KATY DOMESTIC VIOLENCE LAWYER
Troubled relationships are not uncommon and one tragic consequence can be when an emotionally charged situation ends up in violence. Our society is rightly outraged by the crime itself. But our society–including prosecutors and juries–might wrongly leap to the wrong conclusion about the guilt of the defendant. A Katy domestic violence lawyer must be unyielding in the face of pressure and committed to giving their client the vigorous defense that fairness and justice demand.
Cory Roth Law Office was founded on the principle that defendants deserve the right to be believed. Simply being charged with a crime doesn’t mean you are guilty. From our Katy office, we serve clients throughout Fort Bend County and Harris County. Call today at (713) 322-5733 or contact us online to set up a consultation.
WHAT IS CONSIDERED DOMESTIC VIOLENCE IN TEXAS?
Assault and sex crimes are the common offenses associated with domestic violence. These are crimes regardless of who the victim is. What allows a crime to be considered domestic violence is the relationship between the victim and the defendant.
When the defendant is a spouse or ex-spouse of the victim, domestic violence charges can be filed. The same goes if the defendant and victim had a past or present romantic relationship. Children and foster children of defendants can be victims of domestic violence. The same goes for any relatives. And regardless of familial or romantic relationship, anyone living under the same roof as the defendant can be considered a victim of domestic violence.
Once a crime is classified as domestic violence, a prosecutor can seek to enhance the charges, meaning defendants may face stiffer penalties if they are convicted.
DOMESTIC VIOLENCE PENALTIES UNDER TEXAS LAW
Is domestic violence a felony in Texas? Not always.
The state of Texas has three different levels of misdemeanors. The charge of C misdemeanor is the lowest on the ladder and the maximum penalty is a $500 fine. Class A & B charges hold out at least the possibility of jail time.
There are also three degrees of felony charges. Once a charge becomes a felony there are minimum prison sentences attached to conviction. Even a 3rd-degree felony conviction can get a defendant a minimum of 2 years in prison. As prosecutors go further up the ladder, a 1st-degree felony has the possibility of life behind bars.
The broad range of possible penalties makes the quality of a Katy domestic violence lawyer more important. Even in cases where a defendant has large amounts of evidence against them, there is room for a firm and aggressive defense lawyer to negotiate and plea bargain. And when there is not compelling evidence, the broad range of penalties make it even more imperative that the defense attorney not flinch in seeking acquittal.
IS EMOTIONAL ABUSE DOMESTIC VIOLENCE IN TEXAS?
There are forms of emotional abuse, such as threats, which you can be charged for; however, not all of what can be considered emotional abuse is illegal.
Your defense lawyer must not only know Texas domestic violence laws, but they must also have a fighting spirit that won’t back down from prosecutors. Cory Roth Law office has both a deep background in law and the competitive nature that our clients rely on. Call our office at (713) 322-5733 or contact us online to set up a consultation.
DEFENSES AGAINST AN ASSAULT CHARGE
Every circumstance will be different and it’s up to the Katy assault attorney to do their due diligence in investigating the incident. Generally speaking though, defense strategies can include the following…
- Self-Defense: Texas law gives everyone the right of self-defense. The criteria is that the defendant must have been an imminent danger. The jury will decide if feeling danger was reasonable given the circumstances, and the assault an appropriate response. The right of self-defense extends to the right to defend one’s property.
- Mistaken Identity: This defense might apply in situations where crowds were involved, such as at a bar or major outdoor event. In our era of cellphone video, reliable DNA evidence and other means of identification, a diligent defense lawyer has ways of working with a client who is facing unjust accusations.
- Severity of the Injuries: In cases where the defendant is guilty of the assault, it’s still possible that injuries have been exaggerated, turning what should be simple assault into an aggravated assault charge. Getting charges reduced is first and foremost about the criminal penalties. But convictions on assault can be used as the basis for a civil lawsuit against the defendant.
Challenging the severity of injuries up front in the criminal justice process can make the difference in potential damage awards in civil court.
Cory Roth Law Office is there for defendants no matter what. The promise of the American justice system is that everyone deserves a fair trial and to us, fairness means a truly aggressive and vigorous defense on behalf of every client who comes through our door.
Call today at (713) 322-5733 or contact us online to set up a consultation.
MEET YOUR ADVOCATE
ATTORNEY & FOUNDER
My name is Cory Roth, and it would be my great honor, privilege, and responsibility to be your attorney. While the previous statement is true, it is cliché; it is something every lawyer will say. I know you have choices when it comes to picking a lawyer, so I want to tell you what sets me apart. First and foremost, I don’t trust the government and neither should you. I have learned in short time that prosecutors don’t like to work, and many of them don’t tell the truth. Therefore, it is my job to not accept anything that police, …
WHY CHOOSE ATTORNEY ROTH?
YOUR DEFENSE CAN MAKE THE DIFFERENCE
A REPUTATION FOR BEING A FEARLESS FIGHTER ON BEHALF OF THE ACCUSED
QUALIFIED GUIDANCE FROM AN EXPERIENCED ATTORNEY FROM START TO FINISH
DIRECT ACCESS TO AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY THROUGHOUT YOUR CASE
A CREATIVE APPROACH TO FINDING PERSONALIZED SOLUTIONS IN EACH CASE
AN UNWAVERING DRIVE TO ACHIEVE THE BEST POSSIBLE RESULTS FOR OUR CLIENTS
A PROVEN RECORD OF ACHIEVING SUCCESSFUL RESULTS FOR PAST CLIENTS