Understanding domestic violence charges in Texas is critical for anyone who faces such allegations. As a defendant, you must know what constitutes domestic violence, its various forms, and its potential legal consequences.
Vinas & Graham, PLLC, are experienced Houston defense attorneys who can provide you with the legal counsel and representation you need.
What Are Acts Of Domestic Violence In Texas
Although physical abuse is the most common type of domestic violence that comes to one’s mind, Texas legally recognizes several other types of domestic violence, such as psychological, economic, sexual, emotional, and technological abuse, that can result in criminal charges.
Types Of Domestic Violence Charges In Texas
Domestic violence is a serious issue in Texas, and the state law provides several charges that can be imposed on offenders.
Domestic Assault: The most common charge is the intentional or reckless cause of bodily injury to a family member, household member, or romantic partner.
Aggravated Domestic Assault: A more severe form of domestic assault involving causing serious bodily injury or using a deadly weapon.
Continuous Violence Against the Family: A domestic violence charge that applies to those who commit two or more domestic assaults within 12 months.
Violation of Protective Order: A charge imposed on offenders who violate a protective order issued by a court.
Penalties For Domestic Violence Charges In Texas
In Texas, domestic violence charges are taken very seriously and carry severe penalties. The penalties are based on the classifications of offenses, fines and jail time, and protective orders.
Classifications of Offenses: The severity of the offense determines the classification of domestic violence charges in Texas. The state classifies domestic violence as a misdemeanor or a felony offense.
Misdemeanor domestic violence charges in Texas, such as assault resulting in bodily injury to a family member (as defined by Texas Penal Code §22.01), can lead to various penalties. Penalties include a maximum fine of $4,000 and imprisonment for up to one year.
Felony domestic violence charges, like continuous violence against the family (Texas Penal Code §25.11), can lead to a fine of up to $10,000 and a prison sentence ranging from two to ten years.
Individuals with prior convictions may face even harsher consequences. For example, if someone with a previous domestic violence conviction is charged with a new misdemeanor assault, the charge could be enhanced to a felony, resulting in increased fines and longer prison sentences.
Protective Orders: Texas domestic violence victims can obtain a protective order to prevent further abuse. A protective order can require the offender to stay away from the victim’s home, workplace, and other locations and prohibit the offender from contacting the victim.
Violating a protective order can result in additional charges and penalties. The duration of protective orders can extend up to two years, and in some cases, they may remain in effect indefinitely, spanning the duration of the individual’s lifetime.
Common Defenses Used In Domestic Violence Cases
If an individual is charged with domestic violence in Texas, they face a range of repercussions, such as imprisonment, financial penalties, and a criminal record that could have lasting consequences. However, several defenses can be used to fight these charges.
Self-defense: Common defense used if the accused acts to defend themselves or others from harm.
Lack of evidence: May be used if the prosecutor cannot prove their case beyond a reasonable doubt.
Mistaken identity: Used if the accused was misidentified as the perpetrator of the crime.
Seeking Legal Help For Domestic Violence Charges
When confronted with domestic violence charges in Texas, it is crucial to hire a skilled domestic violence lawyer to represent you and protect your legal rights. Domestic violence cases are incredibly sensitive and can lead to severe consequences.
A skilled domestic violence lawyer can help navigate the complex legal system and provide legal representation throughout the entire process. Finding the right lawyer can be overwhelming, but looking for someone experienced in handling domestic violence cases, knowledgeable about Texas laws, and who you feel comfortable working with is essential.
During legal proceedings, expect to attend court appearances, meet with your lawyer regularly, and potentially negotiate a plea deal or go to trial.
Protect Your Rights: Contact Vinas & Graham, PLLC Today to Fight Domestic Violence Charges in Texas.
Having experienced and knowledgeable legal representation is crucial for protecting your rights if facing domestic violence charges in Texas. Additionally, having a domestic violence conviction has lasting consequences.
Contact Vinas & Graham, PLLC, today for a confidential consultation and begin fighting these charges. Follow us on Facebook for more legal insights and updates on Houston criminal defense matters.
