TOUGH Houston Domestic Violence Attorney

Assault Attorney with over 13 years of experience

Police and prosecutors in Houston TX and surrounding counties take reports of domestic violence very seriously, and so does The Huff Law Firm. However, the system is not perfect. Without legal representation, victims of domestic violence may find it difficult to take advantage of the legal protections available. Moreover, those accused of an act of domestic assault or spousal abuse may face serious immediate consequences — before any determination of guilt or innocence.

At The Huff Law Firm, Our Houston Assault Lawyer represents clients in Harris, Fort Bend, Brazoria, Galveston, Montgomery, Chambers, Waller, and liberty counties who are facing issues of domestic violence in their household. Whether legitimate or fabricated, you need an experienced Houston Domestic Violence Attorney ready to aggressively fight any allegation of child or spousal assault.

What Are Defenses to Assault of Family Member?

Common Defenses to Assault on a Family Member or Domestic Violence include an unintentional domestic violence act or mistake, apparent family assault danger, lack of assault-family member knowledge, no domestic assault offense occurred, self-defense, defense of others, and defense of property. Notably, self-defense is the most common defense used in Assault on Family Member cases. An experienced Houston Assault Lawyer can help you develop the best defense.

To Prove self-defense, an accused must show either a threat of unlawful force or assault against them. The accused also must perceive a real honest fear of assault to themselves (words alone are not enough). The accused must not start the domestic violence altercation. Lastly, there must be no reasonable chance of retreating or escaping the battering situation.

As you can see, if you’re facing charges for Assault in Houston, there are a number of domestic violence defenses available. However, assault defenses will depend on the specific facts of your case. Houston Family Assault Attorney Korey Huff will help find defensive evidence to establish facts in your favor. It’s important to start this process early, so reach out to experienced Houston Assault attorney Korey Huff today. Our Houston Domestic Violence Attorney Hotline is available 24/7 Nights & Weekends! Call Now at 713-562-8700 and learn what criminal defenses may be available to fight your Houston Domestic violence case. Also, Reasonable Houston Assault Attorney Payment Plans are Available. Click Here for a Free Quote.

EXPERIENCED Houston Domestic Violence Attorney

Felony and Misdemeanor Houston Domestic Violence (Assault on Family Member) Cases are usually prosecuted by the Family Criminal Law Division (FCLD). Family Assault Prosecutors expect the “victim” to want charges dropped against their spouse, boyfriend/girlfriend, or household member soon after they make a Domestic Violence allegation. This “Family Criminal Law Division” is experienced and specializes in piecing broken assault charges back together after their own Domestic violence witnesses recant statements previously alleged to police officers. An experienced Houston Assault Lawyer knows how the law affects your case after a witness recants.

Just because a police officer questions a domestic violence witness via body camera, written statement, or audio record doesn’t mean its admissible evidence! Most assault allegations are hearsay, non-substantive, & inadmissible evidence that MUST be excluded from a jury until proven otherwise. It is important you contact an experienced Houston Assault Lawyer who is familiar with the “Family Criminal Law Division” and the laws available to Protect you and Your Rights! Call Houston Domestic Violence Lawyer Korey Huff today for a FREE case Review. Our Houston Domestic Violence Attorney Hotline is available 24/7 – 365 days a week! Don’t just plead guilty! Call free at 713-562-8700 and see if your case your case is eligible for dismissal. Also, Reasonable Houston Assault Lawyer Payment Plans are Available.

Why Do Houston Domestic Violence Prosecutors immediately call the “victim”?  

Any Assault on Family Member or Domestic Violence accuser can expect to receive a call from an Assault Prosecutor immediately. Here, the “Family Criminal Law Division” will ask your Domestic Violence Accuser the following three Questions: What happened? What are your injuries? What do you want the punishment to be?

Just because your Houston Domestic Violence or Assault on Family Member Accuser wants your charges dropped, doesn’t mean the state will not pick up the assault charges. Too often, the state asks the above three questions to see if they can prosecute you without your family member testifying against you. You need an experienced Houston Domestic Violence Attorney that understands how to protect you against false, emotional, and incomplete domestic violence allegations. Don’t just Plead Guilty! Call Houston Assault Lawyer Korey Huff today and see if your case is eligible for dismissal. Our Houston Assault Lawyer Hotline is available 24/7 – 365 days a week! Call Now at 713-562-8700.

