Forney Criminal Defense Lawyer Robert Guest discusses assault cases in Kaufman County.
This is part of the "Ask an Expert" series on InForney. In this article Attorney Robert Guest discusses assault cases and how they proceed in Kaufman County.
A lot of people think an assault case starts with a fight.
In the courthouse, that is not really true.
An assault case starts when somebody tells law enforcement a version of what happened, an officer writes it down, a magistrate sets bond conditions, and suddenly one side is wearing the “victim” label and the other side is wearing the “defendant” label.
That change can happen fast.
I have had people call my office after a family argument turned into felony assault charges, an emergency protective order, CPS involvement, and both parents being told they cannot go back to their own home. These are not always cases where someone planned to hurt anybody. Sometimes they come out of a crowded house, a screaming match, in-laws, kids in the room, and one person trying to separate people before things get worse.
But once the criminal justice system gets involved, nobody cares how overwhelmed you feel. The system does not slow down because your kids need a place to sleep. The system does not assume the case is a misunderstanding. The system does not automatically drop charges because the family later regrets calling police.
That is the part most people are not ready for.
“We Just Wanted Them Out of the House”
A common assault case in Kaufman County starts with a family situation that has been boiling for weeks.
Maybe relatives moved in. Maybe money is involved. Maybe there are arguments over children, CPS safety plans, drug allegations, or who is allowed to stay in the home. Maybe everybody is tired, angry, and packed into a house that is not big enough for all the people living there.
Then one night there is a fight.
Not always a fistfight. Sometimes it starts as yelling. Then someone steps between two people. Someone gets pushed back. Someone falls. Someone says there was a knife. Someone says there was no knife. Someone says they were protecting their spouse or their children. Someone else says they were assaulted.
Officers will take reports. Detectives may come back the next day. They may talk to family members separately. They may ask whether someone “wants to press charges.” Then, days later, deputies may show up early in the morning with warrants. By that point, the case has changed from “we need help calming this down” to “you are charged with a felony.”
People Do Not “Press Charges” in Texas
One of the first things I have to explain is this: the complaining witness does not own the case.
People say, “She does not want to press charges,” or “He wants to drop it,” or “They said they did not mean for anyone to get arrested.” That may matter. It may help. But it does not end the case.
In Texas, the prosecutor controls the criminal case. The police investigate it. The District Attorney decides what to do with it and whether or not to dismiss a case. The complaining witness can give input, but they do not get to walk into court and make a felony disappear.
That is especially true in assault-family-violence cases, aggravated assault cases, deadly weapon cases, and cases involving an elderly person, child, or disabled person.
If the charge is a misdemeanor, an affidavit of non-prosecution, counseling, anger management, or proof that the complaining witness does not want prosecution may help move the case toward a better result like diversion or a conditional dismissal.
If it is a felony, especially aggravated assault, do not expect the State to drop it just because the family asks. When prison time is a possibility, cases don't just get dismissed because someone asks.
Why an Assault Charge Can Become a Felony
People are often shocked when they hear their assault case is a felony.
They thought they were accused of pushing someone, grabbing someone, or getting in the middle of a fight. Then they see paperwork saying aggravated assault, deadly weapon, elderly person, family violence, or serious bodily injury. That language matters.
The difference between a misdemeanor assault and a felony assault may depend on what the State believes happened, who the alleged victim is, whether there was serious bodily injury, whether a weapon was used or exhibited, and whether the alleged victim falls into a protected category.
A kitchen knife, even if nobody was stabbed, can change the entire case.
An alleged victim who is 65 or older can change the entire case.
A family or household relationship can change the entire case.
Once those labels are in the paperwork, the case is not treated like a simple argument that got out of hand. The bond may be higher. The conditions may be stricter. CPS may get involved if children were present. The prosecutor may treat the case as dangerous even if the family says it was a misunderstanding.
Emergency Protective Orders Can Kick You Out of Your Own Home
After an assault arrest, the magistrate may issue an emergency protective order. That order may say you cannot contact the protected person. It may also say you cannot go within a certain distance of a residence, your residence.
That can create a very challenging situation.
I have seen cases where the defendant is paying the mortgage but cannot enter the home. I have seen cases where both parents are charged and both are told to stay away from the house. I have seen families with young children suddenly trying to figure out where to sleep, how to get clothes, how to get medicine, how to get school items, and how to follow every condition without violating a court order.
The hard truth is that the judge is not allowed to change an order just because the situation is inconvenient, unfair, or expensive.
