Dropping an Assault Charge in Texas
Unfortunately, there is an inaccurate belief or misunderstanding held by many alleged victims and defendants who face an assault charge in Texas. I often times meet with defendants facing either assault or domestic violence charges and have to explain that their spouse, girlfriend, boyfriend or roommate cannot simply sign a piece of paper and have the assault charge “dropped.”
The decision whether to drop or dismiss a criminal assault or family violence charge is up the prosecuting office involved in the case. Although a prosecutor will likely contact an alleged victim in an assault case to inquire as to their thoughts on the case, the prosecution is in no way bound to follow an alleged assault victim’s wishes.
Prosecution of Assault Charges in Travis County
Assault family violence charges and domestic assault cases are taken very seriously by Travis County prosecutors because of the very nature of domestic violence. Austin prosecutors understand that in many cases, real victims of domestic violence will often recant their allegations of domestic abuse or assault because they fear their abuser, have forgiven them or because they may rely on the defendant for financial support. In Travis County, misdemeanor assault charges are prosecuted by the Travis County Attorney’s Office, while felony assault cases are prosecuted by the Travis County District Attorney’s Office.
Defenses to Assault in Texas
Texas law recognizes a variety of legal defenses to an assault charge. For example, mutual combat and self defense are just two of many defense strategies or defenses to assault charge that a good criminal defense lawyer will recognize, suggest or prepare in a family violence case. This is why it is critical that you have skilled legal representation when facing either a felony or misdemeanor assault charge.
Dedicated Austin Assault Lawyer Working For You
If you have been arrested or charged with assault or domestic violence in Austin or Travis County and are confused or unsure how to proceed, please call Austin criminal defense lawyer Kevin Bennett at (512) 476-4626. You may also contact the Law Office of Kevin Bennett through email.