Austin Criminal Defense Blog

Many states have strengthened their laws on domestic violence, making arrest and prosecution mandatory regardless of what the alleged victim wishes to do.

Irrespective of how your state or county handles allegations of domestic violence, it is vital to mount a vigorous defense. If you have been accused of domestic violence, you could possibly be facing an uphill battle.

Speak with an experienced Criminal Defense Lawyer from the Charles Johnson Law Office in Austin, Texas in order to discuss your case and develop a strategy for fighting the charges. You can contact him 24 hours a day/ 7 days a week at 512-832-1200.

Domestic Assault Defined

Domestic assault is both physical violence and emotional abuse, including threats, intimidation and control. Domestic violence is most often an assault or battery against a spouse, intimate partner or cohabitant, but it can also occur against a child, elderly relative or other member of the household or family.

A conviction of felony or misdemeanor domestic assault may result in severe penalties. The defendant could possibly serve time in prison or jail; pay steep fines; undergo anger management or other counseling; and suffer personal repercussions like divorce, loss of child custody or an unfavorable property settlement during divorce proceedings.

Domestic Assault is Serious, You Need Assistance in Fighting It

Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced criminal defense lawyer on your side. Lawyer Charles Johnson will stand by your side and preserve your legal protection under the law.

Although the procedures and policies vary by jurisdiction, domestic assault arrests and charges usually follow a general pattern. When the police are dispatched to a residence, by an alleged victim or someone else, they are going to assess the situation and determine whether or not there is probable cause to be able to arrest an individual accused of domestic assault.

At the arraignment, the defendant will discover about the specific charges against him or her, and the defendant’s lawyer will speak with the defendant about what kind of plea to enter. The judge will decide whether or not the defendant ought to be granted bail and, if so, how much the bail will be.

In many court cases, the defendant will probably be ordered to have no contact — direct or indirect — with the alleged victim. Consequently, the defendant cannot go home, if that is where the victim lives, and the defendant must not call or make contact with the victim.

In some jurisdictions, even if the victim decides not to go forward with the criminal charges, the case continues. A large number of reasons, based on both history and public policy, tend to be behind this practice.

Austin Domestic Assault Defense Lawyer: The Charles Johnson Law Firm

As the justice system has come to understand the social and legal effects of domestic violence, the penalties for conviction of domestic assault have grown to be steeper. Each state, however, has a different approach to handling domestic assault court cases. That is why it is so important to consult an attorney who is knowledgeable with your local court system. Seek the guidance of a lawyer from the Charles Johnson Law Firm in Austin, Texas to learn more about what you can do to be able to assert your rights.