DALLAS DOMESTIC VIOLENCE & ASSAULT ATTORNEYS

     Allegations of domestic violence are always serious. A 911 call to the police in relation to a domestic assault almost always results in an arrest; and the prosecutor's office will often pursue a conviction even if the alleged victim recants or expresses a clear desire to prosecute the case. At Wyde & Associates, in Dallas, Texas, we are committed to aggressively defending the not merely the legal rights, but also the reputation of people charged with domestic violence.

PROFESSIONAL, AGGRESSIVE, EFFECTIVE CRIMINAL DEFENSE LAWYERS

     While true acts of domestic violence should never be tolerated, false allegations of domestic abuse can have just as harmful an effect. The resulting restraining orders or orders of protection based on false allegations can have an overwhelming impact on a person’s  ability to visit their children, on obtaining new employment, as well as on the reputation of the accused.

    Our attorneys regularly represent people facing domestic violence charges. We recognize that being arrested for domestic violence, being charged with a domestic assault, and being guilty of family violence are not the same. As former state prosecutors, our attorneys understand how prosecutors prepare domestic violence cases and determine whether or not to file charges. Our lawyers work closely with our clients to understand their situation and what led to the domestic violence allegations. Then we employ the experience of our office to defend our client's current and future legal interests.

WORKING WITH FAMILY LAW ATTORNEYS

     Family law and criminal law often become intertwined in domestic violence cases. The attorneys at Wyde & Associates regularly collaborate with family law attorneys when allegations of domestic violence implicate child custody in divorce cases. In addition, our formidable criminal defense experience is often a critical component to the skills involved when child protective services becomes  involved in the case.

WHEN YOUR ARGUMENT BECOMES A FIGHT IN COURT:

    *Misdemeanor Assault

    The law in Texas dealing with misdemeanor assault is almost frightening in its scope, and the threshold that any allegation of assault must pass is alarmingly low.  Did you know that if someone says that you touched them, and that they found it harmful or offensive, then you could be charged with Class ‘C’ Misdemeanor Assault?  And if that same person said that your touch or hit caused them pain – the merest sensation of physical discomfort – that you could be charged with Class ‘A’ Misdemeanor Assault, potentially carrying penalties including up to a year in a county jail and a fine of four thousand dollars.

     The current emphasis on ‘victim’s rights’ has created an environment where many prosecutors taking the complainant’s – the formal legal term for the alleged ‘victim’ – at face value.  Members of law enforcement often view even legitimate claims of self defense as something that is to be resolved in the courts, and not at the investigation stage.

 Scary, isn’t it?

    This means that you must hire attorneys who will not merely fight in court, but have the knowledge, experience, and resources to develop and discover information about your accuser that could have a critical impact on your trial.  The attorneys at Wyde & Associates are uniquely qualified based on their extensive experience as former prosecutors – and with two of the named partners as former judges – to protect you from the burdens of a misdemeanor assault conviction.

*Aggravated Assault Defense

    Similarly, it takes very little for an accusation of simple misdemeanor assault to be turned into a serious accusation of Aggravate Assault.  In Texas, Aggravated Assault is the crime that occurs when you have what would otherwise be a misdemeanor assault with one of two added factors:

     1. If the assault causes serious bodily injury to another, including the person’s spouse; or

        2. Uses or exhibits a deadly weapon during the commission of the assault.

-- Texas Penal Code, § 22.02, “Aggravated Assault”

 These terms have very specific meanings under Texas law.

     Serious Bodily Injury is the type of injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

     A Deadly Weapon  is either a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

     The attorneys at Wyde & Associates are prepared to litigate each and every aspect of any Aggravated Assault charge.  While these definitions sound simple in their description, the proof and evidence needed to satisfy these legal burdens is complex, and you need attorneys who have the knowledge and experience to maximize your chances of success at trial.