Assault against a family member is a charged as a class A misdemeanor, and its punishable by less than 1 year in jail and/or possible $4,000 fine. Fax: (682) 238-5577. At this point, there are no statewide first-time offender programs in the state of Oklahoma. FODP is a court program, but works like the DPP program. A second (or more) assault family violence allegation is called assault family violence enhanced) and is a third-degree felony. These probation eligibility laws are contained in the Texas Code of Criminal Procedure Article 42.12. Is choking someone Aggravated Assault? Your criminal history can result in serious penalties; repeat and habitual offenders may be sentenced to life in prison. My client was a world champion professional boxer. Call us to discuss whether your case is eligible for application to either one of these programs. Prosecutors are hesitant to jump from prosecuting simple assault, a misdemeanor, to aggravated assault, a more serious second-degree felony. It shows a lack of understanding of the Texas assault law and practical prosecuting realities. 604 E 4th Street, Suite 101 So, even though prosecution for false impeding breathing accusations is possible, it is not likely. Completing some of these programs are the best possible way to handle your criminal case, because you may be eligible to expunge your records sooner than a regular dismissal.. However, if the Grand Jury decides there is not probable cause to believe the crime occurred, then the Grand Jury No Bills the case. Assault Family Violence is probably the most serious misdemeanor offense in Texas. For example, diversion programs sometimes provide first-time offenders the opportunity to receive treatment and correct these issues without serving jail time. Under the pre-2009 law some cases were prosecuted and punished more harshly, but supporters of the law change said this was rarely done for several reasons: This list of concerns is taken from the Bill Analysis for the legislation that was ultimately passed into law. The language is really broad and allows for any conduct that puts pressure on a throat or neck to count. DPP lasts 8 months for those charged with a felony offense and only 4 months for a person facing a misdemeanor. Texas Assault of Family Member by Impeding Breathing Lawyers She set out to ruin his life with a wrongful accusation. Texas Penal Code 22.01 covers assault impeding breathing or circulation. Tarrant County has specialized domestic violence courts, and the District Attorneys Office has a specialized intimate partner unit of prosecutors. Once we get this straightened out, we can develop the rest of our strategy for getting yourassault charge dropped. Nothing on this site should be taken as legal advice for any individual case or situation. Many people did not want the law to change. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); In a criminal trial, there are differences in the way the proceedings work for first-time offenders vs. repeat offenders. My client was a dental student who started dating a dental hygenist student. Yes, these cases are criminalized under Texas Penal Code Section 22. Winning at this stage is your first and best chance of beating the assault family violence assault impeding breathing or by strangulation case. Both sides of a criminal case should get something out of a plea bargain. Some other qualifications include: No previous juvenile adjudication It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of physical abuse by that parent directed against the other parent, a spouse, or a child. Additionally, a person found guilty of a third degree domestic violence charge may be assessed a fine of up to $10,000. The DA (Sharen Wilson) obtained special funding from the Tarrant County Commissioners Court for a special unit of prosecutors to focus only on Intimate Partner assault cases. Sat & Sun: By appointment only. There are two kinds of probation, what we call straight probation and what we call deferred adjudication probation. The first, Straight Probation, means a person is: (1) found guilty; (2) assessed a prison/jail sentence; and (3) the sentence is suspended and the person is not imprisoned, but allowed to serve the sentence on probation. Deferred Prosecution Program - Texas Probation Violation - Criminal Is choking assault? If you think you might qualify for one of these pre-probation programs and are interested in possible expunction of your record or a non-disclosure order, call us today. Disclaimer: the information here is not legal advice. (4 reviews) Under Texas Penal Code Section 46.04, if you have been convicted of an offense under Texas Penal Code Section 22.01 (Assault) punishable as a Class A misdemeanor and the assault involves a member of the persons family or household, then it is a crime in Texas to possesses a firearm (gun) before the fifth anniversary of the later of: This provision relates to misdemeanor family violence charges. COFER LUSTER LAW FIRM, PC My client was a lawyer who had an argument with his wife after both had been drinking. You should get a call from the prosecutor handling the case to discuss any injuries you had and how you feel about punishment.