Tag Archives: Houston Criminal Lawyer
Assault on a Family Member in Texas
Assault-Family Member is a unique charge. You definitely need a Houston Criminal Defense Attorney to help you. What makes it so unique is the person really doesn’t even need to be a family member. It can be a roommate, a girlfriend, or even someone that you used to live with. Of course it also applies to other family members such as children, wives, brothers/sisters, etc.Assault-Family Member is a unique charge. You definitely need a Houston Criminal Defense Attorney to help you. What makes it so unique is the person really doesn’t even need to be a family member. It can be a roommate, a girlfriend, or even someone that you used to live with. Of course it also applies to other family members such as children, wives, brothers/sisters, etc.
One thing that usually accompanies a charge of Assault of a Family Member is a Magistrates Order of Emergency Protection (a restraining/no-contact order). Typically (in Harris County) they are 61 days for a misdemeanor and 91 days for a felony. However, if someone goes through a civil court to get the order, it can be up to 2 years. The ones that are given in court can be signed by the judge even if the family members are no longer mad at one another. It is very difficult for a lawyer to remove this order within the 2 or 3 months that it is intact.
For this particular type of crime the elements are…
- Intentionally, knowingly, or recklessly causing bodily injury to someone else
- Intentionally or knowingly threatening someone else with imminent bodily injury
- Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative
Assault – family member is a Class A Misdemeanor. A Class A misdemeanor carries a range of punishment of up to one year in jail and up to a $4000 fine. If found guilty, you will get what the state likes to call “an affirmative finding of family violence” on your record. That will be on your record for the rest of your life. Basically what that means is if you ever pick up a Class A Assault-FM in the future it will be enhanced to a felony.
But, if during the alleged assault you cause serious bodily injury or use a weapon against the “victim” you could be charged with Aggravated Assault on a family member which is a 2nd degree felony. A 2nd degree felony carries a range of punishment of 2 to 20 years in prison and up to a $10,000 fine. More commonly in Harris county, we see Aggravated Assault-FM by impeding breath. This is the typical charge you will see when there is an allegation of “choking”.
It is very important to have a competent Criminal Lawyer in Houston when handling one of these cases. They are defendable, and there are many potential avenues to keep this from going on your record. A Houston Criminal Defense Attorney that has seem multiple Assault-FM cases should have no problem explaining what possible defenses and outcomes they see in your particular case.
Hiring an Out of County Attorney
Some people say you should never hire a Criminal Lawyer in Houston to handle a case in another county. The people who argue this usually say that it is better to hire someone who is well connected in the other counties court house. I think that is a complete myth, and that defendants should be more concerned about hiring someone that cares about them and about their case.Some people say you should never hire a Criminal Lawyer in Houston to handle a case in another county. The people who argue this usually say that it is better to hire someone who is well connected in the other counties court house. I think that is a complete myth, and that defendants should be more concerned about hiring someone that cares about them and about their case.
I have heard clients express concern over hiring out of town attorneys a ton of times. As a matter of fact I heard it today in my office. A lady (who lives in Houston) came in with a case in Galveston County and mentioned that she had met with a couple of Galveston attorneys. She mentioned that those Galveston attorneys both warned her not to hire a Houston Criminal Defense Attorneybecause they didn’t know the prosecutors and judges like they do.
I personally think that personal connections mean very little when it comes down to defending a criminal case. The attitude of the Galveston attorneys probably stems more from the fact that they are concerned that a lot of “their” cases are going to out of town attorneys. I have worked in more counties than I can remember and I honestly think the results of the cases have been fairly consistent with what I thought would happen on each case.
Each case is very fact specific, so it’s hard to give dismissal percentages, etc. But almost everyCriminal Lawyer in Houston will probably tell you that they have a gut feeling whether or not a case is getting dismissed or going to trial from the first time they hear the story. And I can honestly say that I do not think I have ever had a prosecutor treat a case unfairly because it was an “out of town” lawyer.
Bottom line, if you are charged with a crime it is your life, your record on the line. You need to go with the person who you feel the most comfortable with; the person who you think will fight to get you the best possible outcome. Not the person who you think is most likely to play golf with the judge.
Finding the Right Attorney for YOU!
Finding the right Criminal Lawyer in Houston is important to anyone with a pending case. I am a believer that no one attorney is right for every defendant. I think it is important to visit with at least a few attorneys and go with the person who you feel most comfortable with.Finding the right Criminal Lawyer in Houston is important to anyone with a pending case. I am a believer that no one attorney is right for every defendant. I think it is important to visit with at least a few attorneys and go with the person who you feel most comfortable with.
Every Houston Criminal Defense Attorney is different. Some are young, some are old, some are fit, and some not so much. But none of this matters as much as the gut feeling you get while talking to them. Unfortunately some people think 30 years of experience means someone is a better lawyer than 10 years of experience. The truth is, it is hard to know who is a good lawyer and who isn’t.
There are lawyers in Houston who haven’t even thought about taking a case to trial in 20 years and there are those who want to take every case to trial. Honestly, both types can be dangerous. You need to talk to a variety of lawyers, get a variety of opinions, and go with the person you feel is the most sincere in wanting to truly help you.
