Family violence in Texas means an assault against a family member, household member, or a current or past dating partner. When someone makes a 911 call regarding a family violence assault, which is typically how the police become involved, someone will almost always be arrested. This is to prevent further acts of violence from occurring. In some cases, it is the person who called the police that is arrested, either because they initiated the physical contact or because the police believe they were the aggressor.
Often, people mistakenly believe that the victim in an assault case can decide to simply ‘drop the charges’ after the arrest. However, that is not always the case. Ultimately, it is up to the prosecutor to decide whether or not to pursue the charges.
Depending on the facts of the case, several defenses may be available to induce a reduction in charges or even a dismissal. This includes Self-Defense (Texas Penal Code, 9.31), Defense of Third Person (Texas Penal Code, 9.33), and Protection of One’s Own Property (Texas Penal Code, 9.41).
Contact Law Office of Alejandro Martinez, PLLC, an experienced Austin Criminal Defense Lawyer to determine the best strategy for you.