Domestic or family violence charges can devastate your life, sending you to jail or prison, costing you thousands in fines and fees, and leaving you with a permanent criminal record.
A family and domestic violence lawyer in Highland Park can help protect your rights and fight for your future. As a former felony prosecutor, Randall Isenberg understands how to build the most robust possible case for your defense.
Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a free case evaluation.
Family & Domestic Violence Offenses Can Jeopardize Your Entire Life
The potential range of domestic and family violence crimes in Highland Park spans multiple portions of the Texas Penal Code (TPC) and Family Code. Virtually any type of violent crime contained in the statutes can become a domestic violence case when the alleged victim is current or former family member, dating partner, or even a roommate.
These offenses are an act or threat of violence against a current or former family or household member, or someone with whom you had a child or a romantic relationship. Intimidation and the use of (or threatened use of) a firearm or weapon also fall under this diverse category of crimes. You could face charges ranging from a Class C misdemeanor all the way up to a first-degree felony.
Domestic Violence Penalties Can Be Severe
If you face charges related to domestic or family violence, it is imperative that you understand the potential penalties associated with a conviction before giving any statements or agreeing to a deal with the prosecutor.
The penalties for conviction on domestic violence charges in Highland Park are as follows:
Class C Misdemeanor Up to $500 in fines
Class B Misdemeanor Up to 6 months in jail
Up to $2,000 in fines
Class A Misdemeanor Up to 1 year in jail
Up to $4,000 in fines
Third-Degree Felony 2 to 10 years in prison
Up to $10,000 in fines
Second-Degree Felony 2 to 20 years in prison
Up to $10,000 in fines
First-Degree Felony 5 years to life in prison
Up to $10,000 in fines
More important than the potential for incarceration and monetary fines are the enhancements the prosecutor can pursue for family violence, which increase the potential penalties significantly.
A family or domestic violence conviction will leave you with a permanent record which can cost you your job and strip away your rights to own or carry a firearm. A conviction can also lead to you losing custody of your children or even prevent you from living in your own home.
How a Family & Domestic Violence Lawyer in Highland Park Can Help
At the Law Offices of Randall B. Isenberg, we understand the fear and frustration you are experiencing as you face domestic or family violence charges and we are standing by to help.
Our team will begin by collecting as much evidence as possible in your case, to get to the bottom of the situation. This evidence might include:
- Police reports
- Photo or video evidence
- Witness statements
- Medical records
Whenever necessary, we will call on our network of resources, including investigators and subject matter experts, to uncover any ulterior motives for false allegations.
Some potential defense strategies that we may consider include:
- False accusations
- Defense of others
- Defense of property
- Accidental contact
We will also explore whether the police may have violated your legal rights or neglected to consider all relevant evidence before pressing charges.
Often, we can successfully negotiate with the prosecutor to get the charges reduced or dropped. Otherwise, we can build the strongest possible case in your defense and prepare for court. The prosecutor must satisfy their burden of proof to get a conviction. This means, for example, if we can demonstrate in court that you acted in self-defense, the prosecutor must prove otherwise.
The specific defense approach we recommend in your case will depend on the nature of the charges you face and other relevant facts of your case.
Understanding Family & Domestic Violence Crimes
The basis for this classification of offenses comes from Title 5 of the Texas Penal Code, entitled “Offenses Against the Person.” When someone commits any of these offenses, the prosecutor will pursue family or domestic violence charges if the victim falls into any of the following categories.
- Current or former spouse
- Current or former dating partner
- Current or former roommate
- Relative, by blood or in law
The prosecution can seek an “Affirmative Finding of Family Violence” in relation to any assaultive offense, including the following:
- Aggravated assault
- Sexual assault
- Aggravated sexual assault
You can also face charges for merely threatening physical harm or bodily injury.
Enhanced Domestic Violence Charges
You can face enhanced penalties or additional charges if:
- Your alleged incident involved a child victim;
- The victim feared for their life
- They claim you threatened their life;
- You choked, smothered, or strangled the victim during the incident.
- You had a firearm or other weapon in your possession (you could face enhanced charges even if you never brandished or used the gun).
If you commit domestic violence twice during a one-year period, you could face additional charges for continuous violence against the family.
It is important to note that you cannot have domestic or family violence charges expunged from your record. Beware also of any offers the prosecutor may make for deferred adjudication because, even if you complete your obligations under the agreement, you may still lose certain civil rights — such as the right to own or carry a firearm.
Call for a Free Consultation in Highland Park
Although you likely want this issue to go away as quickly and quietly as possible, it is vital that you understand how this could negatively affect your future.
If you face domestic or family violence charges in Highland Park, contact the Law Offices of Randall B. Isenberg as soon as possible, to learn what a conviction could mean for your future and to discuss your options with a criminal defense lawyer.
We offer a complimentary case evaluation, so we can answer your questions and help you determine the best course of action. Call our office today to schedule your case review at 214-696-9253.