1st Degree Domestic Assault - Domestic violence charges, or “family violence” charges under Texas law, are some of the most emotional and personal criminal charges a person can face. These are also some of the most serious charges a person can face, and pleading guilty can lead to many negative consequences that can last a lifetime.
Pleading guilty to a domestic violence charge with a finding of domestic violence, as well as the fines, jail time, and probation involved, can result in you losing your right to own a firearm, have the effect negative on your case in custody, and will lead to the denial or revocation of a professional license or admission.
1st Degree Domestic Assault
Dealing with domestic violence charges on your own without a criminal defense attorney is simply not an option. Contact Denton County Criminal Defense Attorney Flint Schneider today and we can fight this together.
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If you are charged with domestic violence, you do not need a criminal defense attorney. You need an attorney who knows the Denton County Courts. And that attorney is Flint Schneider.
In Denton County, domestic violence cases go to trial more often than any other case. This is because it is often a "he said, she said" situation. There may be some evidence of injury to one party and not the other, and the police and district attorney are quick to jump to conclusions and place blame solely on the uninjured person, regardless of who started the conflict . Sometimes in these situations there is no middle ground for a plea bargain; the prosecutor's office wants serious punishment, and we want the charges dropped. In such a case, a trial is required.
But this does not always mean that the matter goes to court. Often, just the threat of a lawsuit and a willingness to walk away from the case is enough to dismiss or reduce the charge. Sometimes this means my client takes a short anger management course or pleads to a lesser offense like a Class C ticket. Other times my client does nothing and is dismissed without conditions. And if we have to go to court - we will win.
Many people think that if the person who called the police simply drops the charges against them, then no case has been opened. This is wrong. After calling the police, a report is drawn up, and evidence is collected and sent to the district attorney's office. During this time, the prosecutor's office reviews the evidence and decides whether to file a domestic violence case. Often, the prosecutor's office pleads not guilty by the alleged victim in the case that she wants the charges dismissed. All the same, they will start a case. If you have been accused of domestic violence, it is important to consult with an experienced Denton County attorney immediately.
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In many cases, you can get a criminal prosecution affidavit by talking to a victim assistance coordinator at the district attorney's office, or you can get one from an attorney. Remember that filing a no prosecution plea does not mean that the charges will be dismissed, that the charges must be dismissed by law, or that the government cannot prosecute. A non-prosecution affidavit has no legal effect on the police or the district attorney's office. It is not always advisable to file one of these. Your best bet is to consult with a criminal defense attorney before doing anything on your own. Call Flint today and they will take the time to talk to you about your options and what is best for you or your loved one's case.
Outcome: The client agreed to probation and pleaded guilty to a felony charge. The client did not appear for a test after the application. 5 years later, the Client was arrested on an open warrant for probation violation. Although the client believed jail time was his only option, Flint Schneider's attorney was able to get the client back on probation with a fresh start.
Outcome: After a thorough pretrial investigation, prosecutor Flint Schneider presented evidence to the Denton County District Attorney's Office that the complaining witness had lied to gain an advantage in the custody battle.
Outcome: By presenting mitigating evidence to the prosecutor, prosecutor Flint Schneider was able to get the prosecution to dismiss the case in exchange for his client attending a parenting class.
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Outcome: The client was accused of assaulting his girlfriend in a hospital room. In cross-examining the complaining witness, prosecutor Flint Schneider managed to discredit the witness and show that she had reasons to lie. The jury returned a not guilty verdict after 10 minutes of deliberation.
Outcome: By adjourning the case early, prosecutor Flint Schneider was able to get the 2nd degree felony charge dismissed and 3 years of deferred probation with no fine for 2 state jail felonies.
The result: Early in Flint's presentation, he discovered a technical error in the indictment, and the felony charge was reduced to a Class A misdemeanor and the client received time served.
Outcome: After prosecutor Flint Schneider conducted a pre-trial investigation and turned over evidence to the government, the charges were dismissed.
Domestic Assault And Battery In The Presence Of A Minor
Man/Del - heroin, 4-400g Man/Del - cocaine 1-4g Poss. Dallas County Firearms Felony | 06/21/2018 | 1st degree felony
Outcome: The client was arrested after a raid while sleeping with a significant amount of heroin and cocaine. A gun was found nearby. Flint immediately filed a motion for a speedy trial and was prepared to go to trial immediately after the formal indictment. To avoid a trial in Flint, prosecutors agreed to reduce the heroin and cocaine charges to a state prison felony (9 months in state prison) and the client agreed to 3 years TDC for the weapons charge.
Outcome: After reviewing the evidence in the case, prosecutor Flint Schneider determined that there was insufficient evidence to prove his client's guilt beyond a reasonable doubt and set the case for a jury trial. After carefully cross-examining the complaining witness, the jury agreed and found his client not guilty.
Outcome: After reviewing body camera evidence in the case, prosecutor Flint Schneider determined that the police officer conducted an illegal search and filed a motion to suppress the drug evidence in the case. After a hearing on the matter, the judge agreed and the charges were dismissed. Being charged with first degree assault is a very serious matter. Assault in the first degree is the most serious assault charge, with huge fines and long prison terms if convicted. If you have to fight this charge, there are five important things you should know about first degree assault.
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What is first degree assault? Colorado defines it as assault that you commit when you intentionally and intentionally tried to cause great bodily harm to another person. It goes beyond trying to hurt someone; Assault in the first degree implies that you tried to seriously hurt or even kill someone. Your actions paint a picture of your lack of respect for the value of human life.
Assault in the first degree is considered a "violent felony" in Colorado. Therefore, a first degree assault conviction will result in a mandatory prison sentence. Assault in the first degree is a Class 3 felony. Your sentence will be a minimum of 10 to 32 years in the Colorado Department of Corrections.
In addition to jail time, you can also face a large fine as part of a first degree assault conviction. Fines for first degree assault can range from $3,000 to a whopping $750,000.
It is possible to defend yourself against a charge of first degree assault. If the court finds that you acted in a manner that is not covered by Colorado's first degree assault statute, the charges against you may be reduced.
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Colorado state statute specifically names crimes of passion. If you can prove that the attack was committed in the heat of passion, your charge will be reduced from a class 3 felony to a class 5 felony. Although this is a felony charge, it carries a shorter jail term and smaller fines than Class 3.
Make no mistake, being charged with first degree assault will have a profound effect on your life. If you are convicted, you will go to prison - there is no suspended sentence for a violent crime. You can also face fines that can run into the hundreds of thousands - a number so terrifyingly high that you will never be able to pay it back.
A first degree assault conviction will cut you off from your family and may prevent you from getting a job, buying a home, or enjoying life the way you once did. Your family will be torn apart, your friends may abandon you, and you will forever be labeled a criminal.
For all these reasons, you may want to consider hiring an experienced criminal defense attorney to assist you.
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At Geman Legal, we work with many defendants
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