How Can a Domestic Violence Case be Dismissed in Austin?

The best way to beat a domestic violence case in Austin is with a knowledgeable defense that is well-versed in the investigation and law of these offenses. Domestic violence is a nuanced field with very specific rules of evidence that are critical to substantiating a charge. A successful defense requires mastery of these topics and an effective discovery and motions practice. Learn more.

• How long does domestic violence stay on your record in Austin? Domestic violence cases remain permanently on criminal records in Austin even when dismissed. These cases can devastate a background check so they require considerable attention and experience. Some cases may qualify for an Expunction, which can remove all records of the case. Learn more.

• How are domestic violence cases handled in Austin? Domestic violence cases are a top priority for law enforcement in Austin. These charges are frequently filed against a complainant’s wishes, and prosecuted in situations where a complainant is uncooperative. Domestic violence cases also carry high bond amounts and restrictive conditions, including “No Contact” orders that result in jail time and additional criminal charges upon a violation. These are serious charges requiring a serious approach.

WHAT ARE THE LAWS ON DOMESTIC VIOLENCE IN AUSTIN?

Some common offenses involving domestic violence include Assault, Terroristic Threat, Stalking, Harassment, and Interference with Emergency Request for Assistance. These offenses carry restrictive bond and probation conditions that lead to additional criminal charges upon any violation. A domestic violence conviction can devastate professional licenses and 2nd Amendment rights. Learn more.

• How long do most domestic violence cases last in Austin? It’s not uncommon for domestic violence cases to last a year or more in Austin. These cases frequently involve extensive discovery and investigation and are subject to busy Travis County dockets. An effective defense will also involve a strategic motions practice, which often results in some scheduling delay. Learn more.

• What is the average bond for domestic violence in Austin? Domestic violence bonds are set on a case-by-case basis according to the facts of the case and the level of the offense. For example, a felony charge will carry a higher bond amount than a misdemeanor. Additionally, domestic violence cases are usually not eligible for a PR bond. Learn more.

CAN A VICTIM DROP CHARGES IN AUSTIN?

A victim can decide to drop charges but the prosecution holds the ultimate authority to dismiss a criminal case in Austin. This means the Travis County and District Attorney can prosecute a case with an uncooperative victim. In fact, this is very common with domestic violence offenses in Austin.

• Can assault charges be dropped in Austin? Assault charges are dropped, dismissed, and resolved without conviction every day in Travis County courts. However, prosecutors are tasked with enforcing the law and do not casually drop assault charges out of good will. The best way to beat an assault charge in Austin is with a strategic and experienced legal defense. Learn more.

• Can I drop assault charges against someone in Austin? A person can decide to drop charges and communicate this desire to the prosecution but ultimately the prosecution decides whether to drop assault charges in Austin. This offense requires a strategic defense that is experienced in navigating assault charges in Austin.

DOES THE VICTIM HAVE TO TESTIFY IN A DOMESTIC VIOLENCE CASE IN AUSTIN?

Constitutional safeguards require a victim to testify in most domestic violence cases in Austin. Although, there are exceptions to this rule that can be utilized to proceed without a victim in some instances. These evidentiary dynamics are fact-intensive and nuanced, requiring a careful analytical approach by experienced legal counsel.

• What happens if a victim doesn’t go to court in Austin? A case may be dismissed if a victim does not appear to testify at trial in Austin. There are exceptions to this rule and victims are not required to appear at every court setting. Additionally, tampering with a witness is a criminal offense that can lead to further criminal charges and warrants.

• On what grounds can a case be dismissed in Austin, Texas? A criminal case can be dismissed in Austin when the complaining witness fails to appear for trial if there is an otherwise complete lack of evidence to prove the charge. A case can also be dismissed with an aggressive defense challenging the evidence for the offense. Criminal cases in Austin can be dismissed for speedy trial violations or other constitutional grounds. Learn more.

WHAT IS THE RULE FOR A MOTION TO DISMISS IN AUSTIN?

There is no set rule for motions to dismiss in Austin. By its nature, a motion to dismiss is an invitation for a judge to assess several possible deficiencies in a criminal case. These can range from constitutional violations, to unconscionable police or prosecutorial misconduct, to fatal defects in the legal charging instrument. Successful motions to dismiss in Austin require experienced legal strategy and analysis.

• Can a judge dismiss a case in Austin? A judge can dismiss a case in Austin upon request of the litigants. The prosecution can request a dismissal for any reason. A defense dismissal request requires some legal basis and is met with measured consideration by the judge.

• Can you expunge assault family violence Austin, Texas? Yes, an Assault involving domestic violence can be expunged in Austin if the case is dismissed without any probation. An Expunction is also available in cases resolved successfully through pretrial diversion. Learn more.

WHAT IS THE PUNISHMENT FOR ASSAULT ON FAMILY MEMBER IN AUSTIN?

The punishment for class C misdemeanor Assault-Contact involving family violence is a maximum $500 fine.  

The punishment for class A misdemeanor Assault-Family Violence is a maximum 1 year jail sentence and a maximum $4,000 fine. 

