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Could You Be Charged With Domestic Violence?
Family violence is an authentic concern for too many Texas families, but if you’re charged with a domestic violence crime in or near Houston, you must schedule a consultation immediately to discuss your rights with a Houston domestic violence defense attorney.
In the State of Texas, crimes of domestic violence include dating violence, child abuse, and any other action taken against a family or household member if that action causes or threatens assault, sexual assault, physical injury, or bodily harm.
In 2022, more than two hundred Texans were killed by their intimate partners or by stalkers. Other victims included family members, friends, bystanders, and law enforcement officers. Fifty-one of those fatalities – almost twenty-five percent – happened in Harris County.
Who Are the Victims of Domestic Violence? Who Are the Perpetrators?
Under Texas state law, convictions for crimes of domestic violence – violent crimes committed against family and household members – are penalized more severely than identical crimes committed against other persons. The law in Texas defines family and household members as:
- current or former co-residents sharing a residence or cohabiting
- current or former dating or romantic partners
- foster parents and foster children
- divorced or married spouses
- a child’s parents, whether married, unmarried, divorced, or remarried
- relatives by marriage, blood, or adoption
How Are Domestic Violence Convictions Penalized?
In 2020, domestic assault and aggravated domestic assault were the most commonly reported crimes of domestic violence in Texas, accounting for over eighty-five percent of the reported crimes of domestic violence in this state. The penalties for domestic assault convictions are:
- If the victim suffers no injury, a first domestic assault offense is a Class C misdemeanor, punishable on conviction with a fine. If the victim suffers bodily injury, a first domestic assault offense is a Class A misdemeanor punishable on conviction with up to one year of jail time and up to a $4,000 fine.
- However, domestic assault is a felony charge if the defendant has a previous conviction for domestic assault or if the charge involves strangulation or suffocation. In these cases, a conviction may be penalized with a prolonged prison term of 2 to 10 years and a fine of up to $10,000.
- Aggravated domestic assault is a first-degree felony when a deadly weapon is used and a victim is injured. A conviction can mean life in prison. If the charge is a second-degree felony, an aggravated domestic assault conviction may mean prison from 2 to 20 years and a $10,000 fine.
Are There “Extra-Legal” Penalties for Domestic Violence Convictions?
Any criminal conviction in Texas establishes a criminal history that may make it difficult to find or hold employment, obtain housing, or qualify for a loan or for public benefits.
Additionally, a defendant who is convicted of a domestic violence charge – any domestic violence charge – automatically loses the right to own or possess a firearm. This ban is for life unless a court sets the conviction aside or expunges it or unless a full pardon is granted.
If you’re not a citizen of the United States, a conviction for a domestic violence crime may put you at risk for deportation and prompt a removal proceeding. If you hold a professional license, a conviction for domestic violence may trigger disciplinary action by your state licensing board.
How Should You Respond to a Domestic Violence Charge?
How can you effectively fight a domestic violence charge and avoid a conviction? In most cases, it isn’t easy, but to obtain a conviction, the state must prove a defendant’s guilt beyond any reasonable doubt, and in many cases of alleged domestic violence, that’s not easy either.
In or near the Houston area, if you’re charged with a domestic violence offense, you must be represented and advised – as quickly as possible – by a Houston domestic violence defense lawyer who has considerable experience handling domestic violence cases and jury trials.
After reviewing the details of the case, your Houston domestic violence defense attorney will develop an aggressive defense strategy. If you are not guilty, do not plead guilty or accept a plea deal. If the charge cannot be dropped or dismissed, fight for an acquittal with your lawyer’s help.
How Can You Help Your Attorney?
If you are prosecuted for a domestic violence crime, you can help your Houston domestic violence defense lawyer by heeding these recommendations:
- Avoid a confrontation with the alleged victim while the case is pending and obey all bond conditions and protective orders.
- Anything that you post online may be used against you. Avoid social media.
- Identify others who can speak on your behalf and vouch for your character.
How Will Your Case Be Resolved?
If the state’s evidence against you is overwhelming, the state may offer you a plea bargain. Accepting a plea bargain usually entails pleading guilty to a lesser charge in return for reduced or alternative sentencing. Discuss the pros and cons of any plea bargain offer with your attorney.
However, if you are not guilty, and if the case can’t be dropped or dismissed, you may insist on your right to a jury trial, where your defense attorney will cast doubt on the prosecution’s case, describe what actually occurred, and explain to the jurors why they should find you not guilty.
With approximately 25,000 lawyers practicing in Harris County alone, how can you locate an attorney who will make your defense a priority – an attorney who will fight seriously and effectively for the justice you need?
Take Your Domestic Violence Case to the Cory Roth Law Office
The Cory Roth Law Office fights aggressively for outcomes that allow our clients to avoid a domestic violence conviction and a permanent criminal record. You must reach out to a criminal defense lawyer at once if you’re charged with any domestic violence offense.
We know that police officers, prosecutors, alleged victims, and witnesses don’t always get it right, especially in domestic violence cases. If we agree to work together, the Cory Roth Law Office will immediately review the charge to find any weaknesses or flaws in the state’s case.
Houston defense attorney Cory Roth fearlessly stands up to overzealous prosecutors. Let him stand up for you. To learn more about your rights if you’ve been charged with a domestic violence crime, or to retain legal counsel now, call the Cory Roth Law Office at 832-400-4133.