If you’ve been accused or charged with domestic violence, you may have a difficult road ahead of you. Defending yourself against domestic violence charges can be incredibly challenging, and getting help from an experienced criminal defense attorney can make all the difference in your case.
If you’re facing charges under Texas domestic violence laws, keep reading to learn what to expect and what to do next.
What Counts as Domestic Violence in Texas?
Before we can discuss what to expect from a domestic violence case, we need to make sure we’re all on the same page when it comes to what we’re actually talking about. In Texas, domestic violence includes any sort of intentional, knowing, or reckless violence against a family member that results in bodily injury. However, “family members” might include more people than you would typically expect.
There are three types of domestic violence victims who can press charges for family violence under Texas law:
- Biological and adopted relatives
- People who you have dated or are dating
- People within your household
Domestic assaults can include anything from hair pulling and slapping to punching and kicking. The violence that occurs does not need to leave a mark or cause serious bodily injury in order to qualify as domestic or family violence.
What’s the Process for Domestic Violence Cases in Texas?
Now that we’ve established what sorts of actions may bring about domestic violence charges, we can explain the process that most domestic violence cases typically follow. If you’ve been charged with a family violence offense, you can expect your case to follow this general path:
- Reporting – First, the offense must be reported to the police, and the police must conduct an investigation.
- Legal Action – At this time, victims may choose to seek a restraining order against the accused.
- Arrest and Charge – If police believe a crime has been committed, charges may be filed and an arrest made.
- Criminal Proceedings – After you have been arrested and charged, your case will enter legal proceedings, during which the case is built.
- Protective Action – At this time, further protective actions, including enhanced limits on contact with the victim, may be imposed.
- Trial – Unless the charges are dropped or the case is dismissed, your case will proceed to trial at which time your lawyer will argue on your behalf.
- Sentencing – If the court determines that you are guilty, then they will decide on a sentence for your offense.
What to Do If You’re Facing Domestic Violence Charges
If you’re facing charges of family violence, there are steps that you should take right away to protect your freedom and your reputation. The most important step to take is to contact a criminal defense attorney. A criminal defense attorney can help investigate your case and seek a dismissal on your behalf.
The actual process that you’ll follow to defend yourself will vary depending on the specifics of your case, and an attorney can give you guidance on the right way to proceed. If you’ve been charged with domestic assault, don’t wait to get help from a capable lawyer.
What Are the Penalties for Domestic Violence Crimes?
The penalties for domestic violence offenses will vary based on the severity and specific details of your case. In general, penalties for family violence in Texas are as follows:
- Class A Misdemeanor – A first offense without serious bodily injury or aggravating factors
- Third-Degree Felony – A offense within a pattern of continuous violence
- Second-Degree Felony – Aggravated domestic assault meaning assault using a deadly weapon or causing serious bodily injury
Whether you’ve been charged with a misdemeanor or aggravated assault, getting help from an attorney can help you reduce the penalties against you.
Do I Need a Lawyer for My Domestic Violence Case?
Navigating the Texas criminal justice system can be nerve-racking, but you don’t have to go it alone. If you’ve been charged with violence against the family, you could be facing a significant jail sentence. Getting help from a domestic violence defense attorney can mean the difference between decades in jail or a short sentence.
In general, it is in your best interest to consult with a defense lawyer if you’ve been accused or charged with a crime. Failing to consult with an attorney can leave you vulnerable to mistreatment or wrongdoing, not to mention the potential harm that can be done by making the wrong legal decision. Don’t put your freedom at risk by facing the criminal justice system on your own. Get help from a domestic violence defense lawyer to defend your freedom and reputation.
Defend Against Domestic Violence Charges With a San Antonio Defense Lawyer
Charges for family violence are incredibly serious, and it’s essential that you take action to defend yourself if you’ve been charged with such a crime. An experienced criminal defense attorney can fight for your right to a fair case.
If you’re facing charges of domestic violence, you need help from a reliable San Antonio domestic violence defense attorney. John at the Law Office of John G. Perez Jr. would be proud to represent you in interrogations or a court of law. When you need someone who will go above and beyond to reduce your penalties, you need John.