Houston Assault Charges Attorney

Assault Crime Defense Lawyer in The City of Houston Defends Clients Facing Assault Charges in Harris County, Fort Bend County, Montgomery County, and Throughout Texas

Assault and especially Family Assault is one of the crimes most vigorously prosecuted by the State of Texas. You should never take assault charges lightly and should immediately seek the help of a Houston assault charges attorney.

Harming a spouse, partner or child in an abusive act is never the right thing for a person to do. However, false or overblown allegations lead to unfair and vindictive prosecution under our tough statutes governing Assault of a Family Member offenses.

When facing a domestic violence charge of any kind, a Family Assault Lawyer in Houston, like attorney Ed Chernoff can act swiftly to help you avoid a conviction.

I am well known as a strong Houston assault charges attorney and I defend aggressively. I understand that misunderstandings, exaggeration of facts, and even false accusations that are often part of domestic abuse allegations. We pledge to offer intimate client care, personalized service, and aggressive legal defense against charges that are often filed as a result of difficulty and emotion. Our only concern is the protection of your legal rights and future.

What Constitutes An Assault In Texas?

The misdemeanor version of this crime can loosely be described as the use of force to injure or make offensive contact toward another person. Bodily injury makes the crime a Class “A” Misdemeanor. Bodily injury only requires that some pain be caused.

According to Texas Penal Code, Title 5, Chapter 22, the definition of domestic violence is the intentional harm of a family member or one in a dating relationship. The laws governing family violence, often take it out of the realm of simple assault and battery. Those charged with assault will likely face a Class A misdemeanor, but charges and punishments will get more serious depending on the nature and extent of the incident. An allegation of choking, or use of a deadly weapon will result in a felony charge.

What Is The Difference Between Simple Assault And Aggravated Assault?

When a family matter or household quarrel develops into something more serious and police are contacted, one of the parties involved will likely be arrested on assault charges for family violence. The official type of crime you could potentially be charged with include: Assault of a family member, continuous family violence, or aggravated assault resulting from serious bodily injury or use of a deadly weapon.

The difference between crime classifications and respective penalties depends on the seriousness of the offense and a few other important factors – whether the offense results in Serious Bodily Injury: i.e., causes bodily impairment or permanent disfigurement; whether a Deadly Weapon was used; whether the offense involved choking or whether it repeatedly occurred against a Family Member.

What Will Chernoff Law Do For You?

The firm has many years of experience representing people charged with domestic violence, family assault, battery, or other assault charges. Assault of a Family Member is one of the major focus areas of Chernoff Law. We vigorously present our client’s defense. We insist that the prosecution prove its case.

Because Ed Chernoff is a former prosecutor,  he can anticipate the prosecution’s strategy and tactics. When the state’s evidence does not add up, he brings it to light. He rigorously cross-examines the state’s witnesses and points out inconsistencies, exaggerations, and lies in their testimony. Our purpose is to establish a reasonable doubt requiring acquittal. He is quick to counter any prosecution and argue for a dismissal or acquittal.

If charged with misdemeanor Assault or Aggravated Assault with bodily injury in Texas, you need an experienced lawyer on your side in court. The consequences for a conviction are much greater than you might think. Especially if the alleged victim is a family member.

Ed Chernoff is the founding attorney of Chernoff Law, and he has over 30 years of experience defending people charged with a crime in the greater Houston area. He is Board Certified in Criminal Law.

It is important that an accused understand the damage that an affirmative finding of family violence can have on his future.  With an experienced and zealous defense, we may be able to get the charge reduced or dropped.

We urge you to contact Houston assault lawyer Ed Chernoff at Chernoff Law for a free confidential consultation.

What To Do If You Have Been Issued A Protective Order?

Recently there has been great interest in the prosecution of Family Violence in the household. In Harris County, an entire division of the District Attorney’s office is authorized to prosecute domestic violence, spousal and family abuse. Oftentimes, these prosecutions are overzealous and result in a Magistrates Order of Emergency Protection, a protective order otherwise known as a MOEP.

The difference between a restraining order and a protective order is semantic. A restraining order is a label placed on civil orders keeping an individual from doing certain things with regard to a protected individual. In criminal court, the typical orders that apply are a MOEP and a no-contact bail condition.

The effects of a MOEP are severe and intrusive. You will be forced out of the home and ordered to limit your communication with your loved ones and children. Only the help of a good and experienced Family Assault Attorney can help you remove these restrictions.

In addition to the problems of where to live and how to regain your possessions, people on the wrong end of a criminal protective order face problems with bail and the potential for re-arrest.

• Bail: In Harris County, Texas bail may be set as high as no bond in domestic violence cases. After you are served a copy of the criminal protective order the prosecutor may agree to reduce your bond, but that’s little comfort if you’ve had to sit in jail or pay for an unnecessarily high bond.
• No Contact Orders: The prosecutor may request that you have no contact with your loved one as a condition of bail. This should be fought strenuously.
• Consequences of Violating No Contact Orders: If you violate the no contact order, even accidentally, and the complainant takes it to court, you may find yourself under arrest again and facing the inability to make bail.

What Is A Violation Of A Protective Order Case?

When a temporary protective order (MOEP) is issued, the accused is bound by law not to do certain things.  Doing any of the following may be a violation of a restraining order:

• Threats or harassment
• Following or stalking
• Destruction of property or assets
• Financial manipulation such as changing or emptying bank accounts or hiding assets
• Relocation of the family home or changing of a child’s school
• Contact with the “victim”
• Coming near the alleged victim’s home or work

Violating a protective order is serious. If you find yourself in this position, you need to contact an assault attorney experienced with Violation of Protective Order cases. Violations of protective orders can be punishable by fines up to $4,000 or possibly up to one year in jail. In addition, bail may be revoked.

Of course, a temporary emergency protective order can be filed unnecessarily without any proof, which is why we are prepared to defend you in court and have the charges dropped before the protective order becomes permanent.

Fighting No-Contact Orders And Violation Charges

The earlier you contact our firm, the sooner we can begin to represent your best interests. We can help you with the orders and the additional difficulties of high bail and bail conditions, and the frequent and often accidental violation of these conditions. In fact, just going home with permission from your spouse to collect your belongings can make you subject to arrest. We are here to help you and can answer all your questions when you call our offices.

Chernoff Law can help keep false restraining order accusations and unfair motions for criminal protective orders from landing you in jail. You have the right to fight. You have the right to a hearing. We work aggressively to get charges dropped and no contact orders lifted. When the stakes are high, put our defense on your side.

Contact Chernoff Law Now

At Chernoff Law, we understand your fears and concerns if you have been arrested for family assault. We vigorously present our client’s defense. We also insist that the prosecution prove its case. As a former prosecutor, we understand how prosecutors think. When the state’s evidence does not add up, we know it. We rigorously cross-examine the state’s witnesses and point out inconsistencies, exaggerations, and lies in their testimony. Our purpose is to establish a reasonable doubt requiring acquittal.

We are accomplished in obtaining dismissals and acquittals for our clients. We have obtained over a hundred dismissals in the last five years. Although each case is fact specific, the majority of our clients never face conviction. We urge you to contact a Houston assault charges attorney at the firm for a free confidential consultation.