Domestic violence is a serious concern in the State of Texas, and domestic violence charges reflect this fact. Domestic violence is often called family violence, and it includes dating violence.
Most domestic violence charges in Texas are misdemeanors, but the line between a misdemeanor and a felony domestic violence charge can be exceptionally fine, which makes better understanding the distinctions a good idea.
If you’re facing a domestic violence charge, don’t wait to discuss your case with an experienced Austin domestic violence attorney.
Domestic Violence Charges in Texas
Texas doesn’t have a specific domestic violence charge. Instead, the charge is included in the state’s assault laws. However, if the victim of the assault is a family member or household member, this relationship can increase the seriousness of the charge.
Assault charges break down into simple assault and aggravated assault.
The Charge of Simple Assault
When an individual either knowingly, intentionally, or recklessly causes someone else to suffer a physical injury, it is simple assault.
Simple assault also includes a credible threat to imminently cause someone else to be physically injured. In addition, when an individual comes into physical contact with someone else in a fashion that the perpetrator knows or reasonably should know will cause them to be offended or provoked, it also qualifies as simple assault.
The Charge of Aggravated Assault
An act of assault reaches the level of aggravated assault when there is an aggravating factor, such as the following:
The victim ends up suffering a serious injury.
During the commission of the assault, the perpetrator either displays or uses a deadly weapon.
It’s important to note that just about anything that can be used to harm another person can be classified as a deadly weapon. The legal definition of a deadly weapon in Texas is “a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” In other words, just about anything will suffice.
When the Charge of Domestic Violence Applies
When the person harmed by the alleged perpetrator fits into any of the following categories, the charge is domestic violence:
The current or former spouse of the perpetrator
A member of the perpetrator’s family
A current or former member of the perpetrator’s household
Someone who is related to the perpetrator by blood or by marriage, including in-laws
A current or former romantic partner of the perpetrator
Simple Assault that Is Domestic Violence
If the act of simple assault against a victim who qualifies under the domestic violence classification doesn’t suffer a serious physical injury, it is simple assault, and the charge is brought as a Class A misdemeanor. A conviction can mean from 180 days to a year in jail and fines of up to $4,000.
If the charge is not the perpetrator’s first, it can bypass the misdemeanor classification and can be elevated directly to a third-degree felony charge. A conviction will come with fines of up to $10,000 and a prison sentence of 2 to 10 years. These additional factors can also boost the charge beyond the level of a misdemeanor:
Causing the victim to credibly fear being seriously injured because of the assault
Strangling the victim
Assault charges involve a lot of factors that can quickly complicate your case. As such, it is always best to face assault charges with the help of an Austin criminal defense attorney.
Aggravated Assault that Is Domestic Violence
When there is an aggravating factor involved and the victim qualifies under the domestic violence parameters, the domestic violence charge becomes a second-degree felony.
Aggravating factors include using or displaying a deadly weapon or suffering a serious bodily injury. Serious bodily injuries in this context can include painful injuries like broken bones, permanent disfigurement or impairment, and loss of function of a bodily member or organ.
If convicted of a second-degree felony, it means spending 2 to 20 years in prison and fines of up to $10,000.
The Charge of Continuous Violence against the Family
If the perpetrator faces two domestic violence charges in the course of a twelve-month period, it can lead to a continuous violence against the family charge. This charge applies even if the prior offense didn't end in a conviction. The charge of continuous violence against the family is a third-degree felony that carries fines of up to $10,000 and a prison sentence of 2 to 10 years.
Continuous violence against the family is a serious charge with consequences that can potentially derail your life. As such, if you’re facing criminal assault charges, contact an Austin criminal defense attorney right away.
When the Charge Is a Misdemeanor
Many people believe a misdemeanor charge isn’t worthy of concern, but the ripple effects of a misdemeanor conviction can be exceptionally serious. To begin, you’ll have a criminal record, and your standing in the community can be seriously tarnished.
Ultimately, your legal record is a matter of public information, which means that anyone can look it up at any time. As such, a conviction can lead to the following consequences:
Difficulty finding work
Difficulty renting an apartment
Difficulty obtaining a home loan
The potential loss of your professional licensure
The inability to obtain a federal student loan
Even if the domestic violence charge you’re facing is a misdemeanor, taking the matter seriously from the outset is always the best plan.
Strangulation Requires Special Consideration
The risk associated with strangulation is so significant that the act of strangulation alone is considered an aggravating factor.
Strangulation is harshly punished because a victim can lose consciousness in the course of a few seconds when being strangled, and death can occur in the course of a few minutes. To make things that much more serious, the Texas Office of Court Administration reports that strangulation increases the risk that the assault will prove deadly by a factor of nearly 10.
No Physical Injuries? A Felony Charge Can Still Apply
Many people are under the impression that, in order to qualify as a felony, the act of domestic violence must cause the victim to suffer a physical injury, but this simply isn’t the case. While strangulation is a terrifying event that is almost certain to make the victim reasonably fear being seriously harmed, it doesn’t necessarily leave the person physically harmed – especially when the act is brief.
