Domestic violence charges in Texas typically encompass incidents of alleged assault or family violence. Convictions for domestic violence offenses can lead to prison time, monetary fines, and serious collateral consequences. In some cases, a convicted domestic violence offender may not be allowed to contact certain family members, including their children.
A skilled domestic violence lawyer in Dallas, Texas can represent you throughout your case and work to minimize – or eliminate – the penalties and collateral consequences you ultimately face.
Types of Texas Domestic Violence Charges
In Texas, domestic violence is a serious offense that encompasses various types of abuse, including physical, emotional, and sexual violence. The most common domestic violence charges in Texas fall under three main categories: Assault, Aggravated Assault, and Continuous Violence Against the Family.
- Assault is one of the most frequently charged domestic violence offenses in Texas. This charge applies when a person intentionally or knowingly causes bodily injury to another, threatens someone with imminent bodily injury, or makes physical contact that the victim finds offensive or provocative. In a domestic context, this can involve hitting, slapping, or pushing a partner or family member. Assault charges can range from a Class C misdemeanor to a Class A misdemeanor.
- Aggravated Assault is a more severe charge and occurs when the alleged assault results in serious bodily injury or involves the use of a deadly weapon. This charge is often filed in cases where the alleged victim sustains significant injuries – or when the perpetrator uses a weapon such as a knife or a firearm during the assault. Aggravated assault is classified as a second-degree felony in Texas. Moreover, if certain aggravating factors are present, such as previous convictions or particularly heinous circumstances, the charge can be elevated to a first-degree felony, which can result in life imprisonment upon conviction.
- Continuous Violence Against the Family is a charge that applies when an individual commits two or more acts of assault against a family member or household member within a 12-month period. This charge addresses situations where there is a pattern of abuse rather than a single isolated incident. Continuous violence against the family is classified as a third-degree felony in Texas.
In addition to these charges, Texas law provides for protective orders to help safeguard alleged victims from further abuse. Violating a protective order can also result in additional criminal charges and penalties.
Potential Penalties and Collateral Consequences for a Domestic Violence Conviction in Texas
A domestic violence conviction in Texas carries significant penalties and collateral consequences that can profoundly affect an accused individual’s life.
Potential Penalties:
The penalties for a domestic violence conviction in Texas can vary depending on the severity of the offense. For a simple assault, classified as a Class A misdemeanor, the convicted individual may face up to one year in the county jail and a fine of up to $4,000. If the assault is categorized as a Class C misdemeanor, the penalty may only involve a fine of up to $500.
More severe charges, such as aggravated assault, are classified as felonies. A second-degree felony involving serious bodily injury or the use of a deadly weapon can result in a prison sentence ranging from 2 to 20 years and fines up to $10,000. If the charge is elevated to a first-degree felony, the penalties can be even harsher, including life imprisonment.
For the offense of Continuous Violence Against the Family, a third-degree felony, the convicted individual faces 2 to 10 years in prison and fines of up to $10,000.
Collateral Consequences:
Beyond the immediate legal penalties, a domestic violence conviction can have lasting collateral consequences that affect various aspects of a person’s life. One of the most significant effects is on employment. Many employers conduct background checks, and a domestic violence conviction can hinder job prospects – especially in fields requiring trust and responsibility, such as education, healthcare, and law enforcement.
Housing opportunities can also be affected. Landlords often perform background checks on potential tenants, and a conviction can lead to difficulties in securing rental housing. Additionally, those convicted of domestic violence may be barred from living in certain types of government-subsidized housing.
Another critical area that may be affected is gun ownership. Under both federal and state laws, individuals convicted of domestic violence offenses are prohibited from owning or purchasing firearms. This restriction is permanent and applies even if the conviction was for a misdemeanor.
Family life and child custody arrangements are also at risk. A domestic violence conviction can influence family court decisions, potentially leading to the loss of custody or visitation rights.
Finally, immigration status can be adversely affected. Non-citizens convicted of domestic violence charges may face deportation or denial of naturalization, significantly affecting their ability to remain in the United States.
The penalties and collateral consequences of a domestic violence conviction in Texas are severe and far-reaching, affecting legal status, personal freedoms, and overall quality of life. An experienced Texas criminal defense lawyer will do everything possible to lessen or eliminate the consequences you face.
Successfully Defending Against a Domestic Violence Charge in Texas
Successfully defending against a domestic violence charge in Texas requires a well-prepared strategy, a thorough understanding of the law, and, often, an experienced criminal defense attorney. Here are some key approaches to building a strong legal defense to your charge:
- Gathering Evidence – The foundation of a robust defense is evidence. This includes any physical evidence, such as photographs of injuries (or lack thereof), medical records, or any objects involved in the incident. Gathering witness statements from individuals who can provide an unbiased account of the events is crucial. These witnesses can establish what actually happened and potentially refute the allegations.
- Challenging Credibility – Questioning the accuser’s credibility is another critical strategy. If there is evidence to suggest that the accuser has a history of making false accusations or has a motive to lie, such as a contentious divorce or child custody battle, this can be pivotal in the defense. Evidence of the accuser’s bias, inconsistencies in their story, or prior false allegations can cast doubt on their credibility.