Why was I arrested for assault? Isn’t it my word against her/his word?

“It’s your word against their word” UNLESS there is some corroborating evidence. Ideally, domestic violence police officers SHOULD listen to your explanation verses your accuser’s explanation, note any corroborating evidence, and deliver an unbiased communication to the Assistant District Attorney. Based on that Information, the prosecutor will make the determination whether enough probable cause evidence is present to support a warrant for your arrest. However, the first to call the police in an assault case rarely goes to jail.

Don’t just Plead Guilty! Call Houston Assault Lawyer Korey Huff today and see if your eligible for a non-arrest bond. Our Houston Domestic Violence Attorney Hotline available 24/7 – 365 days a week! Call Now at 713-562-8700 and receive a FREE Case Review. Also, Reasonable Family Assault Lawyer Payment Plans are Available.

What If I Have A Warrant For My Arrest & No Bond?

If you have a domestic violence warrant for your arrest, Houston Domestic Violence Attorney Korey Huff can work toward getting you a bond and a court date without going to jail 1^st. It’s called a non-arrest bond.

It is not uncommon for individuals charged with Assault on Family Member in Houston to have left the scene before the police get there. Leaving the scene does not automatically imply criminal guilt. It may simply be unsafe for the individual to remain onsite until the police arrive. Unfortunately, when you do leave the scene, only your accuser’s incomplete emotionally charged story gets told to an adrenaline filled police officer. While not speaking to police officers won’t hurt your criminal defense, a warrant for your arrest may be issued without your knowledge.

If the Houston family assault prosecutor decides to accept the charges for Assault on Family Member against you, Harris County will usually not give you a bond until it serves you with an Emergency Protective Order first. Moreover, Houston Assault prosecutors will usually demand your physical presence before you receive a Harris County bond. This may become problematic if you have a warrant for your arrest and step inside of a court house filled with officers ready to arrest you onsite. Nevertheless, skilled Houston Assault Lawyer Korey Huff can explain the process of working toward obtaining an Assault on Family Member Non-Arrest Bond in Harris county.

Don’t just Go To Jail! Call Houston Assault Lawyer Korey Huff today and see if your eligible for a nonarrest bond. Our Houston Domestic Violence Attorney Hotline is available 24/7 – 365 days a week! Call 713-562-8700 and receive a FREE Case Review! Reasonable Payment Plans Available upon Request.

In addition to Domestic Violence charges, we also handle the following assault charges:

• Misdemeanor assault (non-family member)
• Aggravated Assault (non-family member)
• Aggravated Assault w/ a deadly weapon
• Aggravated Robbery

Domestic violence charges are the most common assault charges and can happen to anybody after one bad night. When it comes to assault cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. At The Huff Law Firm, our criminal defense attorney Korey Huff will fight hard to accomplish the greatest possible outcome in each assault case. Don’t Give Up! Consult an experienced Houston assault attorney today for a free consultation at (713) 562-8700.

WHAT IS MISDEMEANOR ASSAULT? (non-family member)

What is the Statutory Definition of Assault?

A person commits an Assault in Texas if the person: 1.) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; 2.) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or 3.) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. See, Assault in The Texas Penal Code § 22.01, et seq. If you’ve been charged with assault,  Call Houston Assault Lawyer Korey Huff today and see if your assault charge can be defended & dismissed. Our Houston Domestic Violence Attorney Hotline is available 24/7 – 365 days a week! Call 713-562-8700 and receive a FREE Case Review! Reasonable Payment Plans Available upon Request.

What are the Classifications Assault?

Class C misdemeanor Assault is classified as a person who threatens another with bodily harm/assault or causes physical contact in a provocative or offensive way, and no other aggravating factors are present.

Class B misdemeanor Assault is classified as a person who commits assault against someone who is a sports participant during a performance or in retaliation for a performance. 

Class A misdemeanor Assault is classified as a person who causes bodily injury to another, and no other aggravating factors are present; or if a person causes physical contact in a provocative or offensive way against an elderly individual.