The punishment for Assault-Family Violence with one or more prior convictions is as a third degree felony with an imprisonment range of 2 to 10 years and a maximum $10,000 fine. 

An Assault-Family Violence involving strangulation is also a third degree felony but can be enhanced due to any prior domestic violence Assault offenses. An enhanced strangulation case is punishable as a second degree felony with an imprisonment range of 2 to 20 years and a maximum $10,000 fine. Learn more. 

• How long is probation for domestic violence in Austin? The maximum probation length for a misdemeanor domestic violence case in Austin is 2 years. The maximum probation for a felony domestic violence offense in Austin is 10 years. Learn more.

• How long do you go to jail for Assault in Austin? An individual can be sentenced to a maximum 2 years jail for misdemeanor Assault in Austin. The maximum term of imprisonment for felony assault is 20 years. Learn more.

• What is the statute of limitations on domestic violence in Austin? The statute of limitations for a misdemeanor offense of domestic violence is 2 years. For felony offenses involving domestic violence, the statute of limitations is usually 3 years. However, some sexual cases involving domestic violence have no statute of limitations, which means they may be prosecuted so long as the offender is alive. Learn more.

IS VERBAL ABUSE A CRIME IN AUSTIN?

Verbal abuse can be a crime in many different scenarios in Austin. For example, threatening violence so as to place someone in fear of immediate harm is punishable as the class B misdemeanor Terroristic Threat. These types of threats and repeated telephone calls or electronic communications can also be prosecuted as Harassment in Austin. Additionally, using abusive or profane language in public is  subject to class C misdemeanor charges for Disorderly Conduct.

• Is verbal assault a crime in Austin Yes, it is Assault in Austin to intentionally or knowingly threaten another with imminent bodily injury. Assault in this context is a class C misdemeanor with a maximum $500 fine. Violent threats are also prosecuted as the offense of Terroristic Threat. Additionally, the offense Disorderly Conduct prohibits making abusive or profane statements in public. Learn more.

• Is yelling a form of verbal assault in Austin? Yes, as outlined in the Texas Penal code, yelling so as to threaten another with immediate harm or injury is prosecuted as Assault or Terroristic Threat. Additionally Individuals engaged in such activity in public are also liable for Disorderly Conduct charges. Domestic violence offenses are serious criminal charges prosecuted aggressively in Austin.

IS TEXT HARASSMENT A CRIME IN AUSTIN?

Yes, harassment by text is punishable as the criminal offense Harassment, which prohibits repeated communications that are likely to annoy, torment, or offend another. Harassment is a class B misdemeanor in Austin, punishable by a maximum 6 month jail sentence and a maximum $2,000 fine. 

• Is cussing at someone illegal in Texas? Yes, using profanity in public is illegal, punishable as the class C misdemeanor Disorderly Conduct. This offense carries a maximum $500 fine but can result in drastic collateral consequences. Additionally, certain forms of cussing can be prosecuted as the offense Harassment, which prohibits making obscene proposals with the intent to harass, abuse, or torment another.

• Is screaming in someone’s ear Assault in Austin? Screaming in another’s ear is Assault if done to threaten the person with imminent bodily injury. Additionally, making unreasonable noise or threatening another in public in an offensive manner is also punishable as Disorderly Conduct.

WHAT QUALIFIES AS A THREAT IN AUSTIN?

A threat is any communication placing another in fear of imminent bodily injury. A threat of this nature is punishable as class C misdemeanor Assault. Additionally, threats to commit violence to impede governmental or emergency services, or to generally impede the public are also criminalized as the class B misdemeanor offense Terroristic Threat. Learn more.

• Is pushing someone Assault in Austin? Yes, pushing another is Assault in Austin if it inflicts bodily injury. Pushing someone is also Assault if the contact is offensive or provocative. Learn more.

• Is grabbing something out of someone’s hand Assault in Austin? Yes, grabbing an item out of another’s hand is Assault if the person knows or reasonably believes that the other will regard the contact as offensive or provocative. Learn more.

WHAT IS A CLASS C ASSAULT IN AUSTIN TEXAS?

Class C misdemeanor Assault is when a person threatens another with imminent bodily injury or when the person causes physical contact with another when the person knows or reasonably believes that the other will regard the contact as offensive or provocative. For example, approaching another person rapidly with an arm raised, violently threatening to mess them up is class C misdemeanor Assault. Similarly, shoving another proactively as if to pick a fight is also class C Assault in Austin. Learn more.

• What is the lowest charge of Assault in Austin? The lowest form of Assault is class C misdemeanor assault, which prohibits threatening imminent harm and provocative or offensive physical contact. Class C assault is punishable by a maximum $500 fine and potential anger management or domestic violence classes. Learn more.

• What is the most common Assault charge in Austin? The most common Assault charge in Austin is Assault-Bodily Injury. This offense is punishable as a class A misdemeanor with a possible jail sentence of 1 year and a $4,000 fine. Additionally, an Assault-Bodily Injury charge involving domestic violence is a severe criminal offense that can devastate gun rights in Austin. Learn more.

