The Dallas Police and other local law enforcement agencies have increased their arrest and prosecution of felony family violence cases involving the choking or impeding of an airway. These types of assaults were raised to felony level in recent years by the Texas legislature.
The police will file a felony cases if they find any evidence that the victim of a family violence assault had their ability to breath impeded by any method by the suspect. This can be done by choking or smothering the hands, arms or any object. The police will take a statement from the victim and photograph any injuries they observe. The police are specifically trained to ask questions regarding whether the victim lost the ability to breath during the assault or struggle.
The charge is has very serious consequences. The penalty range is 2 to 10 years in prison. If you find yourself charged with this offense then you need to consult with an experienced criminal defense attorney as soon as possible.
Johnny Manziel made an appearance in a Dallas courtroom today in order to hear Judge Rob Canas review his bond conditions. Manziel was indicted last week for the misdemeanor charge of assault of his ex-girlfriend.Colleen Crowley.
At the moment it’s hard to say how the case may be resolved but Manziel’s attorney’s have said Manziel will not be pleading guilty to assault charges. All criminal lawyers will first attempt to resolve a case without a trial. If Manziel’s lawyers cannot secure a dismissal from the Dallas District Attorney’s office, then the case will go to trial. Continue reading
The Dallas Police Department has referred the Johnny Manziel assault case investigation to the Dallas County Grand Jury. This is an interesting development because the police rarely refer misdemeanor cases to the grand jury. The usual practice is to make an arrest and file the case directly with the District Attorney’s Office. Felonies must go through the Grand Jury before they can move forward but not misdemeanor charges. However the law does allow misdemeanor charges to be brought before a grand jury and this case seems ideal for that. Continue reading
According to the Dallas Morning News, the Dallas Police Department could file assault charges against Cleveland Browns quarterback and former Aggie Johnny Manziel next week. The charges stem from an altercation Manziel had with his ex-girlfriend several weeks ago. She has told police Manziel became angry in a hotel room, dragged her by her hair, forced her into his car and struck her on her ear, causing her to lose her hearing temporarily. She also accused Manziel of threatening to kill her.
The Dallas Police have been investigating the charges, obtained medical records and interviewed witnesses. From reading the story, it appears the police have made up their minds and will file charges. So far, Manziel hasn’t given the police his version of the events. Continue reading
Dallas residents may have read about Dallas Mayor Pro Tem Tennell Adkins recent citation for Class C Assault. Dallas Police issues a citation to Adkins after a city employee accused him of shaking her after she refused to let him through a secured area. Police interviewed an independent witness to the incident.
A class C assault carries no jail time but a person can be fines up to $500. Even though there is no jail time a conviction for class C assault can still carry life long consequences. Record checks by potential employers can raise huge red flags if they spot any type of assault conviction.
Under Texas law a Class C assault is an offensive touching. The alleged victim does not have to experience any pain. This can cover many different fact situations. There are many defenses to this type of charge and also many ways an experienced Dallas Assault Attorney can get this type of charge dismissed. If you are charged with a Class C assault take it seriously and hire a Dallas Assault Attorney as soon as possible
Dallas residents may have seen this recent story in the Dallas Observer regarding a Dallas Police Officer arrested for Felony Domestic Violence charges. Dallas Police Officer Julian Harris was arrested last week for Aggravated Assault. The arrest occurred after Harris’s girlfriend had been hospitalized for serious injuries.
Dallas Domestic Violence cases are very serious and can life changing consequences. Domestic violence cases have received a great deal of publicity in the local media. There has been an outcry for more prosecution of these types of cases and as a result the police and District Attorney’s Office has put a high priority on the prosecution of these types of cases.
The cases can be filed as misdemeanour or felony’s depending on the type of injuries received or whether the victim was threatened with a deadly weapon. The Dallas District Attorney’s Office has a Family Violence Section dedicated to the prosecution of these types of cases. When a case is filed with the DA’s office a Domestic Violence Advocate will contact the victim and verify the police report and ask for additional details and explain the process. The advocates always explain to the alleged victim that it is up to the prosecutors to determine if a domestic violence case will be dismissed.
Just because you are charged with Domestic violence does not mean you will be convicted. There are many ways to defend a domestic violence charge. An experience Dallas Domestic Violence attorney will be able to explain all your rights and possible defences to the charges. There several ways a Dallas Domestic Violence Attorney can negotiate a dismissal depending on the facts.
If you find your self facing a Domestic violence accusation contact a Dallas domestic violence lawyer as soon as possible.
Texas felony assault choking charges are very serious and steps should be taken to defend against the allegation immediately. These case often become he said she said allegations so the credibility or more accurately the lack of credibility is crucial to a successful defense. Here are 4 steps to immediately take to help defend a felony assault choking case.
