College Station Assault Family Violence Attorney

An assault family violence charge in College Station can turn your life upside down overnight. Law enforcement handles these allegations with extreme seriousness, and a conviction can mean a lifetime of background checks, court records, and family law proceedings. Your freedom, your family, your job, and your reputation are all on the line. When so much at risk, it takes experienced, relentless, and respected domestic violence defense attorney to stand between you and the State. College Station defense lawyer Andrea M. Kolski is known as a “pitbull in the courtroom” who aggressively challenges weak or exaggerated accusations, exposes holes in the State’s case, and fights nonstop to protect your rights and your future. 

How a Wrongful Assault Family Violence Charge Happens

Here’s a scenario that most people would recognize.  

A couple comes home after a stressful week. Everyone is tired and feeling edgy and has a couple of cocktails to relax.  Instead of relaxing, the stress from the week bubbles to the surface and a simple disagreement over dinner plans suddenly escalates into a shouting match. The drinks, combined with the prescription meds of each party, clouds judgement and increases the emotional intensity.  One partner angrily heads for the door to leave. The other reaches out and grabs an arm to stop them. The partner pulls away, stumbles, and bumps into a table, leaving a small bruise on the leg. 

A neighbor hears the commotion and calls 911 to report a “domestic disturbance.” When police arrive, they see a disheveled, tense couple and a noticeable bruise. Angry and emotional, the partner with the bruise tells the officers, “He grabbed me and wouldn’t let go.” The officers must decide what to do while following specific police policy and Texas family violence protocols.  To err on the side of caution, the officers make an arrest. 

In this hypothetical, there was no obvious intent to injure. Contact was minimal and intended to cause harm. After a good night’s sleep, the “victim” recounts the nights events and feels a strong sense of guilt and regrets her remarks.  She wants to “drop the charges,” insisting that nothing criminal really happened and chalk everything up to a misunderstanding. Unfortunately, it’s too late.  According to Texas law, once police file a report and the State takes the case, the prosecutor controls what happens- not the people involved. Their fate is now in the hands of the court and the legal entanglements are just beginning.  

Unfortunately, this scenario is all too common in College Station and throughout Texas communities.  False accusations of family violence influenced by jealousy, revenge, or a divorce or custody dispute, can happen anywhere at any time.  

Regardless of the circumstances, retaining a skilled defense attorney like Andrea M. Kolski immediately is critical. For over 25 years, Andrea has helped countless families navigate and overcome assault family violence charges and protect their future.   

Why Hire A College Station Assault Family Violence Defense Lawyer

Once an assault family violence charge is filed, the legal battle has begun. Domestic family violence and assault cases are politically sensitive and emotionally charged. Prosecutors are expected to be tough on domestic violence, and many offices follow “no-drop” or “limited drop” policies even when the evidence is thin. 

Having an experienced defense attorney can make all the difference for you, your future, and your family.  A defense attorney can: 

• Challenge the credibility and motives of the accuser when appropriate 
• Expose inconsistencies in statements, reports, and recordings 
• Gather and preserve texts, emails, social media posts, photos, 911 audio, and body cam footage 
• Push back when the prosecutor tries to move forward despite a recanting witness or lack of evidence 
• Negotiate for dismissals, reductions, or alternative resolutions that protect your record 
• Help minimize the impact of protective orders on your living arrangements and family life 

Assault family violence attorney Andrea M. Kolski has handled these high-stakes cases for over 25 years in the toughest Texas courts. As a former Harris County prosecutor, she understands exactly how the State tries to build a case and how quickly a minor incident can turn into something much worse. Her goal is to make sure your side of the story is heard, your constitutional rights are protected, and your long-term interests are front and center in every decision. 

Texas Assault Family Violence Laws and Penalties

The primary criminal statute is Texas Penal Code § 22.01, which defines the offense of assault. 

Under Texas Penal Code § 22.01, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, including a spouse. It also covers intentionally or knowingly threatening another person with imminent bodily injury, and intentionally or knowingly causing physical contact when the person should reasonably believe the other will regard that contact as offensive or provocative. 

“Bodily injury” in Texas has a broad definition. It can mean anything from physical pain to illness or impairment of physical condition. Thus, even minor pain, redness, or a small bruise can meet the legal definition. This low threshold is how arguments with minimal physical contact can result in criminal charges. 

The relationship between the parties plays a central part in these cases. Under the Texas Family Code, “family violence” includes violence against: 

• A current or former spouse 
• A person you are dating or previously dated 
• A person you live with or used to live with 
• A person related by blood or marriage 
• The other parent of your child 

“Dating violence” is defined in Texas Family Code § 71.0021 and covers violence in a romantic or intimate relationship even if the parties never cohabitated. When an alleged assault occurs in one of these relationships, the case may be classified as assault family violence, which carries severe and long-lasting consequences. 

Levels of Assault Family Violence Charges 

Depending on the circumstances, an assault family violence case in College Station can be charged at a number of different levels. 

A Class C misdemeanor involves threatening another with imminent bodily injury or engaging in offensive or provocative contact without causing bodily injury. The punishment is a fine of up to $500, but a record of the conviction can remain. 

A Class A misdemeanor assault causing bodily injury to a family or household member or dating partner is a common charge. It carries up to one year in jail, a fine of up to $4,000, or both. A conviction will typically include a “family violence finding,” which has serious and lasting consequences beyond the immediate sentence. 

