| Law Office of Paul B. Kennedy, Attorney at Law, PLLC 811 Heights Boulevard, Houston, Texas 77007 Tel: (832) 606-9432 Fax: (866) 587-2584 DWI Defense, Criminal Defense, Traffic Tickets, Family Law |
| If you've been arrested and charged with domestic assault, think twice before accepting that plea. |
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A conviction for domestic assault can have
far-reaching consequences. Though it might be but a
misdemeanor, an affirmative finding of family violence
can prevent you from lawfully owning or purchasing a
gun. A finding that you committed family violence can
prevent you from seeing your kids. A conviction for
domestic assault can make it difficult for you to find a
job or an apartment.
Even if a judge doesn't make an affirmative finding of
family violence, the prosecutor can still prove it up at a
subsequent trial.
While some judges might say that deferred adjudication
is the "next best thing to a dismissal" - that's not the
case with domestic assault. If you have a conviction for
domestic assault, or if you've ever been placed on
deferred adjudication for domestic assault, you are not
eligible to file a petition for nondisclosure. Anyone doing
a background check will know you were charged with a
crime of family violence.
And if you've ever been convicted of domestic assault,
a subsequent charge is a third degree felony punishable
by a fine of up to $10,000 and/or a prison sentence of
between two and ten year.
If you've been charged with domestic assault, you need
an experienced criminal defense lawyer to help you
navigate the waters. You need a criminal defense
attorney who knows how to handle a domestic assault
case and who will fight for your rights.
far-reaching consequences. Though it might be but a
misdemeanor, an affirmative finding of family violence
can prevent you from lawfully owning or purchasing a
gun. A finding that you committed family violence can
prevent you from seeing your kids. A conviction for
domestic assault can make it difficult for you to find a
job or an apartment.
Even if a judge doesn't make an affirmative finding of
family violence, the prosecutor can still prove it up at a
subsequent trial.
While some judges might say that deferred adjudication
is the "next best thing to a dismissal" - that's not the
case with domestic assault. If you have a conviction for
domestic assault, or if you've ever been placed on
deferred adjudication for domestic assault, you are not
eligible to file a petition for nondisclosure. Anyone doing
a background check will know you were charged with a
crime of family violence.
And if you've ever been convicted of domestic assault,
a subsequent charge is a third degree felony punishable
by a fine of up to $10,000 and/or a prison sentence of
between two and ten year.
If you've been charged with domestic assault, you need
an experienced criminal defense lawyer to help you
navigate the waters. You need a criminal defense
attorney who knows how to handle a domestic assault
case and who will fight for your rights.
According to the Texas Family Code, family
violence is:
"An act by a member of a family or household
against another member of the family or
household that is intended to result in
physical harm, bodily injury, assault or sexual
assault or that is a threat that reasonably
places the member in fear of imminent
physical harm, bodily injury, assault or sexual
assault." - Texas Family Code Section
71.004(a)
A family in Texas includes all persons related
by blood or marriage as well as former
spouses, parents of a child without regard to
marriage and foster children and parents. -
Texas Family Code Section 71.003
A household in Texas consists of all persons
living together, or who lived together, in the
same dwelling regardless of whether they are
related to each other. - Texas Family Code
71.005
violence is:
"An act by a member of a family or household
against another member of the family or
household that is intended to result in
physical harm, bodily injury, assault or sexual
assault or that is a threat that reasonably
places the member in fear of imminent
physical harm, bodily injury, assault or sexual
assault." - Texas Family Code Section
71.004(a)
A family in Texas includes all persons related
by blood or marriage as well as former
spouses, parents of a child without regard to
marriage and foster children and parents. -
Texas Family Code Section 71.003
A household in Texas consists of all persons
living together, or who lived together, in the
same dwelling regardless of whether they are
related to each other. - Texas Family Code
71.005