1. Record any recantation. Many times the victim will recant the accusation soon after arrest. It is important to record the recantation by one or more means. Most cell phones are capable of recording conversations if properly equipped.
2. Affidavit of non-prosecution. It is important to get the victim to sign a sworn affidavit of non-prosecution. This can later be given to the prosecutor or used in trial.
3. Determine if there are photos of injuries. The key element in a felony assault choking case is choking. Any proof of lack of evidence can help the defense in trial. If there is no bruising in
4. Document inconsistent statements. If the victim has told different versions of the story to other people document what was said and to whom the statements were made. Inconsistent statements can destroy a witnesses credibility.
Felony Assault Choking charges are often filed when the police are called to answer a domestic violence report. In 2008 the Texas legislature changed the assault laws and provided for punishment enhancements for certain types of assaults. The majority of domestic assault cases involve allegations that a husband or boyfriend has slapped, punched, or pushed their significant other and caused a minor injury. Any type of pain experienced by a victim will allow the police to arrest a person a class A misdemeanor charge. Class A Family violence assaults charges are serious, but things can get even more serious if there is an allegation that the defendant choked or impeded the victims normal breathing or circulation of blood. If the police believe these facts occurred then they can bring felony charges.
The Felony Assault Choking charges has a penalty range of 2 to 10 years in prison. If a person has never been convicted of a felony they are also eligible for probation. Victims rights groups have been very active in pushing for tough enforcement of these laws. The police are trained to look for any evidence of choking and to ask specific questions of the victim about choking or having their ability to breath cut of for any time during the assault. If the victim says that their breathing was cut off then felony charges will be brought.
Dallas Felony Assault Choking charges have been on the increase which reflects the national trend. These charges are very serious and can have life long consequences. The Dallas District Attorney’s Office has a special Family Violence unit that aggressively prosecutes these cases. If you are charged with this type of offense you should consult with a Dallas Felony Assault Choking lawyer as soon as possible. There are many ways to defend this allegation but you will need an experienced criminal attorney to guide you through the judicial system.
The Dallas Morning News has a story on the annual Crimes Against Women’s Conference which begins today. Family violence advocates, prosecutors and police officers meet all week to train in different aspects of prosecuting domestic violence cases. The conference is a reflection of a growing trend seen across the nation which encourages aggressive prosecution.
Most of the larger district attorney offices in Texas have set up special units which handle domestic violence cases. The units have family violence advocates who contact the complaining witness and file protective orders on their behalf. Prosecutors push for convictions and try to avoid dismissals of cases.
Domestic violence charges are very serious. A family violence finding can prevent a criminal record from being sealed and can also seriously impact a person’s custody rights in a divorce proceeding. Law enforcement officers will always make an arrest when their is an accusation and once charges are filed it can be difficult to have them dismissed.
If you have been arrested on a domestic violence charge meet with a criminal attorney and learn what your rights are under the law. It is important to consult with a lawyer before you discuss the case with anyone else an experienced criminal attorney can explain to you how the court system works and the best way to proceed in your case.
Under Texas law the felony offense of aggravated assault may be proven in different ways depending on the facts of each case. When there is an injury involved in an assault prosecutors sometimes allege that the defendant caused “serious bodily injury” to the victim in order to try an prove that the assault is a felony. This happens most often in mutual combat situations such as bar fights. Often times the conflict may have been a one or two punch affair but if the loser of the fight suffered a broken bone or serious cut. The offense could change from a misdemeanor assault charge to a felony if the prosecutors believe that their victim suffered serious bodily injury.
The legal definition in the penal code for serious bodily injury is, ” bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” There are many court cases which have dealt with this specific issue and several convictions have been reversed because the prosecutors did not prove serious permanent disfigurement or protracted loss or impairment.
In one Texas case the conviction was reversed because the court found that even though the victim had been stabbed and there was a two inch scar the prosecution had not met there burden of proof on permanent disfigurement. In another case there had been testimony that the victim suffered fractured ribs and could not lift their arms above there heads for two weeks. In that Case the court ruled the State had not proven protracted loss or impairment.
Just because a victim has a cut or broken bone does not automatically mean the prosecutors can prove a felony aggravated assault. A criminal attorney should always carefully review all medical evidence, photos, and even consult experts when investigating aggravated assault charges. If the prosecutors can be persuaded that the serious bodily injury issue is a problem in their case they may be more inclined to reduce the charge to a misdemeanor. The criminal defense attorney on the case should also raise this issue at the grand jury proceedings to either attempt to get a “No Bill” in the case or a misdemeanor charge.