a condition of bond, the judge can impose a number of conditions before you ever even consider a plea or are much less conviction. These include curfews and restrictions that would keep you away from certain people, including the alleged victim.
The word strangulation or choking in a criminal context certainly puts a picture in your mind of a person being choked out or being put in a strangle hold to where they lose consciousness. The reality is, in Texas, to be charged with the felony offense of strangulation, which could land a person in prison for 2-10 years, requires no showing of redness, bruising, hand marks around the throat, petechia to the eyes. Instead, all that is required is for a person to say that their breath or circulation was restricted based on your actions.
One of the most surprising facts surrounding choking allegations is that most cases have absolutely no physical evidence. As a result, prosecutors will not dismiss cases simply because there is no physical evidence to back up the allegation.
An affidavit of non-prosecution may be helpful in an assault family violence case, but keep in mind, the prosecutors can be skeptical about affidavits of non-prosecution. These affidavits, which lay out the reasons why the alleged victim either no longer supports the allegations or admits they originally lied, end up being looked at critically by prosecutors because there could be other reasons why a person wants to file such an affidavit – this could be a relationship that they want to mend, they might have a financial dependency on the person whose been charged with the crime. As a result, prosecutors are reluctant to even consider dismissing cases simply on the basis of an affidavit of non-prosecution. Still, these are useful tools in your attorneys’ tool-belt.
It’s important to understand that when the police come out to a scene, if there’s an allegation that an assault occurred, the police are almost certainly going to arrest one of the people who are allegedly involved in the assault.
If you’re arrested for an assault charge, there are several things you should know. First, don’t speak to anyone about the accusation other than attorney – that includes over the phone, if you’re making that jail phone call, reason being those phone calls are recorded and they can be used against you.
When a person comes to us with an assault allegation, we take a look at the substance of the accusation, the credibility of the accuser, and we begin working on both things that eviscerate the State’s case and go to mitigate against any possible consequence against you.
Have you been accused of a domestic violence charge? Contact us today at (817) 203-2220 or reach out online for a complimentary strategy session. During this call we will: