A charge of assault, involving a family member (domestic violence), is treated differently under Texas law than a regular assault. Unlike a regular assault case, even if you complete deferred adjudication (a type of probation that does not result in a final conviction), you can never seal the case afterwards. That means that the case will always show up on a background check. If you are not a U.S. citizen, you are mandatorily deportable if you plead guilty or no contest to this type of charge. Even if the complainant does not want to press charges, the DA’s office has a special division called the Family Criminal Law Division (FCLD) that will press forward if they believe they can piece the case together with the other evidence available, such as photos, 911 calls, and witness statements. This area of the law is full of complex constitutional and evidentiary issues that are still being litigated in the U.S. Supreme Court. With the stakes being this high and the law so fluid, you need a lawyer well versed in the admissibility of certain key pieces of evidence that the government will try to use against you. We’ve devised outside-the-box strategies for obtaining dismissals on these types of cases and have secured acquittals from juries when all else fails. We’ve also helped keep countless families intact by preventing non-U.S. citizen clients from being convicted and deported.
Call a Houston domestic violence lawyer today to begin building your defense.