3rd Degree Felony Assault is classified as an Assault act committed against:

• A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
• A family member, member of the household, or dating relationship if defendant has been previously convicted of a similar offense, or if the offense was committed by intentionally or recklessly choking the victim;
• A person who contracts with the government for certain family services (such as Child Protective Services) acting in their official duties, or who is retaliated against for said duties;
• A person the actor knows is a security officer performing within the scope of their duties; or
• Offense is committed against a family member, member of the household, or dating relationship;
• Defendant has been previously convicted of a similar offense against an individual described above; and
• Offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth (choking).
• (or for aggravated assault, see below)

1st Degree Felony if aggravated assault is committed against someone with whom you have a domestic relationship; or a public official, police officer, emergency worker, security guard, witness, or informant.

2nd degree felony Assault is classified as an act against a person the actor knows is emergency services personnel while the person is providing emergency services.

Houston Aggravated Assault Attorney

What is Aggravated Assault?

An assault is considered “aggravated assault” if it results in serious injury, or a weapon is used in the commission of the assault. Aggravated Assault with serious bodily injury is a second degree felony. It is punishable by up to 20 years in prison and a $10,000.00 fine. “Serious bodily injury” is defined as an injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

What are the Penalties and Sentences for Assault?

• Assault Class C misdemeanor carries a Fine of up to $500.
• Assault Class B misdemeanor sentence up 180 days in jail and a fine of up to $2,000.
• Assault Class A misdemeanor carries a Sentence up to 1 year in jail and a fine of up to $4,000.
• Assault Third degree felony carries a sentence between 2 to 10 years in prison and a fine of up to $10,000
• Assault Second degree felony carries a sentence between 2 to 20 years in prison and a fine of up to $10,000.
• Assault First degree felony carries a sentence between 5 years to life in prison plus a fine.

Don’t just Go To Jail! Call Houston Assault Lawyer Korey Huff today and see if your aggravated assault charge or aggravated assault with a deadly weapon charge can be defended & dismissed. Our Houston Domestic Violence Attorney Hotline is available 24/7 – 365 days a week! Call 713-562-8700 and receive a FREE Case Review! Reasonable Payment Plans Available upon Request.

How to Defend an Assault Charge

• Self Defense is probably the most common defense to an assault charge or aggravated assault charge. Section 9.31(a)(1)(A) defines self defense for assault as “a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.
• Under the law of self-defense, you have the right to strike the first blow, but it must be immediately necessary. Words alone will not justify the use of force in self-defense. However, you have the right to defend yourself from an “apparent danger” (not a real danger) if you reasonably believed it is a real danger at the time. Many assault trials have been won under this self-defense theory.
• Defense of Others – This defense may be available in a situation where you used reasonable force to defend another person from the attack of a third party. Defense of others from assault may also be used where you reasonably believe another person is going to be seriously assaulted from a third party.
• Defense of Property – In an assault case, you can argue that you only acted in defense of your property. You may claim that your property was being illegally invaded or denied. This allows you to use reasonable force in defense of your property without it being assault. If your home is involved, Defense of Property is also available to disprove an assault allegation. You may be able to claim this defense if you used reasonable force against a person to prevent them from entering your home, vehicle or residence, or to prevent them from damaging your property.
• Mutual Combat – Sometimes its not Assault, Its just a FIGHT! Consent may be a defense to an assault/battery charge. If your accuser consented voluntarily to a particular act, then that same act generally cannot be asserted to constitute an assault and battery. But if the extent of the act surpasses the mutual consent provided, it can still provide grounds for assault and battery charges.
• Justification – A justification defense may apply in criminal situations where you committed an act that would normally be a criminal offense, but did so in order to prevent public or private injury in an emergency situation.
• Lack of Mental State – You may not have had the required mental state, or did not act knowingly, recklessly or intentionally, when allegedly committing the assault or aggravated assault crime.
• Consent is a defense most often seen in prosecutions for sexual assault. If your accuser willingly engaged in sexual intercourse but later says they were sexually assaulted, you may have a Consent Defense to Sexual Assault.

Don’t just Give Up! Call Houston assault attorney Korey Huff today and learn how your assault charge or aggravated assault with a deadly weapon charge can be defended & dismissed. Our Houston Domestic Violence Attorney Hotline is available 24/7 – 365 days a week! Call 713-562-8700 and receive a FREE Case Review! Reasonable Payment Plans Available upon Request.

Read Our Testimonials