Navigating Domestic Violence and Assault Charges in El Paso

In this episode, attorney Carl DeKoatz joins the show to provide an in-depth look at how he handles domestic violence and assault cases in El Paso, Texas. Whether you are facing a misdemeanor or a serious felony, understanding your rights and the legal process is critical to protecting your future.

Key Discussion Points

• Interacting with Law Enforcement: If you are a potential defendant in an assault case, DeKoatz advises against communicating with the police at the scene. He emphasizes that officers are there to gather evidence rather than judge the situation. By explicitly stating you want to talk to a lawyer, you invoke your Fifth and Sixth Amendment rights, which legally requires police to stop questioning.
• Your Rights at Home: You are generally not required to answer the door for the police. However, DeKoatz notes that officers may enter without a warrant under “exigent circumstances,” such as hearing yelling or suspecting an immediate safety threat.
• The Cooling-Off Period: Following an arrest, there is often a 30-day protective order attached to a bond. DeKoatz views this as a necessary cooling-off period and strongly advises against any direct or indirect communication with the other party to avoid picking up additional charges.
• Preserving Evidence: To build a strong defense, it is vital to preserve all digital evidence, including texts and emails from the other party. This information can be used to provide context to the prosecution and show that an alleged victim’s story may be inconsistent.
• Levels of Assault Charges:
  • Simple Assault: Generally handled in misdemeanor courts.
  • Third-Degree Felony: Charges escalate significantly if “impeding breath” or choking is alleged.
  • Aggravated Assault with a Deadly Weapon: This involves putting someone in fear of death or serious injury with a weapon, such as a knife or gun, often seen in high-conflict domestic disputes or road rage incidents.
• Self-Defense in Texas: DeKoatz frequently handles cases where clients were simply defending themselves. In these instances, the court uses both a subjective and objective standard to determine if a reasonable person in the defendant’s shoes would have felt the need to use force.
• The Path to Resolution: The firm's goal is always to protect the client's record and prevent a single mistake from defining their life. While some cases go to trial, many are resolved through deferred supervision or dismissals based on the history of the parties and the strength of the evidence.

Local Court Information

Domestic violence and assault cases in El Paso are typically handled in the “big glass building” located on San Antonio Street. Misdemeanor courts are generally located on the 7th and 8th floors, while felony charges are heard in the District Courts.

Contact Information

If you are in need of legal assistance for an assault or domestic violence matter, you can reach the Carl DeKoatz  at:

• FIRM: Carl DeKoatz Law Firm
• Address: 718 Myrtle Ave, El Paso, TX 79901
• Phone: (915) 577-0913
• Website: https://DeKoatzLaw.com