Assault & Family Violence
Strong defense against assault and family violence allegations.
Assault and family violence charges carry serious consequences. Our attorneys provide aggressive defense while protecting your rights and future.
Frequently Asked Questions
Can the victim drop assault family violence charges?
No — once police file the case, only the district attorney decides. An affidavit of non-prosecution helps, but Ector and Midland County prosecutors routinely proceed using the 911 call, photos, and body-cam footage alone.
Is a first-offense family violence charge a felony?
Usually a Class A misdemeanor — but it becomes a felony if choking is alleged, there's a prior family violence conviction, serious injury occurred, or a weapon was involved. Even the misdemeanor carries lifetime consequences.
What is the "family violence finding" and why does it matter?
A finding in the judgment that the offense involved family violence. It triggers a lifetime federal firearm ban, can never be sealed or expunged (even after deferred adjudication), enhances future charges to felonies, and destroys the joint-custody presumption in family court.
Will this charge affect my divorce or custody case?
Heavily. A family violence finding removes the presumption of joint custody (§153.004), can mean supervised visitation, and supports protective orders and a disproportionate property division. Defend the criminal case with the family case in mind — we handle both.
What defenses work in family violence cases?
Self-defense (§9.31), fabrication motivated by a pending divorce or custody fight, inconsistent injuries versus the account, and mutual combat context. Never plead guilty just to "get it over with" — the finding follows you forever.