Offering Aggressive Defense Strategies
If you’ve been arrested for family violence, you may be feeling confused and overwhelmed by the criminal justice system. Domestic violence convictions can severely impact your life, leading to excessive fines, years in jail, and a blow to your reputation. If you have children, a guilty verdict could cause you to lose custody and visitation rights. With so much in your life on the line, it is essential to contact an experienced criminal defense attorney right away to get you the best possible outcome.
Our team at Flanary Law Firm, PLLC, has years of experience defending clients from domestic abuse charges. We will review your case and provide our legal services to develop a solid legal defense strategy. If you have a restraining order or order of protection against you, we will also explain what those mean and how you can avoid violating those orders. Our lawyers offer free consultations so you can decide if we are a good fit before hiring us. Please don’t risk your future by letting an inexperienced team handle your case. Contact our law office today by calling 210-880-3931.
What is Domestic Violence?
The Texas Family Code defines domestic violence as any act by a family member that is intended to result in bodily harm, physical injury, or assault. Domestic violence also includes any threatening behavior that places a family member in fear of imminent harm. Domestic violence doesn’t have to be physical and can include verbal abuse, emotional abuse, sexual abuse, economic abuse, and mental abuse. Domestic violence is often perpetrated against a romantic or married partner, but it can also be committed against children or other relatives. Both men and women can be victims of domestic abuse.
Most domestic violence cases involve assault or bodily injury. Bodily injury is a Class A misdemeanor in normal circumstances. However, the assault can be charged as a felony if any of the following statements are true:
- The assault resulted in serious bodily injury
- The assault involved strangulation or choking
- The assault involved the use of a weapon
- The defendant has prior domestic violence convictions on their record
What Are the Potential Penalties of a Domestic Violence Conviction?
Domestic violence convictions are taken very seriously and can result in harsh penalties. If you are a first-time offender in Texas, you could receive a fine of multiple thousands of dollars and up to one year in jail. If you are a repeat offender, meaning you have a previous domestic violence conviction on your record, the charge is automatically upgraded to a third-degree felony. If you are convicted of a domestic violence felony, you can receive a prison sentence between two and ten years and a fine of up to $10,000.
Aggravated assault of a family member is a second-degree felony in Texas and carries penalties of a $10,000 fine and between two and 20 years in prison. If the assault involved the use of a weapon or caused serious bodily harm, it is classified as a first-degree felony. This conviction carries a $10,000 fine and between five and 99 years in prison.
While jail time and fines are real consequences you may face, the impacts of a criminal conviction don’t stop there. With a conviction on your criminal record, finding a job may be difficult, as many employers do not hire convicted criminals. Similarly, securing housing could be a challenge since you will likely not pass a background check with a conviction on your record. The impact on your personal reputation could also make maintaining relationships in your community difficult. If you are facing a domestic violence case, seek legal help right away by calling our law office.
How Does a Restraining Order Work?
Restraining orders and orders of protection are available for any domestic violence victim who feels like they are in danger. If you have a restraining order against you, you are ordered by the court to avoid any contact with that person, including text messages and phone calls. Any contact you make with a person who has a restraining order against you could be classified as stalking, intimidation, or harassment, so it is essential not to reach out to them. If there is a restraining order against you, contact to a domestic violence attorney on our team today to learn more about what you can and can’t do under these rules.
What Are the Common Defenses Against Domestic Violence Charges?
Domestic violence charges are serious, and convictions can impact your life in many ways. However, there are some defense strategies you can use in your case. While your defense strategy will depend on the specifics of your case, there are some tactics our team may rely on to defend you.
Below are the most common defenses against a domestic violence charge:
- The alleged victim is not telling the truth
- The alleged act was unintentional
- The act was done in self-defense
- The accusations are being made up as revenge
- There was police misconduct during the investigation
Do I Need a Domestic Violence Lawyer?
Allegations of physical abuse can have severe consequences. Jail time and hefty fines are just some of the things you could face after a domestic violence conviction. If you have been charged with domestic violence or aggravated assault against a family member, it is crucial that you reach out to an experienced criminal defense attorney today. Our team at Flanary Law Firm, PLLC, will provide assistance in navigating the legal system to reduce or even remove the penalties you are facing. For more information and to receive a free consultation, contact our office by calling 210-880-3931.