A domestic violence charge is among the most heinous offenses in Texas due to the nature of this crime. As such, these charges are not taken lightly in the Lone Star state, carrying hefty penalties. However, if you have been charged with this crime, your circumstances may tell a different story. The following blog explores potential defenses that may apply to your situation, as well as the importance of working with Houston family member assault defense attorneys to help guide you through these complicated matters.
What Constitutes a Domestic Violence Charge?
Under Texas Law, domestic violence occurs when someone commits the crime of assault, meaning they knowingly or recklessly threaten to cause injury, cause injury, or make offensive physical contact with another person with whom they share an intimate relationship. This can be a member of their family or household, or someone they are in a dating relationship.
While a first offense is a Class A misdemeanor, you should not underestimate the impact of this crime. Being convicted of this offense can damage your reputation for the rest of your life, as you may be unable to secure employment, your friends and family may distance themselves from you, and you may have difficulty finding romantic prospects.
You should also note that certain elements of this offense can increase the severity of the crime. For example, if serious bodily injury occurs or a weapon is present or used during the commission of the assault, this can constitute an aggravated domestic assault charge. This can result in a second-degree felony if serious bodily harm occurs and a first-degree felony if a deadly weapon is used. These are serious charges, carrying the potential of two to twenty years in jail and up to life in prison, respectively.
What Potential Defenses Might I Be Able to Use?
One of the most common defenses for a domestic violence charge is that you were acting in self-defense. Unfortunately, many situations in which abuse is alleged are “he said, she said” situations. However, if you can prove that the victim was actually the aggressor in this situation and you were acting to protect yourself or others, you may be able to avoid facing a conviction.
Another defense you may be able to utilize is that the other party is fabricating the story. Despite the fact that domestic violence is a serious issue, many will use this as a way to tarnish the reputation of another person. This could be to hinder their ability to obtain employment, get “revenge” for ending a relationship, or to inhibit their ability to receive child custody during a divorce. By showcasing the motivation and providing evidence to help prove your claims, you may be able to successfully avoid a conviction.
A domestic violence offense is not something that should be taken lightly. As such, it is in your best interest to connect with an experienced criminal defense attorney with the Gonzalez Law Group as soon as possible. Our firm understands how difficult these circumstances can be, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.