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 policy to call the victim (complaining witness) and ask about those 3 items. What they say will have a bearing on the outcome of your case. In domestic assault cases 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 records. After tempers have cooled, often times the victim 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 crucial. For instance, if the person charged is screaming, threatening, or breaking things, that evidence can be presented in court.
3. Medical records. If the victim of an assault received medical attention, those record can be subpoenaed by the state. If the charge is 2 men, not family, are fighting, that's one thing. However, if the victim was a woman or family member, the state will be looking to establish an assault did in fact occur. Statements by family after the fact that they want the case dismissed will likely fall on deaf ears.
4. Assault cases involving family may be referred to a special division in the District Attorney's Office. Those prosecutors specialize in domestic violence. A family member assaulted may be asked to go to that office for an in depth interview. At that time, they will take a statement, evaluate the situation, and offer advice on domestic assault and 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 Attorney
These cases are taken very seriously by the District Attorney's Office. Many people 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 wrong. Brazoria County Domestic Violence Attorney Andy Nolen has represented over 3000 people and had many assault and domestic assault cases dismissed by aggressively collecting evidence, witnesses and statements. Attorney Andy Nolen has also won cases by setting them for trial and trying them.
If you have been charged with any type of assault case, please call Angleton Assault Attorney Andy Nolen at 832-480-8951 for a free consultation.
Angleton Assault Attorney and Brazoria County Domestic Violence Lawyer