Domestic Violence, or Family Violence, cases are politically charged offenses that criminal defense attorneys must handle carefully. Numerous public-interest groups closely track the actions of judges and prosecutors in assault/family violence cases. For that reason, most district attorneys’ offices have a "no drop" policy, which means that once a case is filed, the DA will not dismiss the case.
Consequently, if you are charged with domestic violence, it is crucial to retain an experienced and knowledgeable attorney early in the legal process. In most cases, the chances of dismissal are slim. If the matter can be disposed of before the case is filed, some of the political constraints may be avoided. When evaluating assault / family violence cases, experienced prosecutors will consider the following:
Often, after an assault or domestic violence arrest, the victim no longer wants to prosecute. However, once assault charges have been filed, district attorneys’ offices usually have a "no drop" policy; the power to decide is taken out of the hands of the victim and placed in the hands of the prosecutor handling the case. Generally, the prosecutor will pursue the case even if the victim has requested that the charges be dismissed. However, in cases in which the injuries are minor, the accused does not have a criminal history and/or the case will not be easy to prove, the prosecutor may honor the victim's wishes.
When you are facing assault / family violence charges, you need an experienced attorney to evaluate your case. At times, the state simply cannot prove a case. You must consider the consequences of your plea. Even if you receive deferred-adjudication probation, the next assault / family violence charge may be increased to a third-degree felony.
| Offense | Confinement | Maximum Fine |
| 1st | Up to 365 days | $4,000 |
| 2nd or more | 2 to 10 years | $10,000 |
| Aggravated AFV | 2 to 20 years | $10,000 |
| Murder (family member victim) | 5 to 99 years or life | $10,000 |
| Capital Murder (family member victim) | Life or Death |
Tackett Legal, P.C. have handled thousands of Domestic Violence cases. When you seek our help, we will investigate the case, compile evidence in your favor and aggressively protect your legal rights. If we are unable to achieve a settlement before the case is filed, we will pursue the case with an eye toward trial.
When you need legal help, call our office at (940) 591-1633. The sooner we are able to take action in your defense, the greater your chance of a favorable outcome. Tackett Legal, P.C. offers a no-cost, no-obligation initial consultation to discuss your legal problem.