If you’ve been charged with offenses related to domestic or family violence in Texas, you could be dealing with severe penalties. Understanding the criminal charges against you is essential for defending your freedom and future.
Below, you can learn more about the types of charges brought for domestic violence in Texas, the potential consequences for these offenses, and how to fight charges for domestic violence crimes in San Antonio.
Key Takeaways
- Domestic violence is a serious crime involving physical abuse or threats of harm against a family or household member.
- The three primary charges for violence against the family include assault, aggravated assault, and continuous violence.
- Under Texas law, domestic violence offenses carry serious consequences, including jail time, fines, and lifelong impacts.
- Your San Antonio domestic violence lawyer can fight your charges by proving accidental harm, false allegations, police misconduct, or self-defense.
Types of Domestic Violence Offenses
Domestic violence commonly involves violent acts against a spouse, family member, or roommate. Rather than being a specific charge, domestic or family violence offenses in Texas are typically charged under assault offenses.
- Assault – Domestic assault involves causing bodily injury, threatening bodily injury, or causing offensive physical contact.
- Aggravated Assault – Aggravated domestic assault offenses involve the same types of acts as an assault, with the additional factor of either serious bodily injury or the use of a deadly weapon.
- Continuous Violence – Continuous family violence charges may be brought against a person who commits two or more acts of domestic assault within 12 months.
Is Emotional and Psychological Abuse a Crime in Texas?
In addition to charges for acts causing physical harm, Texas also recognizes certain offenses related to psychological and emotional abuse. You may face domestic violence charges without ever laying a hand on the alleged victim if you use threats of intimidation and harm. Under Texas domestic violence laws, you may also face charges if you use coercion to control a person’s freedom or autonomy.
If your domestic violence charges were brought for acts not involving physical contact, it’s essential that you get help from a capable criminal defense attorney.
Potential Penalties for a Domestic Violence Conviction in Texas
Charges for domestic violence can range from misdemeanors to felonies, depending on the circumstances of your case. While Class C misdemeanors often carry fines of up to $500 with no jail time, a Class A misdemeanor can bring up to 1 year in prison, and felony aggravated assault charges can bring sentences of between 2 and 20 years in prison.
- Assault – Domestic assaults can bring charges of a Class C misdemeanor in cases of offensive touching, a Class B misdemeanor for imminent threats, or Class A misdemeanors for assaults causing physical harm by first-time offenders.
- Aggravated Assault – Aggravated assault may be charged as a second- or first-degree felony, depending on the identity of the offender and victim and the injury severity.
- Continuous Violence – This offense typically carries a third-degree felony charge.
Your charges may be elevated depending on aggravating factors and prior convictions. Keep in mind that things like violating a protective order can lead to further criminal consequences.
It’s also important to remember that prison sentences and fines are not the only collateral consequences of domestic violence charges. Thanks to your permanent criminal record, you may also face considerable social stigma, child custody issues, employment difficulties, and gun rights restrictions under federal law. In the case of child custody, most Texas family courts rule against joint managing conservatorship in cases where a parent has a history of family violence.
Common Defenses for Those Accused of Domestic Violence
Domestic violence convictions can bring serious consequences, but you have options for combatting the charges against you. Your attorney can use these arguments to negotiate a plea deal, negotiate for dropped charges, or establish reasonable doubt in a court of law. Some common defenses used against family violence charges include:
- Accidental Harm – To constitute domestic violence, the act in question must be taken intentionally, knowingly, or recklessly. Accidental harm may lead to lower charges or a not-guilty verdict.
- False Accusations – One common method for reducing charges is arguing that you were falsely accused by the alleged victim. This may involve undermining the accuser’s credibility in court.
- Police Misconduct – If your attorney can prove that law enforcement violated your rights during the investigation or legal process, your charges may be reduced or dropped.
- Self-Defense – If your attorney can establish that you were acting in self-defense, then your charges may be dropped or reduced.
Facing Domestic Abuse Offenses? Get Help From a Domestic Violence Lawyer
Even for a first-time offense, family violence offenses can bring serious penalties, often carrying a Class A misdemeanor charge with fines of up to $4,000 and up to one year in prison. Having capable legal representation by your side can make all the difference in reducing the penalties you’re facing.
Here at the Law Office of John G. Perez Jr., John is committed to helping those charged with family violence offences in San Antonio reduce the penalties against them. Using his in-depth knowledge of Texas law and the Texas Family Code, John can undermine the criminal case against you, fighting for a dismissal for every client.
A lawyer can help you fight for reduced charges in your domestic violence case. Reach out to John for legal assistance today.