Will I Go to Jail for a First-Time Assault Charge?
Some time behind bars is inevitable in domestic assault cases.
Almost everyone goes to jail for a first-time assault charge, especially for family violence assault. Upon arrest, state law imposes mandatory jail time on first-time offenders, between four and 48 hours (after the defendant posts bail), if there is probable cause to believe family violence could continue. Many North Texas municipalities impose an even longer hold, such as a minimum of 24 hours.
A Ft. Worth criminal defense lawyer works hard to ensure that assault defendants do not go back to jail. This work includes pinpointing weaknesses in the state’s evidence and developing affirmative defenses. A potential weakness or a possible defense usually enables a lawyer to successfully resolve assault charges without risking a trial. This successful resolution often includes a complete dismissal of charges.
Jail Release and Criminal Assault
Police officers usually arrive after a domestic assault occurs. Generally, they separately interrogate the combatants to determine “who started it.” The instigator, as determined by this brief investigation, goes to jail.
Texas has some of the most overcrowded jails in the country. Therefore, two jail release options are usually available in assault cases.
- Cash Bail: Essentially, cash bail is a security deposit. If the defendant posts the entire bail amount and follows all release conditions, such as avoiding trouble with the law and attending all required court hearings, the county refunds most of the money when a Ft. Worth criminal defense lawyer resolves the case.
- Bail Bond: A bail bond is essentially an insurance policy. If the defendant buys a bond, usually for about a 15% premium, the bonding company bears the financial risk (bond forfeiture) if the defendant skips bail. However, the defendant is usually subject to re-arrest in these cases.
Incidentally, the results of the aforementioned investigation are often inadmissible in court. The Fifth Amendment requires officers to Mirandize suspects prior to custodial interrogation. People are in custody when they do not reasonably feel free to leave. No one feels free to walk away from a police interrogation.
Staying Out of Jail for a First-Time Assault Charge
Many assault cases have witness credibility issues. Typically, the alleged victim was drinking at the time of the alleged assault. Alcohol impairs memory and recall. Furthermore, in many cases, alleged victims are biased. A parallel family court proceeding, like a divorce, is almost a sure sign of bias.
Very few alleged victims deliberately fabricate or exaggerate stories. But our eyes are not video cameras. We see things, and therefore remember things, selectively.
A “s/he started it” self-defense claim may be available as well. Texas has very liberal self-defense laws. In most cases, people can proportionately respond to imminent threats against themselves, their property, or other people. Proportionality is the key. A defendant cannot respond violently to insults, no matter how deeply they hurt.
Evidence issues and/or an affirmative defense do not have to be strong enough to “beat” the charges. They must simply be strong enough to create a reasonable doubt as to the state’s evidence.
Alternative resolutions, such as deferred disposition, are typically available in assault cases. If the defendant successfully completes probation, the judge dismisses the case, erasing the criminal conviction record.
Contact a Dedicated Tarrant County Attorney
Everyone goes to jail for assault, but almost no one stays in jail. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. We routinely handle matters throughout North Texas.