Domestic Assault 3rd Deg - Domestic violence charges, or "family violence" charges under Texas law, are one of the most emotional and personal charges a person can face. They are also some of the most serious charges a person can face, and a guilty plea can have numerous negative consequences that can last a lifetime.
A guilty plea to a domestic violence charge with a family violence finding, in addition to fines, jail time and probation on the table, can result in the loss of your right to own a firearm, have a negative impact on a custody process and result in the denial or revocation of a professional license or security clearance.
Domestic Assault 3rd Deg
Navigating the landscape of a domestic violence charge alone without a criminal defense attorney is simply not an option. Contact Denton County Criminal Attorney Flint Schneider today and let's fight this together.
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When you're accused of domestic violence, you don't just need a criminal lawyer. You need an attorney who knows the courts in Denton County. And that lawyer is Flint Schneider.
In Denton County, more domestic violence cases go to trial than any other type of case. This is because the case is often a "he said, she said" situation. There may be signs of injury to one party and not the other, and police and prosecutors are quick to jump to conclusions and lay the blame solely at the feet of the injured person, regardless of who started the confrontation. Sometimes in these situations there is no middle ground for a plea deal; DA wants harsh punishment and we want the charges dismissed. In this case, a demand becomes necessary.
But this does not always mean that the case will go to court. Often, just the threat of a lawsuit and being willing to go the extra mile is enough to get charges dismissed or reduced. Sometimes that involves my client taking a short anger management course or pleading to a lesser offense like a Class C ticket. Other times my client does nothing and the dismissal is unconditional. And when we have to go to trial, we win.
Many people believe that if the person who called the police simply drops the charges against them, no charges will be filed. It's wrong Once the police are called, a report is generated and evidence is collected and sent to the Prosecutor's Office. At that time, the DA's office reviews the evidence and decides whether to file a domestic violence case. Many times the DA is in possession of a non-proceeding statement from the alleged victim in the case indicating that they want the charges dropped. They will file the case anyway. It is important that if you are charged with domestic violence, you consult with an experienced Denton County attorney immediately.
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In many cases, you can get an affidavit of non-prosecution by talking to the victim assistance coordinator at the prosecutor's office, or you can get one from an attorney. Remember, entering a no-charge plea does not mean the charges are dropped, that the charges must be dropped by law, or that the government can't prosecute the case. A declaration of non-prosecution has no legally binding effect on the police or the prosecution. It is not always convenient to present one of these. The best results will come from consulting a criminal defense attorney before taking any action. Call Flint today and he will take the time to talk with you about your options and what is best for you or your loved one's case.
Outcome: Client accepted probation and pleaded guilty to a felony. The client never showed up for parole after the plea. 5 years later, the client was arrested on an open warrant for the probation violation. Although the client believed prison was his only option, attorney Flint Schneider was able to get the client back on parole with a fresh start.
Outcome: After extensive pre-trial investigation, attorney Flint Schneider presented evidence that the complaining witness had lied to gain an advantage in a custody battle.
Outcome: After presenting mitigating evidence to the prosecutor, attorney Flint Schneider got the prosecution to dismiss the case in exchange for his client taking a parenting class.
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Result: Client accused of assaulting his girlfriend in the hospital ward. During cross-examination of the complaining witness, attorney Flint Schneider was able to discredit the witness and show that he had a motive to lie. The jury returned a not guilty verdict after just 10 minutes of deliberation.
Outcome: By searching for clues in the case from the beginning, attorney Flint Schneider got the second degree felony charge dismissed and 3 years of deferred probation with no fine for the two state jail felonies.
Outcome: Early in Flint's filing, he discovered a technical error in the charge and the charge was reduced to a Class A misdemeanor and the client received a conviction.
Outcome: After attorney Flint Schneider conducted a pre-trial investigation and presented evidence to the government, the charges were dismissed.
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Male/Party - Heroin, 4-400g Male/Party - Cocaine 1-4g Possibly from a Firearm by Felon Dallas County | 06/21/2018 | 1st degree felony
Outcome: Customer arrested after non-bank raid while sleeping with significant amount of heroin and cocaine. Weapons were found nearby. Flint immediately filed a motion for a speedy trial and was prepared to try the case immediately after the formal indictment. To avoid trial against Flint, the prosecution agreed to reduce the heroin and cocaine charges to a state jail felony (9 months in state jail) and the client pled 3 years TDC on the weapons charge.
Outcome: After reviewing the evidence in the case, attorney Flint Schneider determined that there was insufficient evidence to prove his client guilty beyond a reasonable doubt and set the case for a jury trial. After thorough cross-examination of the complaining witness, the jury agreed and his client was found not guilty of the charge.
Outcome: After reviewing the body camera evidence in the case, attorney Flint Schneider determined that the police officer committed an illegal search and filed a motion to suppress the drug evidence in the case. After a hearing on the matter, a judge agreed and the charges were dismissed. Assault in the third degree a felony. First Degree Assault and Domestic Violence - #2 for Arrests in Colorado Posted by Colin on June 13, 2020
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Understanding the different degrees of Colorado's sexual assault laws doesn't have to be an overwhelming challenge. If you or someone you know has been charged with assault, the Law Offices of Colin can help. We believe it is important that you learn as much as possible about assault charges, the elements involved, and the different degrees of assault. We will go over the different definitions of first degree assault, second degree assault, and third degree assault. We are here to help you understand the penalties involved and any other information that may help you protect yourself or a loved one in the event of an assault charge.
We often hear "assault and battery" in the same sentence, but it's important to know that they are different and almost NEVER coexist in Colorado Law. Although they are often used together, they are different expressions for different situations and should be treated as such.
"willfully or by wanton conduct cause any bodily harm or injury to any person, whether by violent physical contact or with a weapon."
In a nutshell, the term "assault" refers to the actual cause of harm, as opposed to threats or threatening acts, which would be classified as "battery."
Columbia Criminal Domestic Violence Attorney
Assault charges can be defined in three degrees. Each has a unique penalty based on the damage level of the people. The law is not about whether the actions were intentional or simply due to reckless behavior - the penalty for the level of injury remains the same unless the case is found to fall into the category of "Self Defense".
Whether the assault is first, second, or third degree will also depend on whether the injury caused was determined to be "serious bodily injury" or "bodily injury." The difference between the two can mean a completely different sentence length, if convicted, and a different criminal record. A first degree assault charge requires serious bodily injury and is defined as an injury that poses a serious risk of death, disfigurement, long-term loss or impairment of bodily function, whether of organs or other parts. This includes broken bones, second and third degree burns, and fractures.
Bodily injury also applies to second- and third-degree assault charges and generally means physical pain, illness, or any impairment of physical or mental function. This can literally mean "he squeezed me and caused me pain." It can be very mild and does not even require medical attention.
Let's look at the three degrees of assault in Colorado and how each is defined.
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First degree assault is considered the most serious in the state of Colorado
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