HAVE YOU BEEN CHARGED WITH DOMESTIC VIOLENCE?
Nov. 4, 2021
Few accusations can cause more lasting damage than domestic violence. The allegation can change the life of an individual or family forever. After an accusation of family violence, the police will almost always make an arrest. After that, a couple can lose control over how the charges are handled. Police departments and prosecutors regularly prosecute cases even if the accuser no longer wants to move forward with the charges. Even worse, domestic violence cases carry an affirmative finding of family violence, which makes the criminal record unsealable and impossible to clear from a criminal history.
The consequences of an affirmative finding of family violence are multiple:
The finding bars a person from ever owning or possessing a gun again;
The finding can affect a person’s child custody rights in a divorce proceeding;
The finding can affect the amount of money the other spouse can receive or negotiate in a divorce proceeding;
The finding can cost a person his current employment and future employment opportunities, and
The finding prevents the case from ever being sealed or cleared from a person’s criminal record.
Unfortunately, this makes affluent clients susceptible to accusations that are financially motivated. At times, they can be encouraged by attorneys or counselors to include such allegations as part of a divorce.
However, great legal representation can help avoid or mitigate these outcomes. Reach out to MC Criminal Law in Dallas for dependable, fearless counsel in a domestic violence case. They serve the Dallas area, as well as Fort Worth, Denton, Plano, and McKinney, Texas, with skilled representation.
Why MC Criminal Law?
Kendall Castello and Messina Madson were the chief and deputy chief of the Dallas County DA’s Family Violence Division and now regularly represent professionals who are accused of domestic violence crimes. With more than 30 years of combined criminal experience and 300 trials between them, they have handled hundreds of these cases as prosecutors and defense attorneys, and they know how to analyze and defend them. Understanding the prosecutor’s mindset and the weaknesses of these types of allegations, their firm has achieved great results in many cases—including dismissals and no-bills—often keeping the allegations from ever becoming public.
MC Criminal Law is committed to providing extensive, personalized attention to every client. Unlike firms that depend upon high volumes of cases, they choose to work with few clients for exceptional results. They use their extensive experience as both prosecutors and criminal defense attorneys to zealously fight for their clients. If that sounds like what you are looking for, they are an ideal firm.
Types and Levels of Family Violence Offenses
Class C Misdemeanor – Up to $500 fine and an affirmative finding of family violence
Class C Assault Family Violence – offensive contact with a family member
Class A Misdemeanor – Up to 1 year in jail, $4,000 fine, and an affirmative finding of family violence
Assault Family Violence – Intentionally, knowingly, or recklessly causes pain to a family member
Violation of a Protective Order – A non-assaultive violation of a protective order
Third Degree Felony – 2 to 10 years in prison, $10,000 fine, and an affirmative finding of family violence
Assault Family Violence Enhanced – An assault family violence with a previous affirmative finding of family violence
Violation of a Protective Order – An assaultive or stalking violation of a protective order
Assault Family Violence Impeding – Assault family violence by impeding the normal breathing or circulation of the blood of a person
Second Degree Felony – 2 to 20 years in prison, $10,000 fine, and an affirmative finding of family violence
Aggravated Assault with a Deadly Weapon – Assault Family Violence (see above) 1) using a deadly weapon OR 2) that causes serious bodily injury
First Degree Felony – 5 years to 99 years or Life, $10,000 fine, and an affirmative finding of family violence
Aggravated Assault with a Deadly Weapon – Assault Family Violence (see above) 1) using a deadly weapon AND 2) that causes serious bodily injury
Murder – Intentionally or knowingly causes the death of another person
When you are accused of a criminal offense, nothing speaks louder than the results an attorney earns. Here are a few examples of results we have received in recent cases:
Assault Family Violence Impeding – Case Dismissed and Expunged
A decorated veteran and successful businessman accused of a crime by his wife who was a medical doctor, shortly before she filed for divorce. We successfully challenged the case through the grand jury with polygraph results, an illustration of her financial motivation to make the accusation, and his exemplary past relationships and military record. The case was initially reduced to a misdemeanor by the grand jury and later dismissed and expunged while the complainant continued to press for full prosecution.
Assault Family Violence Impeding – Marriage Reconciled, Case Dismissed and Expunged
A highly successful businessman accused of a crime against his wife. She initially files for divorce. Through extensive work with client’s divorce attorney, we were able to help client address his issue with alcohol and begin intensive marital counseling. The marriage was eventually reconciled and the case dismissed and expunged.
Violation of a Protective Order – Case Dismissed and Scheduled for Expunction
Business executive with significant addiction issue shows up at his former home in violation of a protective order while highly inebriated. We were able to negotiate a conditional dismissal based on proven sobriety and an anger management course. Case was dismissed and is set for expunction.