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Every year, there are more than 800,000 assaults reported in the U.S. If the charge against you is felony or misdemeanor assault, you should know that a conviction may stay on your record permanently. In addition to time in prison or jail, you may be prevented from getting the type of job you want after you are released. It is extremely important that a person charged with criminal assault get the services of an experienced criminal defense attorney.
Texas Affidavits of Nonprosecution
Often, minor domestic incidents that escalate beyond the control of the parties wind up in court. The domestic partner or spouse bringing a charge may later consider the situation, realizing it did not warrant legal action; unfortunately, he or she no longer has the power to easily stop the wheels of the legal process. Because of the serious nature of domestic violence and the laws pertaining to it, one cannot simply withdraw a charge.
At Hines, Ranc & Holub, in Austin, Texas, our attorneys assist clients in filing affidavits of nonprosecution in order to put a stop to situations that have been blown out of proportion. Contact us today.
An Historical Legal Tradition
Affidavits of nonprosecution come to us from an earlier legal system. In earlier times an aggrieved party bringing charges against another party could later petition to drop the charges. Many people today are under the impression that this process still occurs today. However, because the state brings charges against a defendant in a domestic violence case, the process is no longer as straightforward as it once was.
Affidavits of Nonprosecution Today
One major stumbling block to the dropping of a domestic violence or assault charge is the nature of the charge itself. Often domestic abuse is cyclical and related to dependency issues. The Travis County court system recognizes the possibility of a cycle of violence: A husband abuses his wife and is jailed; the wife is running out of money and wants him out of jail and seeks to have the charges dropped in order to once again obtain financial support.
At Hines, Ranc & Holub, we address important legal implications related to filing affidavits of nonprosecution. Instances of mutual combat or self-defense may be sufficient grounds for having a case dropped. Because the subject is not only serious but personal, our attorneys approach nonprosecution in a careful manner so as not to aggravate a situation.
Contact the law office of Hines, Ranc & Holub, today for more information on how our firm can assist you.