I know young attorneys who are awesome and some who are just starting. I know old attorneys who are awesome, and some who are burned out. A lawyer’s “stats” (40 years experience!) don’t necessarily tell you everything you need to know.
So bottom line, make sure you are diligent in your research, and make sure you meet with every lawyer you are interested in in person! If you can’t reach a lawyer when you are trying to hire them, how likely are you to be able to reach them when they are officially representing you? If you are arrested, it is definitely a stressful time, but I guarantee you that there is a Criminal Lawyer in Houston that is right for you!
Flat Fee vs. Per Appearance
I am a strong believer that no one should ever hire a Criminal Lawyer in Houston who charges per appearance. What I mean is a lawyer who charges you every time you go to court. If you are a defendant, and you are reading this, I mean the lawyers who tell you…”Just give me $200 every time we go to court”.I am a strong believer that no one should ever hire a Criminal Lawyer in Houston who charges per appearance. What I mean is a lawyer who charges you every time you go to court. If you are a defendant, and you are reading this, I mean the lawyers who tell you…”Just give me $200 every time we go to court”.
This is just wrong on many levels and in my opinion creates a huge conflict of interest. No competent Houston Criminal Defense Attorney would do this. These are the top 3 reasons I think you should never hire someone with this sort of pricing structure.
- Unnecessary resets – Sometimes cases can be won quickly. Many times I have shown up to court only to have a prosecutor tell me that they are leaning towards dismissing the case. It only takes a tiny bit of convincing and we get it done. An unethical lawyer who is getting paid per court date might not have any incentive to get a case thrown out fast. They could simply reset, and reset, and reset to make more money.
- Lawyer feel rushed – Now let’s assume it is a good lawyer trying to do their job. Sometimes cases take MONTHS to evaluate, gather evidence, etc. If you are a good lawyer in this situation then you want to finish your case as quickly as possible (since the client is paying per appearance and you don’t want them to think you are stalling), but it simply might not be possible. Again, you could end up paying more in the long run than you would have if you had only hired someone who charges you a flat fee.
- Results in more pleas – Lets face it, most clients who hire these types of lawyers don’t have that much money in the first place. So they might be sitting there in court with a very defendable case, but they plead guilty. Why, you ask? Because they don’t want to have to pay that lawyer to come back in 3-4 weeks….complete BS.
So save yourself the trouble and hire a Criminal Lawyer in Houston who charges a flat fee. Lawyers come in all sorts of shapes and sizes, and with all different kind of prices. I ALWAYS charge a flat fee that I feel is fair. The most important thing should be the case, not trying to make (or save) money.
In Person Consultations
Finding a Houston Criminal Defense Attorney is not hard. Chances are, if you need one, you are going to be contacted by many. What is tough is finding a Criminal Lawyer in Houston that you can trust. I have been a Houston Criminal Defense Attorney since the first day I was licensed in the State of Texas. In my blog I hope to have an avenue to share my thoughts, and hopefully give advice to those needing the assistance of a good criminal lawyer in Houston.Finding a Houston Criminal Defense Attorney is not hard. Chances are, if you need one, you are going to be contacted by many. What is tough is finding a Criminal Lawyer in Houston that you can trust. I have been a Houston Criminal Defense Attorney since the first day I was licensed in the State of Texas. In my blog I hope to have an avenue to share my thoughts, and hopefully give advice to those needing the assistance of a good criminal lawyer in Houston.
The first thing I advise anyone who asks me about hiring an attorney is to make sure you personally meet with every attorney that you are interested in hiring. All too often (my law firm being no exception), individuals just hire an attorney over the phone. I just think it makes more sense to go in and have a face to face consultation. Most consultations are free, so there is little excuse for not making time for such an important decision. There are three main reasons I believe consultations are better in person:
- You have the opportunity to see the person who is going to represent you. The last thing you want is to walk into court not knowing who the heck your lawyer is. Meeting an attorney in person prevents the awkward moment in court where your lawyer has to say your name because he has no clue what you look like. You also might not want to hire an attorney if he doesn’t present himself professionally. Meeting him before will give you an idea of how the person carries himself from one day to the next.
- You get to see the environment where your attorney works daily. A lawyer’s office can tell you a lot about how he is going to handle your case. Is his office a mess? Are there piles of trash in the corner? Does he even have a physical office? Does he seem organized? These are all things that are impossible to determine over the phone.
- Your lawyer can get a better feel for you, and for your case, in person. Sometimes it’s about what’s best for the lawyer too. It is hard to read people over the phone. Many times an individual’s physical traits or demeanor can help an attorney decide what the defense of a case is. It’s always best for your lawyer to know as much about you as possible prior to getting to court.
Overall it is a win/win for a client/attorney when the consultation is in person. I know it’s tough to miss days from work, but many attorneys (myself included) are available on weekends and evenings to meet. Picking a Criminal Lawyer in Houston is an extremely important decision, and you owe it to yourself (and your record!) to inform yourself to the best of your abilities prior to signing an attorney/client contract. If you are facing a criminal charge and have any questions or would like to set up a free consultation , please feel free to contact me at 713-222-2828.