Offenders can also cross into felony territory when they employ any other means of leaving the victim in serious fear of being seriously injured. The same is true if the alleged perpetrator has a prior domestic violence charge on his or her record. If you have previous domestic violence convictions on your record, don’t face new charges without the guidance of an Austin defense attorney.
Stalking Can Also Be a Form of Domestic Violence
When a person who is being stalked qualifies under the domestic violence factors – including being a family member, a current or former household member, a relative, or a current or former intimate partner – the related charge is a form of domestic violence. In order for the act to be considered stalking, all of the following elements must be present:
The behavior focuses on a specific victim.
There is a pattern of behaviors.
The perpetrator knew or should have known that the conduct would leave the victim feeling threatened or harassed.
Stalking and Domestic Violence
When the person being stalked qualifies under domestic violence relationships, any of the following actions can lead to a criminal stalking charge:
Making the victim reasonably fear being seriously injured
Making the victim reasonably fear a family member, a member of their household, or a romantic partner would be seriously injured.
Making the victim reasonably fear their property would be damaged
Making the victim reasonably feel harassed, alarmed, tormented, annoyed, abused, offended, or embarrassed
The scope of stalking charges is broad.
Common Forms of Stalking
When we think of stalking, someone lurking in the shadows generally comes to mind, but the act of stalking can take a variety of forms that include all the following behaviors:
Observing the victim from far away – such as with binoculars or a high-powered camera
Hanging around places where the victim is expected to be, such as their place of work or a favorite coffee spot
Causing a pet of the victim to be harmed
Following the victim – or following family members or household members of the victim
Leaving or sending unwanted gifts to the victim
Secretly tracking the victim by using a GPS or any other form of technology
Bombarding the victim with phone calls, texts, letters, or electronic messages
Vandalizing property owned by the victim, including their car, home, or anything else
Habitually going where the victim tends to go when they tend to go there
If You’re Convicted of Stalking
Stalking charges usually rise to the level of a third-degree felony. This classification means that a conviction can leave you facing 2 to 10 years in prison and up to $10,000 in fines. However, if you have a prior stalking conviction on your record, you could face a second-degree felony charge, which bumps the prison time to 2 to 20 years with fines of up to $10,000.
FAQ about Domestic Violence Charges
If a domestic violence charge has been levied against you, you may have questions, and the answers to those asked most frequently may help. If you have questions related to your case, reach out to an Austin criminal defense attorney for answers.
When Does the Charge of Domestic Violence Apply?
In the State of Texas, domestic violence refers to knowingly, intentionally, or recklessly causing a family member, a current or former member of one’s household, or a current or former intimate partner to suffer bodily harm, to credibly fear suffering bodily harm, or to feel provoked or offended by the perpetrator’s actions.
What Distinguishes between a Misdemeanor Domestic Violence Charge and a Felony Domestic Violence Charge?
If the victim doesn’t suffer a physical injury and doesn’t credibly fear being seriously injured, the act will likely be charged as a Class A misdemeanor. However, if the victim was harmed or credibly feared being seriously harmed, if the perpetrator used or displayed a weapon, or if the perpetrator engaged in strangulation, the domestic violence charge will be elevated to a felony.
How Can I Defend Myself against a Domestic Violence Charge?
Domestic violence charges often boil down to one person's word against another's, and adequately defending yourself against the charge can be exceptionally challenging. The most important move you can make in the face of a domestic violence charge is consulting with a seasoned Austin domestic violence defense attorney.
Your skilled legal counsel will ably take on all the following primary tasks in pursuit of your case's best possible outcome:
Gathering all the available evidence, including the testimony of any eyewitnesses and everything the prosecution has in their possession
Building your strongest defense from the ground up
Negotiating with the prosecution in a focused effort to have the charge dropped completely, have the charge reduced, or make an advantageous plea bargain
Ensuring that you understand the legal process and make well-informed decisions that support your rights
Is Having an Attorney Really Necessary?
Without a skilled Austin domestic violence attorney in your corner, your rights hang in the balance, and your chances of achieving an optimal outcome are greatly reduced. If you’re facing a domestic violence charge, it’s always in your best interest to have a savvy domestic violence attorney on your side.
What If the Other Person Isn’t Harmed?
The victim of domestic violence does not have to be physically harmed for the charge of domestic violence to hold. In fact, if the victim can prove that they reasonably feared being seriously harmed or that a weapon was involved, the domestic violence charge can be a felony.
Make the Call to an Experienced Austin Domestic Violence Attorney Today
A domestic violence charge is a serious matter that can haunt your future, which makes bringing your strongest defense from the outset the best policy.
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Austin – is a formidable domestic violence defense attorney with a long and imposing track record of successfully guiding challenging cases toward optimal outcomes, and he’s here for you, too.
To learn more about what we can do to help you, please don’t hesitate to contact us online or call us at (254) 781-4222 today.