There has to be a legal basis. The protected people usually need to appear, testify, and say the right things. The District Attorney’s Office may object. The judge may want to hear from CPS if children are involved. The court may require affidavits. A modification hearing will take time to set. That is why you do not ChatGPT your way through a protective order.
Read every word. Follow it exactly. Do not send messages through friends or family unless the order clearly allows it. Do not go by the house because “it is my house.” Do not assume the alleged victim can invite you back. A protective order violation can become a new criminal case.
CPS Safety Plans Make Everything More Complicated
When children are in the home during an alleged assault, CPS may show up.
Sometimes CPS asks for a safety plan. Sometimes a parent is told they must be supervised with the children. Sometimes CPS wants a home visit. Sometimes they want relatives involved. Sometimes they refer the family for services.
Parents hear that and think, “But my kids are healthy. They are up to date on medical care. I did not hurt them. Why am I being supervised?” The answer is simple and frustrating: CPS is there because of a criminal allegation and want to know the children are safe.
That does not mean you should panic. It does mean you need to take the safety plan seriously.
A safety plan is not the place to get cute, argue, or test boundaries. If CPS says supervision is required, you need to understand whether it is a voluntary plan, a court order, or something in between. You need to know exactly who can supervise, where the children can stay, whether travel is allowed, and what happens if you cannot comply because you have been kicked out of the home.
A criminal lawyer also needs to know what CPS is doing, because CPS and the criminal case can affect each other.
“Can We Leave the State?”
Maybe.
But do not assume.
If you are on bond, your bond conditions control where you can go, who you can contact, whether you must report to pretrial services, and whether you need permission to travel. Pretrial services may be the first place to ask practical questions like:
Where can we stay?
Can we stay with relatives?
Can we leave the county?
Can we leave Texas?
How do we comply with supervision rules if we do not have a home?
Put the problem on the record with the people supervising your bond. Do not just disappear and hope everybody understands later.
The Complaining Witness May Be a Problem Even If They Are Family
People assume family members will “drop the case" later.
Maybe they will. Maybe they will not.
In some felony assault cases, the complaining witnesses are in-laws, parents, spouses, adult children, or other relatives. From the State’s perspective, that may make them more believable, not less. A prosecutor may think, “Why would someone accuse their own family member unless something really happened?”
That is why the defense has to investigate the whole story.
What was happening in the house before the argument?
Were there custody issues, CPS issues, drug issues, financial pressure, or threats?
Who had a reason to exaggerate?
Who called police and why?
What did each witness actually say?
Are there body cameras?
Are there medical records?
Are there photos?
Are there text messages?
Are there prior CPS records?
The police report is usually not the whole story. Sometimes it is barely the beginning.
What You Should Do Immediately After an Assault Arrest
If you are charged with assault in Kaufman County, especially aggravated assault or assault involving family violence, you need to slow down and protect yourself.
Do not call the complaining witness to “clear things up.”
Do not send your parents, friends, or relatives to pressure anyone.
Do not post about the case.
Do not violate the protective order.
Do not assume the case will be dropped.
Do not assume CPS will go away.
Do not walk into court and start explaining yourself without a lawyer.
You need the charging documents, bond conditions, emergency protective order, CPS safety plan, probable cause affidavit if available, and eventually the discovery. A defense lawyer needs to see what the State thinks happened before deciding what needs to be attacked.
Sometimes the first emergency is not trial. It is getting the protective order modified so the family has a lawful place to live. Sometimes the first emergency is CPS. Sometimes it is making sure the defendant does not accidentally violate bond and get arrested again.
Every case is different, but the first rule is the same: do not make the case worse.
Kaufman County Assault Cases Are Serious
Kaufman County does not treat felony assault cases like a family misunderstanding.
Once you are charged, you are in the system. The judge has a docket full of cases. The prosecutor has policies. The complaining witness has a voice. CPS may have its own file. Pretrial services may be watching your bond conditions.
You may know you are not a violent person.
That is not enough.
Your lawyer has to show the State, the judge, and sometimes a jury what really happened. That takes work. It takes investigation. It takes strategy. And it takes understanding how Kaufman County courts actually handle these cases.
If you or a family member has been arrested for assault, aggravated assault, assault family violence, or an assault involving an elderly person or deadly weapon allegation in Kaufman County, call Guest & Gray before you talk yourself into a worse position.
Guest & Gray has defended criminal cases in Kaufman County for decades. We know the courts, the prosecutors, the bond conditions, the protective order problems, and the real-world pressure these cases put on families.
Call Guest & Gray to talk with an experienced Kaufman County assault defense lawyer.
