Houston Domestic Violence Defense Attorneys

Types of Domestic Violence Offenses

Assault of a Family or Household Member

Under Texas Penal Code (PC) § 22.01, assault is the act of intentionally, knowingly, or recklessly threatening or causing bodily injury to another, including the person’s spouse. This crime is typically a Class A misdemeanor, but can be escalated to felony charges if the alleged victim is a public servant, government employee, emergency services personnel, hospital worker, pregnant individual, and other specific circumstances. 

Aggravated Assault 

Aggravated assault involves additional factors, such as the use of a deadly weapon during the commission of the assault against a partner, spouse, or household member. This crime constitutes second or third-degree felony charges under PC § 22.02. 

Continuous Violence Against the Family

“Continuous violence against the family” is a crime under PC § 25.11. This offense is defined as committing two or more assaults against a family or household member within 12 months. No arrest or conviction is required for the prior acts to count against you, making it crucial to secure a strong defense as quickly as possible.

Violation of a Protective Order

If a person contacts or approaches a spouse, partner, or other household member who is under the protection of a court order, they can face criminal charges even if no violence occurred (PC § 25.07). This offense is typically charged as a Class A misdemeanor, but may be elevated to felony charges in certain circumstances. 

Stalking

Stalking refers to repeated behavior that causes the victim to feel harassed, threatened, or fearful, such as following, calling, or monitoring. This domestic violence offense is often committed against a member of the person’s family or household and constitutes third-degree felony charges under PC § 42.072.

Interference with Emergency Request for Assistance

Knowingly preventing or interfering with a person’s ability to place an emergency call or request emergency assistance constitutes misdemeanor charges or a state jail felony, depending on whether the person has prior convictions (PC § 42.062). 

Sexual Assault

Under PC § 22.011, sexual assault is a felony offense that occurs when a person intentionally or knowingly causes another person to engage in sexual activity without their consent, such as a spouse, partner, or family member. This act is considered both a sexual offense and a form of family violence under state law.

When Is Domestic Violence a Felony? 

Under state law, domestic violence can be charged as a felony in certain circumstances. Some of the key situations where domestic violence may result in felony charges include:

• Repeat offenses. If you have prior convictions for domestic violence, you may face enhanced felony charges for any subsequent offenses.
• Aggravated assault. If the alleged offense involves serious bodily injury or the use of a deadly weapon, it may be charged as a felony.
• Strangulation or choking. Assault offenses involving choking or strangulation are often charged as felonies.
• Offenses against certain victims. If the alleged act of violence is committed against a child, an elderly individual, or a person with a disability, the charges may be elevated to a felony.

Whether you’re a first-time offender or have prior convictions, securing a robust defense is critical to protecting your life and liberty. Our firm has proven results and experience in defending Texans against all types of domestic violence charges, making us well-equipped to protect your future. 

What Are the Penalties for a Domestic Violence Conviction?

A domestic violence conviction is punishable by severe penalties. The exact outcome depends on the type and severity of the offense, the defendant’s criminal history, and other unique factors. 

Keep in mind that the consequences of domestic violence aren’t limited to fines and imprisonment. A conviction can also result in a permanent criminal record, loss of firearm ownership rights, and restricted access to affordable housing and employment opportunities, making it crucial to consult a trusted defense lawyer as soon as possible.

Below is a brief overview of common domestic violence offenses and their associated penalties: 

Class C Misdemeanor

This applies to threats or offensive physical contact without causing significant harm to the victim. A conviction carries a fine of $500. 

Class A Misdemeanor

Domestic violence resulting in bodily injury is punishable by up to one year in jail and $4,000 in fines. 

Third-Degree Felony

Repeated offenses or violence involving strangulation can result in 2-10 years in prison and up to $10,000 in fines.

Second-Degree Felony

Aggravated assault can result in second-degree felony charges punishable by 2-20 years in prison and up to $10,000 in fines. 

First-Degree Felony

Causing severe bodily harm or using a deadly weapon constitutes a first-degree felony punishable by 5-99 years in prison and up to $10,000 in fines. 

Defending Against Domestic Violence Charges

Defending against domestic violence charges can be daunting, but you’re not alone. A skilled defense attorney can review your case with a practiced legal eye and determine an effective defense strategy to employ on your behalf. Common defenses against domestic violence include: 

• Self-defense. If you acted in self-defense or in defense of others, we can fight to dismiss the charges by establishing that your response was reasonable and necessary to an immediate threat of harm. 
• Insufficient evidence. The prosecution must prove your guilt beyond a reasonable doubt to convict you. We can challenge the sufficiency or credibility of the evidence against you to dismiss or reduce the charges. 
• False allegations. Some domestic violence allegations arise due to ulterior motives, such as revenge, spite, or custody disputes. We can conduct a thorough investigation to uncover inconsistencies and present evidence of false claims.
• Accidental injury. Domestic violence is committed intentionally, knowingly, or recklessly. If the alleged act was unintentional and resulted in accidental harm, we can advocate for dismissed charges due to lack of intent. 
• Constitutional violations. If your arrest involved procedural errors, such as unlawful searches and seizures, any resulting evidence cannot be used against you in court. If your constitutional rights were violated, we can work diligently to dismiss inadmissible evidence from your case.