James R. Makin Law Firm
    Family violence is an emerging area receiving notoriety from numerous groups.

State of Texas vs. J. Wall
Aggravated Assault on Police Officer.
Client was arrested after being involved in a fight in a local bar that was broken up by the police. It was determined that there were conflicting testimony between the three police officers and the bar patrons and there were self-defense issues. Client faced 5 to 99 years or life in prison, but was found NOT GUILTY.

Case #64937; State of Texas vs. J. Stroud
Attempted Murder.
The client was charged with the shotgun shooting of a neighborhood drug dealer. The client faced years in jail. Investigation into the crime showed the history of criminal activity, late night transactions, prior threats of complaining witness to client, and clients perception of the actions of the complaining witness. The jury found he was acting in self-defense and found him NOT GUILTY.

State of Texas vs. T. Chapman
Aggravated Assault with Deadly Weapon.
The client was charged as a repeat offender. The plea offer prior to trial was 15 years in prison. The jury found the client guilty, but after presentation of mitigation evidence during the punishment phase of the trial he was sentenced to five years. The family and neighbors humanized the client as a hard worker, trying to do right, who had slipped briefly into old bad habits. Sentenced to 5 YEARS.

FREQUENTLY ASKED QUESTIONS

Q.     What is the law regarding family violence?
A.     If you are involved in a fight and someone calls 9-1-1, and the police arrive, the odds are that someone will be charged with assault. The reality is that if the complaining witness wishes to drop the charges later, the District Attorney's office will not dismiss the charge. Be careful what you ask for, because once the authorities are involved, it is not very easy to get them uninvolved. Upon first conviction, the punishment is up to one year in jail and/or a $4,000 fine. Think before you fight.

Q.     What is the punishment for a first time conviction of Family Violence / Family Assault?
A.     Upon first conviction, the punishment is up to one year in jail and/or a $4,000 fine. Think before you fight!

Q.     What is the punishment for a second conviction of Family Violence / Family Assault?
A.     A second Family Violence / Family Assault charge becomes a 3rd Degree Felony, punishable by 2-10 years in TDCJ.

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