ASSAULT FAMILY VIOLENCE

Let us be honest, every family has its disagreements from time to time. But typically issues get worked out within the family and cooler heads prevail. However, once the police are called it is no longer strictly a family matter.

From a practical standpoint there are only three favorable and acceptable outcomes for a person accused of a Family Assault case.

1. Dismissal
2. Not Guilty verdict
3. Reduction to a Class C offense with deferred adjudication

If your ultimate goal is to avoid a conviction and enable yourself to have your records expunged you will need one of these three outcomes. However, even the Class C reduction somewhat questionable when it comes to expunction eligibility.

Typically, cases will be charged as a Class A misdemeanor offense. On a Class A Family Assault, a person can receive punishment which consists of up to one year in the county jail and a fine up to $4,000. For a case were the punishment invoked is either jail time, probation, or deferred adjudication that person will be ineligible to have his/her criminal records sealed or eliminated.

Additionally, a Choking/Strangulation Assault, a second Family Assault charge and a Continuous Violence Against the Family offense will be charged as a Third-degree felony offense with a possible punishment up to ten years in prison and a $10,000 fine.

These are serious cases which can have significant collateral consequences including, loss of firearm rights, loss of parental rights and loss of employment opportunities.