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  • Writer's pictureBrian Foley

ASSAULT CLASS C - FAMILY VIOLENCE(FV) Montgomery County, Assault Lawyer

ASSAULT CLASS C - FAMILY VIOLENCE(FV) Montgomery County Assault Lawyer Brian Foley discusses class c misdemeanor family violence and tickets.

Do I need a lawyer for an ASSAULT CLASS C - FAMILY VIOLENCE(FV) in Montgomery County, Texas? Yes. Every ASSAULT CLASS C - FAMILY VIOLENCE(FV) case defendant should have a lawyer to advise them about the potential consequences including felony charges on future offenses if convicted. Even though the case is classified only as a ticket with a maximum penalty of $500 your criminal record could be stained forever with a conviction.

Howdy, I'm Brian Foley. We're talking about assault Class C Family Violence. If you've got a case in Montgomery County, Walker County, The Woodlands, Conroe, any of that kind of area, we can certainly help. We also serve Houston, College Station, down to Galveston, really anywhere in this southern area near Houston and those suburbs.

So let's talk about assault Class C Family Violence.

This is one that we get a lot. People are arrested, and they're confused because nobody's been injured. So, a Class C Level assault Family Violence in Texas is when there's offensive contact or maybe a threat but no bodily injury, no pain, no mark on the person who's listed as the victim. If it's a family violence case, it's often a loved one like a wife or a parent, or it could be a dating relationship, and they'll still call it Family Violence. It could be just like a college dorm roommate, and they'll still call it Family Violence. So when you're looking at this, it's important to remember a couple of things. A conviction for an assault Class C Family Violence can stay on your record forever. If you go in and you just pay a fine, you know, the fine is only a maximum of $500 plus whatever the court costs are, but it can stay on your record for a long time, maybe forever. We don't want that. It can be used to enhance future offenses that cause bodily injury to a third-degree felony.

If you've had this prior conviction for a Class C assault family member, then a new charge for Family Violence could be enhanced where the punishment range is two to 10 years in prison, and that's for any kind of scratch, any kind of bruise or mark, something like that in the future. And then worst of all from the perspective of most of our clients, if we've talked with somebody in the past, maybe used another lawyer, and they got some kind of deal that couldn't get expunged, they have issues with employers calling them and saying, you know, we, you don't seem to be the right candidate for the job. They can't understand why, and it's likely that what's happened is they've done a background check, they've found that Class C assault family member conviction, and they're using that to deny them that job, maybe deny them an apartment or a lease somewhere where they're trying to get something like that.

And then what can an attorney do for you in an assault Class C Family Violence case? Well, we can help negotiate an agreement in the case. We could fight the case at a jury trial. You do have the right to have a jury trial in a Class C, but more likely than not, what we're going to try to do is negotiate with the prosecutor to see, can we negotiate something that allows the case to eventually be expunged?

If the case is expunged, that means the government has to delete all the records. Every agency, oftentimes we're able to get mug shots even from private companies online erased, we do that all the time in cases like this, and there's typically a 180-day waiting period from the day of the offense to the time that we can get it expunged. Now, you may be able to get a case dismissed a little faster than that, but at least in Montgomery County, most of the time they're going to make you wait that full 180 days on a Class C offense before they sign off on an expunction.



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