Assault Family Violence Charge?


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Arrested or Charged with Assault?

Family violence has serious repercussions…

At Gallian Firm, Assault Family Violence arrests are one of the most common allegations that my client’s face.  In today’s climate, an allegation alone (even without supporting evidence or injuries) will lead to an arrest for Assault Family Violence.  Police officers from departments all across Dallas-Fort Worth are “unofficially” instructed by their Sergeants and Chiefs that if they are called to a house about an assault altercation, that they are to arrest and/or remove someone from the scene.  Most of the time, it is going to be the male.  It doesn’t take much for the Officer to make an arrest but it takes the right Assault Family Violence criminal defense attorney to make sure that arrest gets erased from your record completely. 

An assault charge can range anywhere from a Class C Misdemeanor (punishable by fine only) up to a Felony where potential prison time is at stake.  Under the laws and codes of Texas, the offense of assault is committed when:

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse. 

Under the Family Code, the term “family” is extremely broad and includes any of the following: 

“Family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.

If you have been arrested for Assault, you need the right lawyer behind you at all times.  Call Gallian Firm and let me start working immediately.

Frequently Asked Questions:

Call 214.432.8860 to schedule an appointment or do it entirely online here

Yes, it is possible.  If your case is dismissed or we win at trial, you are entitled to an expunction under the Texas Code of Criminal Procedure

Easy. Call 214.432.8860 or click here.

Every case is different and warrants its own analysis.  However, my prices are very reasonable for the services provided. 

Unfortunately, this happens more than you might think.  I have represented a lot of people who were arrested for no reason.  Check my results page – it speaks for itself.  

If you have been charged with family violence of domestic violence, it is critical that you reach out to a top domestic violence defense lawyer in Dallas right away.  Gallian Defense Firm is the best choice to protect your rights and your future if you are facing allegations of domestic or family violence in Dallas, Texas.

Domestic and family violence are serious allegations that you knowingly and intentionally assaulted a current or former family member.

If convicted of family violence you could face harsh penalties, including spending time behind bars and costly fines. A domestic and family assault violence conviction would also result in irreparable damage to your reputation. These charges are also a potential threat to child custody, future housing, and employment opportunities.

Domestic and family assault violence is a confusing area of law that oftentimes involves a range of additional criminal charges. The following information was compiled from the most common client questions about domestic violence charges in Texas.

Texas law defines assault as a person intentionally, knowingly, and/or recklessly causing bodily injury to another individual.

Examples of Bodily Harm Include:

  • Scratching
  • Hitting
  • Grabbing
  • Pushing

If you have been arrested for assault, you need the right lawyer fighting for you. Gallian Firm has extensive experience in domestic violence cases throughout the state of Texas.

Domestic and family violence are allegations that an assault was knowingly committed against a member of the family. The definition of family is broad in Texas law. The following relationships are defined as family, regardless of the living situation: 

  • Related by Blood or Marriage
  • Former Spouses/ Partner
  • Parents of the Same Child
  • Foster Parent/Child
  • Stepparent/Stepchild
  • Another Member of Household

There does not need to be proof of bodily injury for an individual to be arrested and charged with domestic violence. A mere allegation is sufficient.

No, the terms family violence and domestic violence both refer to the same criminal allegations. There are three main types of these charges, each with varying severity and circumstance. These include domestic violence, aggravated domestic violence, and continuous violence against the family.

Aggravated domestic violence is a serious crime.  An assault is deemed ‘aggravated’ if a deadly weapon is used and/or if serious injuries result from the incident. The crime could also be considered aggravated if the assailant is accused of behaving recklessly.

Serious Injuries Could Include:

  • Head Injuries
  • Broken Bones
  • Loss of Limbs
  • Injuries That Require Surgery and/or Hospitalization

A deadly weapon is defined as any object that has the potential to inflict serious injuries.

A charge of continuous violence against the family is applicable if two crimes of domestic violence are committed within a 12 month period. These instances do not have to occur in the same case or against the same individual.

Domestic violence charges are a threat to your future and reputation and false charges of domestic violence should be treated with extreme care. These allegations, especially when false, require the services of a bold and experienced criminal defense attorney. False allegations often result from underlying issues, including:

  • Jealousy
  • Anger
  • Child Custody
  • Divorce Issues

Being falsely accused and charged with domestic violence is an occurrence that happens more often than many people are aware. Gallian Defense Firm has gone to court for hundreds of clients accused of crimes that they did not commit.

It is critical to your defense case that you do not violate any protective order that is in place. Violating a protective order would only worsen your case and will result in additional criminal charges.

