Facing accusations of domestic violence is not only something that can ruin your reputation, but the charges you can face if you are convicted of this offense are incredibly harsh. As such, it’s critical to understand not only what constitutes these charges under Texas law, but also the potential defenses you may be able to use. If this reflects your circumstances, the following blog explores what you should know about these matters, including the importance of working with Houston domestic violence defense attorneys to explore your legal options.
What Does Texas Law Consider as Domestic Violence?
Under Texas law, family violence and domestic violence are interchangeable terms used to describe threats of or acts of physical violence against spouses, ex-spouses, co-parents, household members, and those with whom you are dating.
In most instances, acts of domestic violence are considered assault or aggravated assault. However, the penalties imposed by the court will often be much harsher than standard assault charges due to the intimate nature of the relationship between the parties.
Generally, any act of physical harm, an action that results in bodily injury, or threats of imminent harm are considered domestic violence. Due to the nature of emotional or psychological injuries, these are not typically the basis for a domestic violence charge.
What Penalties Can I Face if Convicted?
As mentioned, domestic violence charges are often considered much harsher under Texas Law because of the relationship between the parties. Generally, a simple assault charge is considered a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000. However, aggravated assault, such as an assault that involves a weapon or results in serious bodily harm, is a felony offense. This carries between two and twenty years in jail.
You can also face a felony for continued family violence if you are charged with multiple domestic violence offenses within one year.
What Defenses Might I Be Able to Utilize?
Domestic violence charges can not only result in jail time and hefty fines, but you’ll find that a conviction can turn your life upside down, as it can ruin relationships and make it difficult to find employment. As such, you may wonder what potential defenses may be applicable to your circumstances.
One of the most common defenses against these charges is that you were acting in self-defense. While many instances of assault may be considered “he said, she said” situations, you’ll find that you may be able to prove that your spouse was the aggressor and you took the necessary measures to protect yourself. For example, you may have injuries consistent with defensive wounds, or your attorney may be able to find inconsistencies in the alleged victims’ claims.
You may also be able to defend yourself against these charges by proving that the allegations against you are false. Unfortunately, because of the damage these allegations can cause, some people choose to raise false claims against someone, often for a better outcome in a divorce or child custody case. As such, you and your attorney may be able to gather evidence that undermines the validity of these claims to fight to show your innocence.
As you can see, domestic violence charges are not something that should be taken lightly in Texas due to the severity of the penalties you can face and the impact a conviction can have on your life. That is why it is in your best interest to connect with an experienced attorney with the Gonzalez Law Group if you are facing charges. Our team understands how difficult these matters can be to navigate, which is why we will do everything in our power to assist you. Contact us today to learn more.