What's the Difference?
In Texas, assault and domestic violence are both crimes that involve the use or threat of force against another person. However, there are some key differences between the two.
Assault is a broader term that can encompass a variety of acts, including physical, verbal, and sexual assault. It can be committed against anyone, regardless of their relationship to the perpetrator. Assault cases range from simple Class C assault all the way up to a 1st degree felony depending on the circumstances of the case.
Domestic violence, on the other hand, is a specific type of assault that occurs in a domestic relationship between current or former spouses, cohabiting partners, or other individuals who are related by blood or marriage. Domestic Violence (also known as Assault Family Violence) cases are often the most contested and litigated cases. There are many ways to defend these cases. Often these cases are he said, she said cases.
Knowledge of the System
Clayton was in a Domestic Violence court while at the Dallas County District Attorney’s Office. He knows how these cases work. He knows the system.
In almost all domestic violence circumstances, a call to the police results in an arrest. While domestic violence allegations are serious, so are false allegations. A false allegation can impact a person’s life in many ways such as reputation, jobs, ability to see his or her own children, ability to own a firearm, and many more harmful ways.
One way to start defending a case is to get an Affidavit of Non-Prosecution from the complaining witness or victim. The State will not automatically drop a case when a complaining witness fills out an affidavit. The State picks up the charge, it is the State of Texas v. example – John Doe. In most circumstances prosecutors will take the Affidavits of Non-Prosecution into consideration on what they will do with a case.
His approach to assault cases is tailored to the specific circumstances of each client, carefully considering the nature of the allegations, the evidence available, and the potential impact on the client’s life. He works tirelessly to gather favorable evidence, challenge the prosecution’s case, and protect his clients’ rights throughout the legal process.
Clayton’s deep understanding of the legal system and his unwavering commitment to his clients make him an invaluable asset in navigating the complexities of assault / domestic violence cases. He is dedicated to ensuring that his clients receive fair and just treatment, even when facing serious accusations.
Why do you Need a Lawyer in an Assault / Domestic Violence Case?
The outcome of your assault or domestic violence case can be greatly influenced by the expertise and guidance of a seasoned assault / domestic violence defense lawyer.
An experienced lawyer will thoroughly understand the laws pertaining to assault and domestic violence, and be able to explain the charges against you clearly. They should also outline the defense strategies that stand in your favor.
Criminal defense lawyers often take meticulous steps to conduct their own investigations and assemble reliable evidence that strengthens your case. They further analyze the evidence gathered by the prosecution, including identifying inconsistencies and evidence obtained illegally.
Your lawyer plays a critical role in negotiating a plea bargain with the prosecution. This involves reduced charges, a shorter sentence, or even the complete dismissal of charges. Having an experienced attorney by your side is advantageous, and their expertise will be helpful in assessing whether a plea bargain is in your best interests.
According to research, defendants who have the assistance of criminal defense lawyers are more likely to have their charges dropped or reduced, and they tend to receive lighter sentences.
Choose Clayton Smith to Defend Your Freedom
If you are being investigated, or have been charged with a crime for assault or domestic violence, call Clayton Smith today. With 8+ years of experience as an assault / domestic violence lawyer, Clayton knows how to handle these cases inside and out.
As a former prosecutor, Clayton knows how the prosecution will investigate and build evidence in your case, as well as how they will argue at trial. Through his years of experience, Clayton has negotiated many plea bargains that have saved his clients thousand in fines, and decades in prison.
If you are looking for an aggressive advocate to protect your freedom, call Clayton Smith now.
Frequently Asked Questions
If you have been arrested or are under investigation for assault or domestic violence, it is important to contact a defense attorney as soon as possible. The sooner you have an attorney, the sooner they can start working on your case.
Your attorney can help you understand your rights and options, and they can start building a defense strategy. They can also help you avoid making mistakes that could hurt your case.
Assault can be charged as a misdemeanor or a felony, depending on the severity of the offense. A misdemeanor assault can result in a fine of up to $2,000 and up to 1 year in jail. A felony assault can result in a fine of up to $10,000 and up to 10 years in prison.
Domestic violence can also be charged as a misdemeanor or a felony. A misdemeanor domestic violence offense can result in a fine of up to $2,500 and up to 1 year in jail. A felony domestic violence offense can result in a fine of up to $10,000 and up to 2 years in prison.
There are two main types of restraining orders in Texas: protective orders and emergency protective orders. A protective order is a court order that prohibits the abuser from contacting or coming near the victim. An emergency protective order is a temporary order that a magistrate or judge can issue without a hearing.
Clayton’s experience, compassion, and dedication to his clients separates him from other assault / domestic violence lawyers.
Clayton’s years of experience as a prosecutor help him to see through the prosecution’s attacks, and provide a better defense for his clients.
Throughout your entire case, Clayton will keep you up-to-date and educated about what is going on in your case.
Case Results
Reduced to Class A Misdemeanor
Client Faced up to 20 Years in Prison
- Client accused of shooting a gun at his co-worker.
- Attorney Clayton Smith investigated and convinced prosecutor that witnesses completely unreliable.
- Defendant in jail, agreed to take his back time on a misdemeanor assault.
Case Dismissed
Domestic Violence (Class A Misdemeanor)
- Client accused of assaulting girlfriend, facing up to a year in county jail
- Girlfriend told detective the next day that she did not want to pursue charges
- Detective filed case and was very persistent
- Then prosecutor was very persistent
- Clayton Smith filed affidavit of non-prosecution and talked to prosecutors many times
- Finally Clayton Smith persuaded prosecutors to dismiss case
Case Dismissed
Domestic Violence (Class C Misdemeanor)
- Client going through divorce and child custody battle.
- Falsely accused of Class C Assault Family Violence. Arrested night of incident.
- Client facing risked losing child visitation rights.
- Case set for Jury Trial twice. State not ready either time. Case Dismissed by State.