Gallian Firm understands that a protective order can be frustrating, especially if there are minor children involved. But it is critical to your defense case that you comply with the law. Stay away from the accuser and avoid all communications, including phone, email, or in-person contact until further notice.

Yes, a motion will need to be filed to get a protective order terminated. This will require a hearing to determine whether the order should be lifted.

Violating a protective order would result in an additional Class A misdemeanor, which carries up to 12 months in jail and $4000 in fines. Doing so will also threaten your domestic violence case and may result in a conviction.

There are other charges that are commonly associated with domestic violence cases. These additional charges may determine the severity of the charges and the harshness of the penalties incurred. These crimes from misdemeanors to serious felony charges.

An individual can be charged with the unlawful installation of a tracking device for knowingly installing a tracking device on a vehicle that is not their own. This includes any device that reveals the GPS location of the vehicle.

There are several circumstances in which consent can be implied. For example, when a parent installs a device on the vehicle of a minor child. A spouse may also give their permission to have a device installed and later deny that they gave consent.

Texas defines harassment as purposefully and repeatedly sending communications to an individual, usually via calls, texts, or email. These communications may be perceived by the receiver as annoying, alarming, abusive, embarrassing, and/or offensive.

Harassment could also be defined as comments, requests, proposals, or another form of contact that is considered obscene by the accuser.

The best defense strategy against harassment charges is that the accused did not intentionally harass the victim. A criminal defense lawyer will need to convince the jury that the accused did not have negative intentions in their words or actions.

An individual can face charges of abandoning/endangering a child if they knowingly leave a child younger than 15 in any circumstances that expose the child to reasonable harm.  

A child is considered at risk if circumstances present dangers, including death, bodily injury, or mental impairment. This charge can be lessened if the accused individual planned to return for the child after the alleged abandonment.

This charge also pertains to cases in which any controlled substance is in a child’s presence.

You can face charges for leaving children under the age of seven in a vehicle with an individual under the age of 14. The prosecution may argue that this is considered child endangerment and abandonment if the child is left longer than five minutes.

The majority of parents have left their children alone in vehicles without any criminal intent. These allegations can often be frightening and stressful for a parent, and contacting a defense lawyer like Gallian Defense Firm regarding these allegations if the police are involved or an investigation is ensuing is a good idea.

An allegation of terroristic threatening means that you are accused of behaving in a manner or making a threat that caused fear of imminent and serious bodily injury.  

There are severe cases in which a domestic violence charge is an automatic felony offense. Felonies carry harsh penalties, including mandatory prison sentences and fines of up to $10,000.

An assault charge is a felony when any of the following criteria is met:

  • Assault on a Child, Elderly, or Disabled Person
  • Weapon Is Present
  • Serious Bodily Harm Occurs
  • Strangulation Occurs
  • Sexual Assault

Domestic violence may be charged as a felony if a history of previous convictions exists, including:

  • Kidnapping
  • Indecency with a Child
  • Violent Offenses

If your circumstances meet any of the aforementioned criteria you must contact Gillain Firm immediately. You will need an experienced and knowledgeable criminal defense attorney to fight these serious charges.

Domestic violence charges can potentially destroy your current and future opportunities and a criminal defense lawyer is extremely important if charges are made against you. It is crucial that you hire a domestic violence defense lawyer to avoid a conviction and the harsh penalties that could result. An experienced family violence lawyer can often have these cases dismissed before a court date or charges significantly lessened.

This is a broad area of law that requires extensive knowledge and experience in the courtroom. Greg Gallian is an experienced domestic violence defense lawyer in Dallas who has been successfully defending those charged with family violence for years.

Harsh penalties can result if the prosecution secures a conviction for domestic violence. These penalties will depend on several factors, including the severity of the crime, relationship with the victim, and previous and/or additional charges.

Penalties for domestic violence include jail and/or prison time and excessive fines. A misdemeanor conviction faces $4000 in fines. Any severity of felony conviction can result in fines of up to $10000.

You could spend years behind bars if convicted of domestic violence. In Texas, even a misdemeanor conviction has the potential to result in 12 months behind bars.

You could face up to 10 years in prison if convicted of a 3rd-degree felony, 20 years for a 2nd-degree felony, and up to 99 years for a 1st-degree felony conviction.

Spending years behind bars would destroy your job, family, and future. Do not let the legal system sentence you to these long prison terms without putting up a fight and employing the best family violence defense attorney you can find.

Domestic violence charges can also cause issues in the future, including problems with work and family.

Additional Consequences Could Include:

  • Inability to Purchase / Own A Firearm
  • Barred from Obtaining a Texas State Hunting or Fishing License
  • Loss of Child Custody
  • Lack of Employment Opportunities
  • Barred from Housing Opportunities

These charges are damaging to your reputation and will follow you for many years to come.

