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Brian Foley — former Montgomery County Domestic Violence Unit prosecutor and Board Certified criminal defense attorney
Brian FoleyFormer Domestic Violence Prosecutor

Brian received the highest level of training offered to prosecutors in Texas when he was a member of the Domestic Violence Unit in Montgomery County. An accusation of family violence can turn your life upside down in an instant — but who investigated it, how it was charged, and how it is defended all matter enormously. Brian has been on every side of these cases, and he knows how to fight them.

The Training Behind Your Defense

Brian completed the Advanced Trial Seminar on Strangulation Family Assault — the Strangulation Advanced Course offered through the Texas District and County Attorneys Association, among the most rigorous family-violence training the State provides. That training is essentially the prosecution's playbook, and it gives Brian the tools to defend your case from every front, including:

  • Medical data — how strangulation and injury evidence is interpreted, and where it is overstated or wrong.
  • Investigation techniques — how officers gather statements, photographs, and 911 recordings, and where those methods break down.
  • Victimology experts — how the State uses expert testimony to explain recantation and behavior, and how to meet it.
  • Jury selection — how these cases are framed for a jury, and how to seat a fair one.

Because Brian learned that exact approach as a prosecutor, he knows how to dismantle it as your defense attorney.

Family Violence Cases Are Different

Assault family violence cases do not work the way most people expect. In Texas the State decides whether to prosecute — not the complaining witness — and cases frequently move forward even when the alleged victim recants or signs an affidavit of non-prosecution. Just as important, a family violence finding carries collateral consequences that reach far beyond any jail sentence: loss of firearm rights, immigration consequences, and serious impact in divorce and child-custody matters. A future arrest can even be charged as a felony. Understanding and protecting against those consequences is a central part of the defense.

A Proven, Battle-Tested Trial Attorney

Brian has handled thousands of felony and misdemeanor family violence cases across multiple counties in southeast Texas. He is a proven, battle-tested trial attorney who isn't afraid to take your case to trial when that is what it takes to protect you. He also knows when a case can be resolved quietly and favorably — and he has the experience to tell the difference.

Get a lawyer with experience you can trust. Call Brian Foley today for a free, confidential consultation.

Frequently Asked Questions


What is the Strangulation Advanced Course, and why does it matter for my case?
It is among the highest-level training the State offers its prosecutors for family violence cases — an advanced trial seminar on strangulation family assault, offered through the Texas District and County Attorneys Association. Brian completed it as a prosecutor. It covers the medical data, the investigation techniques, the victimology experts, and the jury-selection strategy the State uses to win these cases. Because Brian learned that exact playbook, he knows how to take it apart in your defense.
Can a family violence case be dropped if the alleged victim doesn't want to prosecute?
Not automatically. In Texas the State — not the complaining witness — decides whether to pursue an assault family violence case, and many offices have policies of moving forward even when the alleged victim recants or signs an affidavit of non-prosecution. That surprises people. It is also exactly why you need a lawyer who understands how these cases are actually prosecuted and where they can be challenged.
What are the hidden consequences of a family violence conviction?
A family violence finding reaches far beyond the courtroom. It can cost you your right to possess a firearm, affect immigration status, and be used against you in divorce and child-custody proceedings. It can also make a future arrest a felony. These collateral consequences are often the most damaging part of the case, and they are a central reason to fight the charge rather than simply resolve it.
What is a strangulation charge in a family violence case?
When an assault against a family or household member is alleged to involve impeding normal breathing or blood circulation — applying pressure to the throat or neck, or blocking the nose or mouth — the offense is elevated to a felony. These cases turn heavily on medical evidence and expert testimony, which is precisely the area Brian was trained in as a prosecutor. That specialized knowledge is a major advantage in your defense.
Why hire a lawyer who was trained by the prosecution?
Because he knows what is coming. Brian received the highest level of family violence training the State provides and then handled thousands of these cases from the prosecution side. He knows how the investigation is built, how the medical and expert testimony is presented, and how juries are selected and persuaded. He now uses every bit of that to defend you.

Speak With Brian Foley Today


Free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.

(936) 596-0407