A domestic violence charge is serious, and convictions can carry heavy penalties. Forming a strong defense is the best way to fight such charges, and a Flower Mound domestic violence lawyer from the Law Offices of Randall B. Isenberg is ready to help you do that.
It does not matter which charges are leveled against you. You have the right to a defense, and our lawyers will advocate for you at every stage of your case and help you fight these charges.
Domestic Violence Charges in Texas
Under Texas Family Code § 71.004, domestic violence charges can be filed against you when you harm or threaten to bring harm against a family member or someone in your household. Potential victims can include:
- Spouses or former spouses
- Your children
- Blood relatives
- Foster children
If they share a home with you and suffer harm from your actions, a domestic violence charge can be filed. In some cases, domestic violence charges can also be filed by someone you are dating or dated in the past, even if you do not live with them.
Severity of Charges
A domestic violence charge can be a misdemeanor or a felony, and the severity of the charge can depend on several factors. Threatening violence can be a misdemeanor. Physically assaulting someone may be a felony. Attacking someone with a weapon could increase the seriousness of the charges, as could a history of criminal activity and domestic violence.
Punishments can vary widely, but whether you are charged with a misdemeanor or a felony, you should take your defense seriously.
Punishments for Domestic Violence
Per Texas Penal Code §12.21, punishments for domestic violence usually result in fines, jail time, or both. A domestic assault arrest that results in a class A misdemeanor charge could result in a fine of up to $4,000 and a jail sentence of up to one year. A more serious charge, like a felony aggravated domestic assault, can carry penalties of up to twenty years in prison and fines of up to $10,000.
If you have a criminal history, you are more likely to be charged with a felony. If you have committed another domestic assault within the last twelve months, you could be charged with continuous violence against the family, also a felony. So your past can have a big impact on what kinds of penalties you face.
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Other Consequences and Penalties
The law may not be the only thing you have to worry about. A domestic violence conviction, charge, or accusation could also have repercussions elsewhere in your life. It can affect your personal and professional life in many different ways.
This is especially true for people who have received a professional license in Texas. State boards and regulators hold such license holders in high regard and could undertake their own investigations. These investigations could have major professional consequences, so you need to be ready to defend yourself on this front as well. A domestic violence lawyer from our Flower Mound office can also help you with this.
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How Your Domestic Violence Lawyer Can Help
Your lawyer can help you with your case in several ways. They will act as your advocate at every turn and do their best to help you establish a solid defense against the charges leveled against you. Your attorney will:
- Gather evidence: Just as the state has the police to gather evidence for them, we also have investigators to compile evidence and counterevidence that can help make your case. We can investigate alibis, talk to witnesses, and do anything else needed to help form your defense.
- Hold the state to a high standard of proof: A domestic violence charge is serious, so the burden of proof is high. If the state and prosecution cannot show that you are guilty beyond a reasonable doubt, your lawyer will point out the holes in their case and show why you should be declared “not guilty.”
- Prepare you for testimony: You may need to testify on your behalf at some point. This can be intimidating, especially if you are not a fan of public speaking, but your lawyer can help you prepare for testimony or depositions.
- Answer any questions you have: Having domestic violence charges leveled at you can be confusing and scary. If you have any questions, your lawyer can answer them and put you at ease.
- Negotiate plea agreements: If it looks like a conviction is a possibility, your lawyer can help negotiate a fair and equitable plea agreement.
- Reduce sentencing, when possible: Your lawyer may also help you reduce your sentence if you are convicted or offered a plea deal. Your attorney can try to get you a shorter sentence, lesser fines, or probation instead of prison. There are no guarantees, but you can be sure that your lawyer will fight for the best possible outcome.
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Forming a Defense
Every case is different, so our lawyers look at all of the facts and do their best to find a defense strategy that will work for you. Common approaches include:
- Claiming self-defense
- Claiming you were acting in defense of others
- Showing that the charge was a result of mistaken identity
- Claiming accidental violence
- Showing that the charge was a false accusation
If there are mitigating factors or any evidence that shows the charges against you are frivolous or that the prescribed punishment is too harsh, we will find them.
Learn More About Your Legal Options
You do not have to defend yourself against these charges on your own. Take advantage of your right to representation and enlist the help of a domestic violence lawyer in Flower Mound. To learn more about what we can do to assist you, call the Law Offices of Randall B. Isenberg and schedule your consultation. Do not miss the chance to learn more about all of your legal options.