IS PUNCHING SOMEONE A FELONY IN AUSTIN?

Punching someone is a felony if it results in serious bodily injury. Additionally, punching a spouse, dating partner, family member, or roommate is also a felony if the aggressor has a previous domestic violence conviction. Domestic violence offenses carry significant collateral consequences including a restriction of all 2nd Amendment rights. Learn more.

• Is it illegal to slap someone in Austin? Yes, slapping is generally considered an offensive or provocative act, making it punishable as class C Assault in Austin. Additionally, slapping resulting in injury such as pain, bruises, or scrapes, is punishable as class A misdemeanor Assault-Bodily Injury in Austin. Learn more.

• What is third degree assault on a family member in Austin? Third degree felony Assault on a family member is the resulting charge for Assault-Family Violence with a prior domestic violence conviction or for an Assault involving strangulation. Third degree felony assault on a family member carries a maximum imprisonment term of 10 years and a maximum $10,000 fine. Learn more.

WHAT IS THE BEST DEFENSE FOR ASSAULT CHARGES IN AUSTIN?

The best defense for Assault in Austin is Self Defense, which can be raised when a person uses physical force to the extent that it is reasonably necessary to protect themself from another. Self Defense is a nuanced legal theory requiring careful analysis for maximum effectiveness in an Austin Assault charge.

• Can you defend yourself if someone puts their hands on you in Austin? Yes, a person can use physical force if the person reasonably believes it is necessary to protect themselves from another’s unlawful force. Defensive conduct must be reasonably proportionate to the circumstances. For example, a person who continues pummeling another long after they’ve been incapacitated may not be able to reasonably rely on Self Defense. Similarly, a person who unlawfully provokes a confrontation may hamper their Self Defense claims in Austin.

• Can you hit someone if they throw a drink at you in Austin? Yes, Texas law permits a person to use proportionate physical force in self defense to the extent that the force is reasonably necessary for protection.

WHAT HAPPENS TO FIRST TIME OFFENDERS IN AUSTIN?

First-time offenders are subject to lengthy jail sentences, costly fines, and devastating criminal convictions in Austin. Assault is a severe charge that can devastate a person’s professional prospects in Austin. However, an experienced Assault defense can identify weaknesses in a case to create the best odds for beating an Assault case in Austin. Learn more.

• How long can you press charges after Assault in Austin? A person can press charges for misdemeanor Assault for up to 2 years after the offense. Similarly, a person has up to 3 years to press charges for felony Assault. Learn more.

• What happens when you press charges on someone for Assault Austin, Texas? A warrant for the arrest of the defendant is issued after the victim presses charges in Austin. The defendant will have the opportunity to post bond but may be prohibited from contacting the victim by court order. The defendant will have to appear in court until the case is resolved and the victim may be required to appear at trial to provide testimony regarding the offense.

WHAT HAPPENS IF YOU BEAT SOMEONE UP IN AUSTIN?

Beating someone up can result in criminal Assault charges in Austin. However, a person can raise the legal defense of Consent if the event occurred in the context of a mutual fight. This legal theory is often called “mutual combat” and is premised on the idea that a person who agreed to be in a fight cannot later cry foul. The physical force must be proportionate for this theory to apply. In other words, a person cannot raise Consent in defense if they continue punching a person long after they are knocked out. Learn more.

• Is it illegal to spit in someone’s face in Austin? Yes, spitting in someone’s face is Assault in Austin. Additionally, spitting on a police officer can result in felony charges for Harassment of a Public Servant.

• Is spitting on someone Assault in Austin? Yes, spitting on someone is considered an inherently offensive and provocative act and is therefore punishable as Assault in Austin.

CAN YOU CHARGE SOMEONE IF THEY SPIT IN YOUR FACE IN AUSTIN?

Yes, Assault charges can be brought for spitting on another’s face in Austin. Spitting on another is considered an offensive and provocative act that can lead to criminal prosecution and lasting collateral consequences in some instances. Learn more.

• Is it battery if someone spits on you in Austin? Yes, spitting on someone in Austin is battery, which is subsumed into the Texas law of Assault. Assault in Texas prohibits offensive and provocative contact, such as spitting. Learn more.

IS IT LEGAL TO RECORD A FACE TO FACE CONVERSATION IN AUSTIN TEXAS?

It is legal to record a face-to-face conversation in Austin so long as one of the parties to the conversation is aware of the recording. It is illegal to record a conversation exclusively between individuals who are unaware of the recording in Austin. Learn more.

• What is class B assault in Austin? Class B misdemeanor Assault is the resulting charge when an individual who is not a sports participant threatens bodily harm or offensively contacts a sports participant during an athletic event or in retaliation for the event. Class B misdemeanor Assault carries a maximum 6 month jail sentence and a maximum $2,000 fine.

• Is sexting a crime in Austin? Yes, it is a criminal offense to send via text unsolicited sexually explicit material, including photographs and language describing sexual conduct.

TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE

Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.