San Marcos Assault Lawyer
Assault is a serious charge in San Marcos. In Texas, Assault does not have to include serious injury. Assault charges can be based solely on a verbal allegation. Physical evidence is not required, and often absent. This creates a dangerous situation for the accused.
Assault Consequences in San Marcos
Assault charges range the full spectrum of punishment found in the Texas Penal Code, from a Class C Misdemeanor, punishable by 0 days in jail, to a First Degree Felony, punishable by 99 years in prison.
- How long do you go to jail for assault in San Marcos?Most people face up to 1 year in jail. A first-time charge for Assault – Bodily Injury (ABI) in San Marcos is a Class A Misdemeanor, unless enhanced by aggravating factors. First-time offenders face up to one year in jail, a permanent criminal conviction, and thousands of dollars in fines.
- What is simple assault in San Marcos?A physical interaction without bodily injury or pain is a Class C Misdemeanor in San Marcos. This is punishable by 0 days in jail and a fine of up to $500.00.
Domestic Violence consequences in San Marcos
Assault cases involving people with familial relations, past or present dating relationships, and spouses are very common in Hays county.
- What Are Consequences For ABI Family Violence?Assault Bodily Injury – Family and Assault Bodily Injury – Married are both Class A Misdemeanors, unless enhanced by certain factors. First-time offenders face up to one year in jail, a permanent criminal conviction, thousands of dollars in fines, and unique collateral consequences.
Domestic violence charges are not eligible to be sealed if dismissed after probation. They are also enhanceable, and can turn into felony charges very quickly.
- Is slapping someone assault in Texas?Yes. Slapping someone is a criminal act in San Marcos as it is elsewhere in Texas. It’s punishable by up to 1 year in jail, and can result in a permanent criminal conviction.
How can assault charges be dropped before court?
Assault charges are not dropped before court in San Marcos. The Texas legislature has created a provision for speciality courts to deal with issues like domestic violence. In Hays county, the specialty court dealing with domestic violence at the misdemeanor level is Hays County Court 4.
The Hays County District Attorney’s Office, not the victim, determines whether the case will be prosecuted. Because of the severity of domestic violence, assault cases regularly proceed in San Marcos even in circumstances where the victim is uncooperative.
- What is an Affidavit of Non-Prosecution in Texas?An Affidavit of Non-Prosecution (ANP) is a sworn statement the complainant in an Assault case can file with Hays County Court 4 or the Hays County District Attorney’s Office requesting a domestic violence or Assault Bodily Injury – Married or Assault Bodily Injury – Family, be dropped and dismissed.
- Does Domestic Violence Stay on Your Record?Domestic Violence charges, even if dismissed after deferred adjudication, remain permanently on an individual’s criminal record. Assault charges involving family violence are not eligible to be sealed through a petition for nondisclosure.
The only way to remove a domestic violence charge from the record is to delete the entire incident through an expunction. This is why it’s critical to fight for dismissal in every domestic violence case. Learn more.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.