What Happens If I'm Convicted or Plead Guilty?

Houston Family Violence Attorneys

Criminal Defense Lawyers 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

If you are facing charges of domestic violence anywhere in Texas, it is essential that you have experienced legal representation who will keep you fully aware of the effects of a guilty plea.

To talk about your case with one of the experienced Houston family violence attorneys at Stradley, Chernoff & Alford, L.L.P., for free, contact us through this Web site.

When Is an Assault Case Evidence of Family Violence?

Texas laws regarding family assault are harsh. Article 42.013 of the Texas Code of Criminal Procedure requires the judge to enter a finding of family violence into the judgment of any assault case which warrants it. Often, the prosecution has specifically prepared the charging documents to reflect that the crime was committed against a member of the defendant’s family. If the criminal defendant pleads guilty, without amendment, he is admitting everything, including the family violence. Legally, this is called an “affirmative finding” of domestic assault.

Immigration and Other Legal Consequences of an Affirmative Finding

The effects of a guilty plea or conviction are especially important for non-US citizens because they have immigration consequences. It is also important to anyone, citizen or not, because since September 1, 1999, a Class A misdemeanor assault can now be considered a third-degree felony if there is one other conviction involving violence against a family or household member. “Conviction” includes guilty pleas and even deferred adjudications.

How Does the State Prove a Prior Domestic Violence Conviction?

An “affirmative finding” of family violence, or a guilty plea is not the only way that the prosecution can prove a prior domestic violence case. The State can also prove it by producing evidence of prior assaults that were never prosecuted.

Felony or Misdemeanor: Does It Make a Big Difference?

There is a huge difference between a misdemeanor and a felony. A felony carries with it the potential for prison. Many employers are terrified about hiring someone with a felony assault case. Many of your civil rights are impacted. The stigma attached to a convicted felon makes every goal and dream in your life that much more difficult to attain.

Contact an Experienced Houston Family Violence Attorney

It is always in a criminal defendant’s best interest to avoid an affirmative finding of family violence. Although this may not always prevent a future felony charge, it greatly reduces its chances since the State will have more hurdles to jump over to prove what they need to turn your misdemeanor into a felony.

Punishment is Harsh

Texas laws regarding family assault are harsh. A Misdemeanor Assault conviction carries with it the possibility of up to one year in jail and a $4000 dollar fine. Probation or Deferred Adjudication is also available to an eligible defendant. Unlike other types of cases, however, a deferred adjudication for a Domestic Violence offense cannot be non-disclosed to the public. That means that barring legislative change, the arrest, charge and plea remains on the defendant’s criminal record for the rest of his life.

To schedule a free consultation with a Houston family violence attorney at Stradley, Chernoff & Alford, L.L.P., contact us today.

Stradley, Chernoff & Alford, L.L.P.
Republic Building
1018 Preston, Suite 200
Houston, TX 77002
Phone: (713) 222-9141
Fax: (713) 236-1886

The Houston, Texas, criminal defense law firm of Stradley, Chernoff & Alford, L.L.P., represents people who have been accused of a state or federal crime anywhere in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, Bellaire, as well as Houston County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, and Harris County.