Anyone with a prior conviction for an offense involving family violence can be subject to a new charge of assault against a family or household member or dating partner.  This charge can be enhanced under Texas Penal Code § 22.01(b)(2) to a third-degree felony. A third-degree felony carries a possible punishment of two to ten years in prison and a fine of up to $10,000. 

Assault impeding breath or circulation (commonly called strangulation or choking) against a family, household member, or dating partner is treated even more harshly. Depending on prior history, this offense can be charged as a third-degree or a second-degree felony. A second-degree felony carries a potential sentence of two to twenty years in prison and a fine of up to $10,000. 

The Texas legal statutes governing these offenses are complex, and College Station prosecutors pursue them aggressively.  

The Lifelong Consequences of an Assault Family Violence Conviction 

The devastating impact of a conviction can last a lifetime. A “family violence finding” in Texas is extremely difficult to escape once it is on your record. 

In Texas, a family violence finding can lead to: 

• A permanent criminal record that cannot be sealed or expunged in many situations 
• Lifetime firearm restrictions under federal and state law 
• Loss of gun rights that affect hunting, sport shooting, and certain careers 
• Serious damage to child custody, visitation, and family court matters 
• Immigration problems for non-citizens, including potential deportation or denial of naturalization 
• Employment barriers for positions that require background checks, such as education, healthcare, law enforcement, government, and financial services 
• Difficulty renting an apartment or obtaining certain housing 

It takes an experience, skilled attorney to fight these charges and avoid the lasting consequences of an assault family violence conviction.  For over 25 years, defense attorney Andrea M. Kolski has helped clients and their families avoid these terrible outcomes and enjoy a trouble free life. She and the team at Nonstopjustice PLLC have secured dismissals, pretrial diversions, “no-bills” from grand juries, and other resolutions on behalf of their clients. 

What Happens in Assault Family Violence Cases

Every situation is unique, but there are some defenses and strategies that can apply in assault family violence situations. 

Self-defense or defense of others is one such defense. If you reasonably believed that force was necessary to protect yourself or someone else from immediate harm, Texas law allows you to use a reasonable amount of force. Andrea has worked with clients to gather evidence such as photos, messages, or witness testimony to successfully present a self-defense claim. 

Lack of intent or accident is another possibility. The State must prove you acted intentionally, knowingly, or recklessly. If your defense lawyer can prove the contact or injury was accidental, or if it occurred during mutual pushing and shoving in which no one intended to cause harm, that can be an effective defense. 

False or exaggerated allegations occur more often than many people realize. Unfortunately, some accusers use criminal charges to gain leverage in divorce or custody cases or to retaliate out of jealousy or anger. Andrea has worked countless numbers of cases and can recognize such underhanded tactics.  In such cases, Andrea will usually review the accuser’s history, motives, and prior inconsistent statements to build a strong defense and expose the wrongful accuser. 

Insufficient or contradictory evidence can also help a defense case. Police reports, 911 calls, body cam footage, medical records, and witness statements do not always match. When the story changes or conflicts with objective evidence, an experienced attorney can highlight those problems to weaken the prosecution’s case. 

Constitutional violations, such as illegal searches, lack of probable cause, or improper interrogation, can sometimes result in suppression of key evidence or even dismissal of the case. A skilled defense attorney knows how to review every step of the investigation to identify rights violations that may provide a strategic advantage. 

College Station’s Most Trusted Defense

Anyone charged with assault family violence in College Station needs an attorney they can trust.  For over 25 years, Andrea M. Kolski has been the trusted choice for exceptional criminal defense.  

Unlike most defense attorneys, Andrea has real experience on both sides of the courtroom. As a former Harris County prosecutor she knows how cases are built and ways they can be dismantled. 

As past president of the Montgomery County Criminal Defense Lawyers Association, Andrea has earned the respect of her peers for her outstanding defense work.  She’s also been selected for numerous national and Texas Top 100 Awards for criminal defense and family law practice.   

Andrea and the team at Nonsopjustice PLLC offer aggressive, hands-on representation regardless of the circumstances. The dig into the facts, explain your options clearly, and work closely with you to build a defense that fits your goals and your life. 

Act Now to Protect Your Rights and Your Future 

If you or a loved one has been arrested or accused of assault family violence in College Station, hoping the situation will resolve on its own is a bad mistake. Don’t assume that the case will be dropped simply because the alleged victim wants to “take it back” or by explaining it was a simple misunderstanding.  

Instead, contact an experienced defender who understands the stakes and is a proven winner. 

Andrea M. Kolski is a fierce advocate who will challenge the State at every turn, explain your options clearly, and develop a strategy tailored to your circumstances. Andrea understands the fear, confusion, and embarrassment that often come with these charges, and she uses that understanding to guide you through the process while focusing on results. 

Andrea offers real hope, even when things feel overwhelming. Many assault family violence cases can be reduced, dismissed, or resolved in ways that protect your record and your family. 

Call Andrea M. Kolski for Assault Family Violence Defense

If you’re facing assault family violence charges in College Station, Texas, don’t face them alone. Contact the Law Office of Andrea M. Kolski today to schedule a confidential consultation. Let our experience, reputation, and proven defense provide you with a path forward and a renewed sense of hope. 

For a review of your case, contact us today.