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Law enforcement in Lubbock takes assault charges seriously, especially in the area of domestic assault. The consequences of a conviction, or even the accusation alone, can severely impact someone’s life.
Finding a trustworthy, experienced Lubbock assault lawyer can help alleviate some of that apprehension of an accusation, and allow you to regain some understanding and control in a complex situation. If you are facing an investigation for Lubbock assault charges, a skilled attorney can help.
The most common in Class A Misdemeanors would include assault situations such as fights like bar room fights, between people who have no dating relationship. By far, however, the most assaults are domestic relationship cases.
Many times, the police will receive a call out to a house investigation for an assault because of a 911 call or dispatch. Often, however, by the time the police show up the people arguing have cooler heads and one party does not want the other party arrested. There is not necessarily a complete zero tolerance policy on assault charges, but if the police are called, even if one party decides not to have the other party arrested, someone is going to jail and an investigation would ensue.
How long investigating Lubbock assault charges takes will depend on the specifics of the case. It could be a short investigation. For example, it may indicate in the police reports that the alleged victim has bruising or redness and the alleged victim indicates they have been hit, if the accused makes the admission, sometimes the investigation is fairly short. Often times, the accused person is not even on the scene anymore. They are just taking the word from one party and then filing the case.
They have to prove the elements of the crime, prove that there was unwanted touching and that there was injury or bodily injury in the case. With a domestic violence charge, they will have to prove the element of the domestic relationship. Domestic assault cases include husbands and wives, boyfriends and girlfriends, but these cases can also include other types of relationships. For example, there could be a couple who is dating or living together and there is a child involved who is not related to the accused. If the accused is charged with touching or physically assaulting the child then that would be in a dating relationship as it goes to not only the person but also the offspring.
Benefit of an Attorney
One of the first things an assault attorney will need to know for their clients is simply that the police do an inadequate job of an investigation in Lubbock. The police definition of an investigation is that they show up on the scene, they talk to somebody, that person says something and then based upon that statement and that statement alone, the client is charged. One of the many benefits of getting a skilled assault lawyer in criminal law is the attorney will sit down with the client and listen to their version of the events that led to the arrest, typically get an investigator involved to help with the case, speak to witnesses, go to the scene, gather any pictures, videos, phone logs that may help with the defense and potentially contradict or cast doubt on the version of events according to the alleged victim.
Many times during the investigation, the alleged victim will decide that they no longer want to move forward on filing the case. In the state of Texas, however, especially with domestic assault cases, the state will typically continue moving forward investigating the Lubbock assault case even after the alleged victim no longer wants to pursue it. In these types of situations, the attorney will visit with the alleged victim and get statements and affidavits. This is why it is important to retain a lawyer as quickly as possible.