In Richardson, Texas you could face prosecution for domestic violence or family violence even if you did nothing wrong. If you stand accused of domestic assault or aggravated domestic assault, you need a compassionate but aggressive attorney on your side, to protect your legal rights and set the record straight.
The Law Offices of Randall B. Isenberg can provide invaluable insight into the criminal justice system and how the prosecution may go about building a case against you. You do not have to face this challenge alone. We offer a complimentary consultation to answer your questions and help you learn more about your legal options. Contact us today at 214-696-9253 for help.
Family & Domestic Violence Offenses and Penalties
The specific charges you face will depend on the allegations against you and your relationship to the victim. Some of the offenses most commonly associated with domestic and family violence include the following. However, the court can make an affirmative finding of family violence in connection with almost any criminal offense established in the
- Domestic assault
- Aggravated domestic assault
- Online stalking (cyberstalking)
- Violation of protective order
If you commit domestic assault twice within 12 months, you will face the charge of continuous violence against the family, a third-degree felony.
The prosecutor will pursue more serious, aggravated charges if the offense involved a child, a weapon or the threat of a weapon, choking or strangulation, or smothering. You will also face more serious charges if the victim suffered physical injuries, feared for their life, or reported that you threatened their survival.
The prosecutor can pursue one of many charges ranging from a misdemeanor resulting in up to six months in jail all the way to a first-degree felony which carries a sentence of up to 99 years.
Upon conviction for family or domestic violence, you will have a permanent criminal record that you cannot have expunged. You could lose the ability to own or possess a firearm. The judge may refuse to grant bail and, if the court issues a protection order, you may not have the right to live in or even visit your own home. Finally, a family violence conviction could cost you custody of your children.
Why You Need a Family & Domestic Violence Lawyer
The crimes of family and domestic violence differ from most other offenses, specifically about your legal rights. For other crimes, the police must have probable cause to place you under arrest. In this case, they do not need probable cause to put you in handcuffs and take you away.
Similarly, prosecutors can move forward with criminal charges despite having no witnesses or other clear evidence that you committed the offense in question. And, when it comes to domestic or family violence allegations, both society and the criminal justice system tend to presume your guilt.
These are just a few of the reasons that you need a dedicated criminal defense attorney on your side. A family and domestic violence lawyer works for you and you alone, to ensure that you receive fair treatment and the legal rights to which you are entitled.
The legal team at the Law Offices of Randall B. Isenberg in Richardson, Texas will do everything in our power to fight for you.
We will go to work immediately to uncover the truth about the events that led to your arrest. We will dissect every piece of evidence, interview witnesses, and dig into the potential motivations that might underlie the allegations against you. We will also determine whether the police violated your legal rights or made other errors in handling your arrest and any evidence.
We have many options for crafting a defense strategy on your behalf. We will take an aggressive stance with the prosecutor, in an attempt to get your charges reduced or dismissed.
Often, we can identify alternatives to trial, such as deferred adjudication programs. An option like this gives you the opportunity to complete a course of treatment, such as counseling, anger management courses, community service, or whatever actions the court requires.
If we must take your case to court, we will prepare the most persuasive possible case. Because the prosecutor must prove your mindset – that you intentionally set out to harm or intimidate your accuser – we can potentially demonstrate that the incident was merely a misunderstanding. We also have the option of arguing that you acted in self-defense or that your accuser had an underlying motivation for exaggerating or fabricating the allegations.
Understanding the Legal Elements of Family & Domestic Violence
The Texas Penal Code (TPC) sets forth three critical elements of assault, which are intentional:
- Causing physical harm to another person
- Threatening to cause physical harm to another person
- Engaging in physical contact with another person to provoke them
In conjunction with those elements, the offense of assault becomes domestic assault, based on the definitions found in the Texas Family Code, if the act involves
- A current or former spouse
- A current or previous domestic partner
- A current or former dating or romantic partner
- Any person related to you by blood or in law
- A co-parent, co-step-parent, or co-foster parent
- Any current or former member of your household
It is important to note that the court can make an affirmative finding of family violence for almost any violent crime contained in the statutes.
Meet with a Family & Domestic Violence Lawyer in Richardson for Free
Family and domestic violence allegations sometimes arise from misunderstandings, exaggerations, and false accusations made in anger or retaliation. Do not make any statements to the police or enter a guilty plea until you speak with a family and domestic violence lawyer in Richardson, Texas.
The Law Offices of Randall B. Isenberg can provide a no-cost, no-obligation consultation and case evaluation, to help you make the right choice for your future. Contact us today at 214-696-9253 to learn more.