- Self-Defense – Self-defense is valid in Texas if the accused can show that they were protecting themselves from imminent harm. To assert self-defense, the accused must demonstrate that the force they exerted was reasonable and proportionate to the threat they faced. Evidence such as bruises, scratches, or other signs of a struggle can support this defense.
- Lack of Intent – In some cases, it may be possible to argue that the accused did not have the intent to cause harm. This can be particularly relevant in situations where the incident was an accident or a misunderstanding. Demonstrating that any contact was unintentional and occurred in the context of a non-violent situation can be an effective defense.
- Alibi – Providing an alibi can be a straightforward way to refute domestic violence charges. If the accused can prove they were not present at the time and location of the alleged incident, this can be a powerful defense. Evidence such as receipts, surveillance footage, or testimonies from people who can confirm the accused’s whereabouts may substantiate the alibi.
- Legal Representation – Engaging a skilled criminal defense attorney in Texas is also essential. A lawyer who is experienced in domestic violence cases can navigate the legal system, challenge the prosecution’s evidence, and present a compelling case to the jury or judge. They can also negotiate plea bargains or work to have the charges reduced or dismissed.
Successfully defending against a domestic violence charge in Texas involves a combination of gathering strong evidence, challenging the accuser’s credibility, and employing effective legal strategies to prove innocence or justify actions.
Accepting a Plea Deal in a Texas Domestic Violence Case
Accepting a plea deal in a Texas domestic violence case can be a strategic decision with significant consequences. Understanding the implications and process is crucial for anyone considering this option.
A plea deal – or plea bargain – is an agreement between the accused individual (i.e. defendant) and the state prosecutor. In exchange for pleading guilty or no contest to a charge, the defendant may receive a reduced sentence, lesser charges, or other concessions. This can help avoid the uncertainty of a trial and potentially harsher penalties.
Potential Advantages of Accepting a Plea Deal:
One of the primary benefits of a plea deal is the reduction in the severity of the charges or penalties. For example, a defendant who’s facing a felony charge can plead guilty to a misdemeanor, which carries lighter penalties and fewer long-term consequences. This can mean less time in jail, lower fines, or even probation instead of incarceration.
Plea deals also provide a quicker resolution to the case. Trials can be lengthy, stressful, and expensive. By accepting a plea bargain, the defendant can avoid the time and emotional strain of a trial, as well as the associated legal fees.
Potential Disadvantages of Accepting a Plea Deal:
However, accepting a plea deal also has its downsides. A guilty plea or no contest plea results in a criminal conviction, which will remain on the defendant’s record. This can affect future employment opportunities, housing options, and personal relationships. Additionally, it can have long-term implications, such as restrictions on owning firearms and potential immigration consequences for non-citizens.
Another disadvantage is the loss of the right to a trial by jury. By accepting a plea deal, the defendant waives their right to contest the charges in court and to be judged by a jury of their peers. This means giving up the opportunity to potentially be acquitted of the domestic violence charges.
Making the Decision:
Deciding whether to accept a plea deal involves weighing the pros and cons carefully. It’s essential to consult with an experienced Texas criminal defense attorney who can provide guidance based on the case specifics. A skilled domestic violence lawyer can also negotiate the best possible terms for the plea deal and ensure that the defendant fully understands the consequences.
Taking a Domestic Violence Case to Trial in Texas
Taking a domestic violence case to trial in Texas is a complicated process that involves several stages. Understanding these important steps can help defendants and their families prepare for what lies ahead.
- Pre-Trial Preparations – During this phase, both the prosecution and defense gather evidence, interview witnesses, and prepare their cases. The defense may file motions to dismiss the charges, suppress evidence, or request other legal actions to strengthen their case. Plea negotiations may also occur during this time, though the defendant has the right to reject any plea deals and proceed to trial.
- Jury Selection – If the case goes to trial, the first step is jury selection. Both the defense and prosecution have the opportunity to question potential jurors to ensure that they are impartial. This process is known as “voir dire.” Each side can dismiss a certain number of jurors without giving a reason, known as peremptory challenges, and an unlimited number for cause.
- Trial – The trial itself begins with opening statements from both the prosecution and defense. The prosecution presents its case first, calling witnesses and presenting evidence to prove the defendant’s guilt beyond a reasonable doubt. The defense then has the opportunity to cross-examine these witnesses and challenge the evidence. After the prosecution rests, the defense presents its case, calling its witnesses and presenting its evidence. The prosecution can cross-examine the defense’s witnesses as well.
- Closing Arguments and Deliberation – Once both sides have presented their cases, they make closing arguments summarizing their positions. The jury then deliberates in private, considering the evidence and deciding whether the prosecution has met its legal burden of proof.
- Verdict and Sentencing – If the jury reached a unanimous verdict, they will announce it in court. If the defendant is found guilty, the judge will schedule a sentencing hearing, where the appropriate punishment will be determined. If the jury cannot reach a unanimous decision, the judge may declare a mistrial, and the prosecution may choose to retry the case.
An experienced Texas criminal defense lawyer can help you decide whether to take your domestic violence case to trial, given the facts and circumstances.
Contact an Experienced Texas Domestic Violence Lawyer Today
If you are currently faced with a domestic violence charge in Texas, you need to retain qualified legal help right away. An experienced domestic violence attorney in Texas can represent you aggressively throughout your case and pursue the best possible result on your behalf.
