A minor domestic incident could quickly lead to a more serious domestic abuse charge. For instance, if a harassment charge is alleged by a victim, and it’s found the victim and offender were involved in an intimate relationship, the law enforcement is required to make an immediate arrest to ensure the continued safety of the alleged victim, as well as the safety of other occupants in their home.
In Galveston, a 60-year old man was found guilty of misdemeanor assault by a jury. He was originally charged by indictment with Aggravated Assault with a Deadly Weapon, but the jury found him guilty of the lesser included offense of assault.
The Court assessed the maximum punishment for the offense – one year in the county jail. He had been in the county jail since the date of offense, May 5, 2015. The Court also made a finding that the offense involved domestic violence.
Witness testimony and physical evidence suggest that the man went to the workplace of his recently estranged wife in La Marque, assaulted her with a knife and strangled her during an ensuing struggle. Jurors heard testimony from the victim’s co-worker, who had left the victim alone inside the business just prior to the assault.
The co-worker testified that she returned to the workplace to find police officers in front of the store, the store showing signs of a disturbance, and the victim in a highly emotional state. Police recovered the knife from the scene, and it was entered into evidence at trial.
Prosecutors also presented photographs showing red marks to the victim’s neck. Jurors heard the 911 call made by the victim as she fled from the attack, running to an office next door. During the call, the victim frantically reported that her husband had attacked her with a knife and had choked her. The victim did not testify at trial.
Jurors also heard a call from the victim to law enforcement, made the day before the attack, wherein she sought an escort back to the house where the man was still residing. She told the dispatcher that Bernstein had been making threats against her and she did not know what he would do.
The man took the stand at trial, testifying that he woke up at 6 a.m. on May 5, 2015, and thought as to the victim, “that was the last day I would know where she was.” (The victim had left their shared home several days prior and was also leaving her job.) He admitted that he went to the victim’s workplace, waited outside until she was alone inside the store (this was captured on surveillance video from a nearby business), and then approached the victim behind the register.
The man claimed that the victim was the one to pull out the knife, but that he continued toward her in order to make her talk to him. He testified the victim grabbed for a phone with her other hand, but he fought her for the phone. He stated he did not want the victim to call for help. Bernstein further testified that eventually, the victim was able to get out from behind the counter and run toward the door, but he tackled her to keep her from leaving and getting help.
Domestic violence offenses usually involve spouses, partners or people who are dating or living together. The prosecutors and lawmakers will continue to pursue the case even in situations where the alleged victim wishes to drop all charges. Therefore, it is crucial to have an experienced defense on your side.
Lawyer of the Area
Once a domestic violence incident has been charged there’s no avoiding certain immediate, legal actions. If you’ve been charged with domestic violence, you need a credible and experienced defense lawyer to help you. Attorney Yong J. An is Texas’ finest when it comes to criminal defense.
If you have been accused of domestic violence, call or text 24/7 Attorney Abogado Yong J. An at 832 428 5679. Criminal Defense Attorney Abogado
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