1. The State (District Attorney) will make a R.I.P. call on your case. That stands for: restitution, injury, and punishment. The state is required by their guidelines to call the victim (complaining witness) and ask about those 3 things. What they say will have a bearing on the outcome of your case. In family assault incidents in particular, the state is looking not only to establish the extent of any injuries, but to establish that an assault did in fact occur.
2. 911 calls. If 911 was called, the state will likely subpoena those details. After emotions have cooled, often times the target of an assault may ask that the case be dismissed. The state will use the 911 call to determine the seriousness of the situation and the demeanor of the person calling. Often, whats in the background is very important. For instance, if the person charged is shouting, intimidating, or smashing things, that information can be presented in the courtroom.
3. Health records. If the victim of an assault received medical assistance, those files can be subpoenaed by the state. If the charge is 2 men, not family members, that are combat, that's one thing. However, if the victim was a female or relation, the state will be looking to determine an assault did in fact occur. Assertions by family after the fact that they want the court case dismissed will likely fall on deaf ears.
4. Family Criminal Law Division. Assault cases involving family members may be referred to that division in the District Attorney's Office. Those prosecutors specialize in family violence. A household member assaulted may be asked to go to that office for an in depth interview. At that time, they will take a statement, take a look at the situation, and offer advice on family assault and local community programs that may help.
5. A first time Assault is a class A misdemeanor carrying up to a $4000 fine and a year in jail. If the court makes an affirmative finding of domestic violence. A second assault is a 3rd degree felony carrying up to 10 years in prison and a $10,000 fine. A domestic assault involving choking is a 3rd degree felony the first time it occurs.
Angleton Assault Attorney and Brazoria County Domestic Violence Lawyer
These cases are taken very seriously by the District Attorney's Office. Many individuals believe they will be treated like a small incident or that once a family member announces they want the case dismissed it's all over. Those people are completely wrong. Brazoria County Domestic Violence Lawyer Andy Nolen has represented over 3000 people and had many assault and family assault cases dismissed by aggressively collecting facts, witnesses and statements. Attorney Andy Nolen has also won cases by setting them for trial and trying them. If you have been accused with any type of assault court case, you should call Brazoria County Domestic Violence Lawyer Andy Nolen at 832-480-8951 for a free consultation.
Angleton Assault Attorney and Brazoria County Domestic Violence Lawyer