Most domestic violence cases are dismissed when there is insufficient evidence of an assault. This proof may include a lack of medical records or injuries.  

With the right lawyer, the majority of domestic violence cases can be settled without going to trial. Your lawyer will gather evidence, testimony, and other case-specific information. They will then meet with the prosecution to attempt to convince them to dismiss your charges.  If this fails, they will defend you to the full extent of the law.

Yes, domestic violence cases can be dismissed in court if certain circumstances occur. For example, if prosecutors recognize a pattern of false allegations has been made by the victim. This destroys the accuser’s credibility and makes it likely that the case would be dismissed.

Gallian Firm understands the prosecution side of the legal system and knows what evidence is required for a conviction. This knowledge allows Gallian to have the majority of domestic violence dismissed.

Yes, if your case is dismissed or you are acquitted of your charges, you will then qualify to have these charges removed from your record.  This would remove any allegations of violence, including police and arrest records.

People make mistakes and the legal system is especially harsh for those with previous criminal convictions. Law enforcement will often push as many charges as possible on an individual who is a convicted felon or has a criminal history.

Gregg Gallian fights to protect his clients and ensure that all receive fair and equal treatment. An arrest is not a conviction. You are innocent unless the prosecution can prove otherwise, regardless of any criminal record that may exist.

Gregg Gallian is among the best domestic violence defense lawyers you can find. He spent years as a prosecuting and defense attorney, providing him with the experience and expertise needed to have family violence charges dropped and protect his client’s reputation.

There are several defense strategies that Gallian uses to effectively have domestic violence charges dismissed in court.

False Allegations 

Claiming that the accuser has made false allegations of violence is the most common defense strategy. This is especially effective if the accuser has made accusations in the past that were dropped or dismissed in court. This is more believable if the accuser has motivations for making false allegations, including child custody or divorce battles.

A Lack of Evidence 

If there are no documented injuries or hospital records then the case would be unlikely to make it to trial. It is likely that Gallian Firm can convince the prosecution to drop charges if sufficient evidence does not exist.

Other Defense Strategies 

There are other strategies that may be employed if there is strong evidence that an assault was committed. These include errors made by law enforcement during an arrest or proving that your crime was committed out of self-defense.

Costs for hiring a domestic violence defense attorney can vary depending on the complexity of your case. Gallian Defense Firm provides free consultations for their clients. This is the time where potential fees for legal representation can be further evaluated and discussed.

At this consultation, Gregg Gallian will provide honest legal advice regarding the potential outcomes in your unique case. His rates are fair and a worthy investment for the protection of your freedom and future.  You can see at that time if Gallian Defense Firm is the right fit for you.

As a former prosecuting attorney, Gregg Gallian has the experience and knowledge to understand both sides of the law. Mr. Gallian knows what evidence the prosecution needs to pursue a conviction. He also knows what needs to be done to have your case dismissed.

Gregg Gallian is committed to defending clients against false and destructive allegations of family violence.

He will work hard to build a case that will restore your reputation and ensure your freedom. In many cases, Gallian Firm can even have your charges dismissed before the court date.

You must act quickly if you have been arrested for domestic violence in Dallas, Texas, or surrounding areas. These charges are serious and the longer you delay seeking legal representation, the more likely it is that your case will suffer a poor outcome.

There are several things that should be done to protect your legal rights and increase the likelihood of beating these charges.

  1. If charged, immediately contact Gallian Firm to schedule a free consultation and case review to discuss your case.
  2. Document everything that occurs during this time period related to your case. Send all related documents, including arrest reports, hospital records, etc. to the office. You should also document any correspondence, including text or email communications with the accuser.
  3. Avoid all contact with the accuser, regardless of marital status. This can harm your case and may result in additional charges if a protective order has been filed.
  4. Let Gallian Defense Firm then go work on your behalf to build a defense case and/or have these charges dismissed.

If a case dismissal isn’t possible, Gallian will build a solid defense case and fight to prove your innocence in the courtroom.

It is critical to contact Gallian Firm as soon as possible if you are facing domestic violence charges. It is never too late to contact the firm, even if another attorney has already been hired. Your future depends on having the best domestic violence defense lawyer in your corner.  

Gregg Gallian is committed to providing his clients with the best criminal defense against domestic violence charges. He has helped hundreds of clients in Dallas and surrounding areas beat these charges and move on with their lives. 

Schedule a free consultation with Gallian Firm by calling 214.432.8860, by sending an email to [email protected]

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