Domestic Violence

If you are charged with domestic violence, or any other type of assault, let the attorneys of the Lucio Firm fight for you. Whether you are facing a felony or a misdemeanor assault charge, the attorneys of the Lucio Firm have the experience necessary to protect you.

There are many different kinds of assault offenses under Texas law. The least serious types of assaults are called "Assault by Contact" or "Assault by Threat". These charges apply where a Defendant has either touched someone in an offensive manner or threatened to cause someone physical harm. In most cases these charges are Class C Misdemeanors, punishable by only a fine.

The next grade of assault is referred to as "Assault Causing Bodily Injury". Unlike Assault By Contact, this offense requires that the contact have been more than just "offensive" - the victim must actually have experienced some level of pain. Significantly though, there is no requirement that there be any visible injury - merely that the victim felt pain. Generally, this type of Assault is a Class A Misdemeanor.

"Aggravated Assault" cases are those in which the Defendant has caused "serious bodily injury" to another person, or where the Defendant uses or exhibits a "deadly weapon" during the assault. Serious bodily injury means an injury that causes or creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment in function of any body part or organ. A deadly weapon is defined as 1) a firearm, 2) any device designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or 3) anything that "in the manner of its use or intended use" is capable of causing serious bodily injury. Aggravated assault is generally a second degree felony but may be charged as a first degree felony if committed against a public servant, witness or informant, or a security officer.

Any of these types of assaults will fall into the category of “domestic violence” if they were alleged to have been committed against a spouse or someone in a dating relationship with the Defendant. If you are facing a domestic violence charge, do not assume that your spouse or significant other’s request that the charges be dropped will be respected. Most Texas prosecutors will not drop charges of domestic violence, even if the complaining spouse requests it.

The prosecutors’ intent is to protect a battered spouse from being bullied into changing their story. But this policy results in many innocent people being arrested, jailed, charged with domestic violence, kept away from their families for extended periods, and even convicted. For experienced legal advice and counsel after an assault or domestic violence arrest, contact the attorneys of the Lucio Firm. We will thoroughly prepare your case for trial, and fight to protect your rights, your freedom and your family.