Montgomery County Texas Domestic Assault Defense Lawyers
Misdemeanor Family Violence Cases are Prosecuted Quickly in Montgomery County
Since the fall 2011, the Montgomery County District Attorney’s office prosecutes misdemeanor domestic assault cases on a dedicated domestic violence docket in County Court-at-Law No. 2. Cases are fast-tracked in this court and initial bonds are set high (e.g. $20,000). Local attorneys refer to it as the “rocket docket” because cases are moved extremely fast. Many criminal lawyers avoid taking cases in this court for that very reason. Accused usually have their first court setting (arraignment) within two weeks of their arrest. The case is then reset two weeks later for a pretrial hearing. At that setting, if the case is not worked out in a plea, then it is set for trial two weeks later. In other words, from the date of arrest to the date of trial is usually only 6 short weeks. If the case is not resolved at the pretrial setting and is set for trial, then the court no longer accepts a plea bargain.
As a result of the high bonds and limited time to hire an attorney for trial, fewer defendants can afford to retain experienced defense trial attorneys and either represent themselves to their peril or rely on court-appointed counsel. Prior to the creation of this rocket docket for misdemeanor family violence cases, the county wide conviction rate for these cases was about 50%, but now the conviction rate has grown to 85%.
Attorney James Sullivan defends clients accused of assault family violence in Montgomery and the surrounding counties with a simple philosophy that applies to all criminal cases. If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then James Sullivan advises his client that they should fight the case at a jury trial. Unlike many other attorneys, James Sullivan does not try to convince an innocent person to plead guilty. Instead, James Sullivan fights for his clients’ rights, freedom and future at trial.
The Consequences for Assault Family Violence
Depending on the circumstances, the prosecutors can charge Assault Family Violence either as a:
- misdemeanor, or
- felony.
A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner. If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault. If the person choked their partner or restricted their breathing, then it is also a Felony. Note: an inexperienced criminal defense attorney may be able to win the case at the grand jury level, but it is important to retain the attorney right away or the opportunity may be lost. No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member. Punishment for those who are found guilty of misdemeanor assault family violence may also include:
- Community Supervision (Probation)
- A fine of up to $4,000.00
- Jail confinement of up to one year
- Community service
- Anger management counseling
The Montgomery County District Attorney’s Office immediately calls the alleged victim to get their statement as to what happened. The prosecutors lock in the emotional stress of the event by obtaining their immediate statement. However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.
Arrested for Assault involving Family Violenc? Call Conroe Criminal Lawyers James Sullivan & Associates at (281) 546-6428.
Defending a Montgomery County Assault Family Violence Charge
Assault against a family member is very serious and can have far reaching consequences. The accused may be permanently barred from working in certain industries. The accused may be denied housing in apartment complexes. If you are charged with assault family violence, you should seek legal advice from an experienced criminal defense lawyers.
The Montgomery County Criminal Lawyers at James Sullivan and Associates fight to get their client’s assault family violence charges dismissed or won at trial. Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest. While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.
Negotiating a plea deal with prosecutors should be the last resort. A good Montgomery County domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies. Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues.
Montgomery County Criminal Lawyers Fighting for Your Rights, Freedom and Future
Contact a Conroe Assault Family Violence Lawyer
The best way to resolve the case is by first talking with a Montgomery County Family Violence Lawyer. Conroe Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation. He will aggressively defend you. His legal fees are affordable, reasonable and fair.
James Sullivan & Associates | Conroe Texas Domestic Assault Attorney
James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your domestic assault charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.
Certainly each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results.
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