The stigma of these cases is fast approaching the stigma of sex crime cases. The mere accusation of an assault involving family violence can lead to someone losing his job and being publicly ostracized.
These cases can include:
- Assault (Family Violence) a Class A Misdemeanor
- Assault (Family Violence—Enhanced by a prior conviction) a 3rd degree Felony
- Assault impeding breath or blood flow (often known as Strangulation) a 3rd Degree Felony
- Aggravated Assault with a Deadly Weapon causing Serious Bodily Injury (Family Violence) a First Degree Felony with a range of punishment of 5-99 years/Life in prison.
The political nature of these cases is greatly impacting the justice system. The sad thing about these cases is that with many of them, the relationship is in trouble and this is its cry for help.
There are not that many cases at the misdemeanor level with significant visible injuries. But the State treats the cases as if they all fit a cycle of domestic violence and that they are all about a man’s power and control. The way the State handles these cases is quite poor. The State wants to side with the woman. So if the female reports the case and wants a male perpetrator prosecuted, the State will do all it can to gain a conviction. If the female said she does not want him prosecuted, the State will say that she does not know what she is talking about because she is suffering from his power and control and therefore this is the product of more violence. If she stays silent about the matter, it’s also due to his power and control. So in the State’s eyes, upon arrest, the male is basically guilty.
We fight this stigma.
We also fight the stigma on placing various labels on laws that do not exist. For example, there is no heading in the Penal Code labeled Domestic Violence or even Assault Family Violence. These offenses all fall under the Assault statute. Even the heading, “Strangulation” is not in the Assault statute. The reason the State chooses to label it this way is because if you hear the term, “Assault,” you may immediately think of self-defense as a defense to it—like you would in a bar fight. However, if you hear, “Assault—Family Violence,” the average person thinks, “You Never Hit a Woman,” like many of us were raised, thereby seemingly taking away self-defense as an option. The truth is, the law provides self-defense as an option to men in these situations. We recognize that and we do everything we can do get our clients through this system often with the help of the client’s female partner who often wants to reunite with him over the State’s objection. The State insists it is trying to empower women. But, speak with a woman who has met with the State over her options in these circumstances and she will tell you how belittled she has been by the State if she wants to go back with her husband or boyfriend.
We are here to help and are more than ready to go to trial in these cases.
Contact our criminal defense team today by calling (512) 647-2598 or requesting a free consultation online now.