 
We believe our record reflects that we have been remarkably successful in obtaining favorable outcomes for clients in most Texas counties.
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Our firm helps people who have been accused of Assault and Battery crimes committed against spouses, romantic partners, roommates, siblings, or other household members. The laws concerning Assault (Family Violence) in Texas are broad and sweeping. Know your legal rights before you appear in court. Our motto is "Texas Friendly Spoken Here." Although we are based in Austin, we have a state-wide practice, ensuring that your defense is fair and impartial. At the Law Office of Chris Dorbandt, we are very experienced in handling Assault - Family Violence cases. Domestic violence is a common type of Assault case. The official charge is Assault - Bodily Injury (Family Violence), and it is usually filed as a Class A misdemeanor. If, however, you have a prior Assault involving family violence and you were convicted or placed on probation (regular or deferred adjudication), the second or subsequent Assault may be enhanced to a third degree felony. The punishment range for a Class A misdemeanor is confinement in the county jail for not less than 3 days nor more than 1 year and, in addition, a fine may be imposed not to exceed $4,000.00. A third degree felony may be punished by confinement in the Institutional Division, Texas Department of Criminal Justice (prison) for a period of from 2 to 10 years and in addition, a fine may be assessed not to exceed $10,000.00, or both. If you have been arrested for committing an act of family violence, an Emergency Protective Order (EPO) may be issued by the judge who will order you to stay a certain distance away from the alleged victim at all times and/or have no contact with the victim for a period of time. In addition, the state prosecutor's office may abide by a "No Drop" policy which means that once a complaint has been filed, the "victim" does not have the option of simply "dropping" the charge. Instead the state will prosecute the charge regardless of what the victim desires.  If you have been charged with Assault Family Violence, a domestic offense, you need to retain the services of a criminal defense attorney as soon as possible. We can help by investigating and collecting evidence necessary to defeat a domestic violence offense. Plea Bargaining - What Should You Know? Fallacy Number 1: The prosecutor seems friendly, so he/she has my best interests at heart? No - they have but one thing in mind - obtaining a guilty plea. It makes the prosecutor look good to his peers and supervisors, and if he can get you to "plead out", he can save the county time and money. The district attorney will come in, say that he understands your situation, agree with everything that you say, then subtilely persuade you to accept a plea offer. Please recognize that it won't be one that is favorable to you! An experienced criminal defense attorney knows the penalties and collateral issues and whether they are or are not pertinent for your particular case. Before you do anything, consult with a knowledgeable criminal defense attorney.
Fallacy Number 2: I've been in jail and another inmate advised me not to take the first offer. Plea offers get better with time? Generally, the plea offer will only get better if the case begins to fall apart for the prosecution. In certain instances, time can be on the prosecution's side. If the case gets stronger (via the filing of enhancements, a pen packet, additional witnesses, discovery of strikes and/or prior convictions, etc), then the prosecutor's offer will get worse. There have been many people that have rejected the first offer of minimal jail time and probation, only to find themselves with lengthy jail or prison sentences.
Fallacy Number 3: The District Attorney will not spend the money to take the case to trial. Generally, local governments are happy to spend more on fighting crime. The more money that they spend, the more money that they can ask for when it comes time to renew their budgets. The district attorney's office can also subsidized by the state or federal government for doing so. Occasionally, the prosecutor's office will balk at the cost of flying a witness across the country to appear at a misdemeanor trial, but most of the time money is not a consideration. Depending upon the type of case, the prosecutor may join forces with the Texas Attorney General's Office or a federal agency to ensure that a defendant obtains a lengthy prison
Fallacy Number 4: The prosecutor can't win the case because the victim does not want to press charges. Unfortunately, many unwilling victims are forced to come to court and testify against their will every year. The prosecutor - not the witness/victim - makes the decision on filing the charge. If a victim is totally uncooperative or disappears, that may help a great deal to resolve your case. Police and prosecutors sometimes use veiled threats and intimidation in order to obtain testimony. Victims are sometimes told that Child Protective Services will take their children if they do not testify. They are also threatened with prosecution if they have any prior record. If a person does not appear for court the judge will issue a bench warrant for their arrest. If someone refuses to testify they risk being held in contempt by the judge and incarcerated as a material witness until they testify. In this situation, it is better for the person to refuse to take the oath and say nothing else. That may not, however, keep the person from being harassed in many other ways. Almost all of the so-called victim's rights laws passed in the passed few decades are designed to make it easier to obtain convictions, not to protect defendants. |
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