Domestic violence is a serious issue in Texas, and you must understand the legal consequences if you find yourself facing charges. Felony domestic violence charges carry particularly severe penalties with a lasting impact on your life.
If you're in this situation, seek the help of an experienced Texas domestic violence lawyer who can protect your rights and build a strong defense on your behalf.
What Constitutes Domestic Violence in Texas?
In Texas, domestic violence is referred to as family violence and encompasses a wide range of actions that cause harm or threaten harm against a family or household member.
This can include physical harm, bodily injury, assault, sexual assault, or even threats that put the victim in fear of imminent harm. Psychological harm, such as intimidation or coercion, can also fall under the umbrella of domestic violence.
Who Can Suffer From Domestic Violence?
Victims of domestic violence are not limited to spouses or partners.
Texas law recognizes a broad definition of family and household members, including individuals related by blood, marriage, or adoption, those living together, people who have a child, and even those in current or past dating relationships.
This means that domestic violence charges can arise from incidents involving a wide range of relationships.
Types of Domestic Violence Offenses in Texas
Texas law recognizes three main categories of domestic violence offenses, each with varying levels of severity.
Domestic assault is the most basic form of family violence and occurs when someone intentionally, knowingly, or recklessly causes bodily injury to a family or household member, threatens them with imminent bodily injury, or engages in physical contact that they know or should reasonably believe the victim will find provocative or offensive.
Aggravated domestic assault, a more severe form of domestic assault, is always classified as a felony. It involves causing serious bodily injury to a family or household member or using or exhibiting a deadly weapon during the assault.
Continuous violence against the family is a unique and particularly serious offense that applies when an individual commits two or more acts of domestic assault within 12 months against a family or household member. Importantly, these incidents do not need to involve the same victim, and the prosecution only needs to prove that multiple acts of violence occurred, not the specific details of each incident.
When Does Domestic Violence Become a Felony in Texas?
While a first-time domestic assault offense is typically charged as a Class A misdemeanor, several circumstances can elevate the charge to a felony.
If you have a previous conviction or have been placed on probation or deferred adjudication for domestic violence assault, a subsequent offense will be charged as a third-degree felony, known as "Assault Bodily Injury – Family Member with Prior." This carries a potential sentence of 2 to 10 years in prison and a fine of up to $10,000.
Aggravated domestic assault is always a felony. If the assault results in serious bodily injury or involves the use of a deadly weapon, prosecutors can charge it as a first-degree felony, punishable by 5 to 99 years or life in prison, along with a maximum fine of $10,000.
Domestic assault impeding breath, also known as "Assault Bodily Injury – Family Member Impeding Breath" or "Assault by Choking," occurs when someone intentionally or knowingly contacts another person and impedes their breathing in the process.
This third-degree felony is punishable by 2 to 10 years in prison and a fine of up to $10,000.
The prosecution must prove beyond a reasonable doubt that the victim could not breathe due to the accused's conduct.
When someone is charged with committing two domestic assaults within a 12-month period against a family or household member, it's considered continuous violence against the family.
This third-degree felony is punishable by up to 10 years in prison and a $10,000 fine. Notably, the two assaults can involve different victims and do not need to have led to arrests or convictions.
What Are the Potential Defenses Against Felony Domestic Violence Charges?
If you're facing felony domestic violence charges, your Texas criminal defense lawyer will explore various defense strategies based on the unique circumstances of your case.
The prosecution must prove that your actions caused physical pain to the alleged victim. Without photos, medical records, or other objective evidence of injury, the case may rely heavily on the victim's word, which can be challenged.
Domestic violence charges require proof that you acted intentionally or knowingly. Your lawyer may argue that you lacked the necessary criminal intent if the injury was accidental or unintentional.
If the alleged victim provides information suggesting that a crime may not have occurred, your attorney can use an affidavit of non-prosecution to establish reasonable doubt and negotiate a more favorable outcome.
Your lawyer will scrutinize the alleged victim's statement for inconsistencies or motives to lie, such as ongoing child custody battles or attempts to gain immigration status as a victim.
If you reasonably believed that you or someone else was facing imminent harm, your actions may be justified as self-defense or defense of others.
Your attorney can challenge the credibility of the accuser and present evidence to counter false or exaggerated allegations. If there's doubt about your identity as the perpetrator, a mistaken identity defense may apply.
Your lawyer may also challenge the reliability of the prosecution's evidence or argue that your constitutional rights were violated during the arrest or investigation, potentially leading to the suppression of evidence or dismissal of charges.
A Texas Criminal Defense Lawyer Can Help with Felony Domestic Violence Charges
Felony domestic violence charges in Texas are serious matters that require immediate attention and a strong legal defense.
If you find yourself in this situation, don't hesitate to reach out to an experienced Texas criminal defense lawyer who can fight for your rights and work towards the best possible outcome in your case.
Remember, you have the right to legal representation, and having a skilled attorney by your side can make all the difference in your case.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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