Assault & Family Violence Defense Attorney in McAllen Texas
An assault charge, especially one labeled family violence, can have consequences that extend far beyond the criminal case itself. A family violence finding affects your right to possess firearms, your ability to qualify for housing and employment, your standing in child custody proceedings, and your immigration status if you are not a U.S. citizen. At the Law Offices of Robert R. Flores, we defend individuals accused of assault and family violence in Texas courts with the technical precision and urgency these cases demand.
What We Defend
Assault Charges
• Simple assault, Class A and Class C misdemeanor assault
• Assault causing bodily injury, Class A misdemeanor
• Aggravated assault with a deadly weapon, second-degree felony
• Aggravated assault causing serious bodily injury, first or second-degree felony
• Assault on a public servant, third-degree felony
• Sexual assault, second-degree felony
• Aggravated sexual assault, first-degree felony
Family Violence Charges
• Assault, family violence (Class A misdemeanor or felony with prior finding)
• Continuous violence against the family, third-degree felony
• Violation of a protective order, Class A misdemeanor to third-degree felony
• Interference with an emergency request for assistance
• Stalking, third-degree felony
The Family Violence Designation, Why It Matters So Much
When an assault charge is designated as family violence in Texas, the consequences expand significantly. A family violence finding, even without a conviction, can be used to enhance a future charge to a felony. It permanently prohibits federal firearms possession under 18 U.S.C. § 922(g)(9). It is heavily weighted in child custody proceedings. It can trigger immigration consequences, including removal from the United States. And unlike many criminal records, a family violence finding cannot be expunged if a conviction occurs.
Fighting the family violence designation, and fighting it from the very beginning of the case, is one of the most important things Attorney Flores does for clients facing these charges.
Common Defenses in Assault Cases
Not every assault allegation reflects what actually happened. False allegations, exaggerated injuries, witness credibility issues, and the absence of corroborating evidence are all factors that Attorney Flores investigates and challenges. Common defense strategies include:
• Self-defense, Texas law provides a robust right to defend yourself and others
• Defense of a third person, protecting someone else from harm
• Challenging the credibility of the complaining witness
• Exposing inconsistencies in police reports and witness statements
• Challenging medical evidence of alleged injuries
• Lack of intent, not all contact rises to criminal assault under Texas law
• Recanted allegations, handling cases where the complaining witness no longer wishes to proceed
Texas prosecutors frequently pursue assault and family violence charges even when the alleged victim does not want the case to proceed. A skilled defense attorney is essential to protect your rights when the State is driving the case forward without the complainant's support.
Protective Orders, Emergency and Final
If you have been served with an emergency protective order (EPO) or a temporary ex parte protective order, you are immediately prohibited from contacting or approaching the protected individual, and potentially from returning to your own home. Violating a protective order is a separate criminal offense. Attorney Flores handles both the criminal defense and the protective order hearing, working to modify or challenge protective orders that are overbroad, factually unsupported, or being used as leverage in a civil or family law dispute.
Your Future Is Worth Fighting For
An assault or family violence charge requires immediate, aggressive action. Attorney Flores will get to work on your case from day one, protecting your rights, your record, and your family's future.
Contact the Law Offices of Robert R. Flores today at (956) 329-1099 for a confidential consultation and immediate legal guidance regarding your case.
Frequently Asked Questions
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Not directly. In Texas, once a family violence charge is filed, it is the State's case to prosecute, not the alleged victim's. The prosecutor may proceed even if the complainant recants or refuses to cooperate. However, a recanting witness significantly affects the strength of the State's case, and Attorney Flores works to present that reality to the prosecutor and, if necessary, to the jury.
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Assault causing bodily injury (Class A misdemeanor) carries up to one year in county jail and a fine of up to $4,000. Aggravated assault with a deadly weapon is a second-degree felony carrying 2 to 20 years in prison. If the assault involves a prior family violence finding, a future assault can be enhanced to a third-degree felony. The classification depends on the nature of the injury, the relationship of the parties, and prior criminal history.
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Potentially yes. Under federal immigration law, a conviction for a crime of domestic violence, including many Texas assault-family violence offenses, can trigger deportation, inadmissibility, and bars to naturalization. Attorney Flores coordinates criminal defense strategy with awareness of immigration consequences, particularly for non-citizen clients in South Texas.
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If the charge is dismissed or you are acquitted, an expunction may be available. If you received deferred adjudication and the case was dismissed, a non-disclosure petition (not a full expunction) may seal the record from public view. A family violence conviction, including a deferred adjudication, cannot be expunged and cannot be sealed by non-disclosure. This makes fighting the charge from the start critically important.
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Do not make any statements to law enforcement without an attorney present. Do not contact the alleged victim, even to try to resolve the situation; any contact can be used against you and may violate a protective order. Call the Law Offices of Robert R. Flores immediately.