• Will the case be dropped if the victim does not wish to prosecute?
• If the victim's sign's an AFFIDAVIT OF NON PROSECUTION the case will be dismissed?
• What do I need to do if I am charged with an Assault?
• If I am guilty, should I just plead guilty?

Family violence assaults have increased over the last ten years.

New laws and regulations require police to make arrest if they respond to a domestic disturbance or file an offense report if the suspect in not at the scene.

Family violence is define very broadly and can mean members of family, members of the same household regardless if members are family, and dating relationships.

Many District Attorneys' office has set up special sections which specifically handle assault domestic violence cases.

Some common questions regarding Assault:

Will the case be dropped if the victim does not wish to prosecute?

Often people believe the case will be dropped if the victim does not wish to prosecute. This belief leads to more people being convicted of this allegation when they may have a valid defense. If you do not hire an attorney and prepare to defend your case, then when your case comes to trial seven or eight months later you will not have any evidence to defend your self. The victim may not show up but the police may have taken statements or photographs. That evidence may be introduced against you and lead to a conviction.

The police will investigate the case and then dismiss the case when they realize I am innocent:

Assault cases are filed directly with the District Attorney's office in most cases. If you have a legal defense and you do not hire an attorney to defend your self then no one may look will know about your defense. In most cases the police will not talk to you once you become a suspect unless you waive valuable rights.

If the victim's sign's an AFFIDAVIT OF NON PROSECUTION the case will be dismissed?

Once the case is filed with the District attorney's office, the victim in the case is just one witness. Prosecutions are titled" AGAINST THE PEACE AND DIGNITY OF THE STATE OF TEXAS" not in the victims name. Sometimes an "AFFIDAVIT OF NON PROSECUTION? may assist in a dismissal but not guaranteed.

What do I need to do if I am charged with an Assault?

The police have already investigated their case; they have already made a determination of who they believe is the victim and who is the defendant. They will not reinvestigate their case.

No one has investigated the case from your point of view. No one has prepared your defense. In some cases physical evidence may be lost if not immediately investigated. Witnesses need to be contacted and interviewed.

You need an experienced attorney to investigate your case and contact the police when appropriate and or prepare your defense.

If I am guilty, should I just plead guilty?

In some case you have to plead guilty and accept the consequence of your actions. You need an experience attorney to negotiate the best possible plea offer. You can take steps now to lessen your consequences and place yourself in a better position for a better plea bargain.