The Trial

Houston, Texas Family Assault Trial Representation

Criminal Defense Attorneys Board-Certified in Criminal Law by the Texas Board of Legal Specialization

Standing as the Voice of Reason to Protect and Defend Texans

Family Assault or Domestic Violence

At Stradley, Chernoff & Alford, L.L.P., in Houston, Texas, family assault trial representation is one of our primary practice areas. We represent people throughout Texas who are facing domestic violence charges. Our attorneys are former criminal prosecutors who are board-certified in criminal law by the Texas Board of Legal Specialization. Contact the Houston family assault trial lawyers of Stradley, Chernoff & Alford, L.L.P., today to begin preparing as thoroughly as possible for your trial.

In our free initial consultation, we will explain why the family assault trial presents many challenges to the defense attorney and his client. First and foremost, it is a very emotionally charged proceeding, especially when a divorce or breakup has occurred. The complaining party may use criminal charges of spousal abuse to support an inequitable distribution of assets, alimony, or child custody.

Effects of a Divorce on a Spousal Assault Criminal Case

Civil cases such as divorce allow an opposing party to ask questions through interrogatories and admissions. Further, an opposing party can demand a deposition of the criminal client – invariably a dangerous situation since questions will undoubtedly be asked about the assault.

Depositions

You, the criminal defendant, can also request discovery as well. On a few occasions, Stradley, Chernoff & Alford, L.L.P. ’s Houston, Texas family assault trial lawyers have been able to enter into a domestic violence trial armed with the transcript of the complaining party’s deposition. We are then able to hold her to prior sworn testimony if she varies her story.

Hearsay

Another challenge in family assault trials is that much of the evidence used by the prosecution is based wholly on hearsay. The State relies on several exceptions to the hearsay rule, most notably “excited utterance.” Many Texas judges are apt to let hearsay into the trial.

Self-Defense

Self-defense often comes into play in spousal abuse trials. Unfortunately, a claim by the defendant that he struck out in self defense could open the door to the claim that the defendant had attacked the complainant on numerous other occasions. Ordinarily, uncharged offenses may be admitted if the prosecution is successful in arguing that they are needed to rebut a defensive theory.

Eliminating Biased Jurors

It is vitally important to the criminal client that his attorney identify and strike any potential juror who has had experience with domestic violence.

It is imperative that the person charged with this type of offense hire an experienced criminal defense attorney to protect him in all these situations. The lawyers at Stradley, Chernoff & Alford stand ready to keep the State from obtaining an unjust result in your case. To talk free of charge to one of our Houston, Texas, family assault defense lawyers, contact us.