The Elements of a Domestic Assault Case in the State of Texas


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If you have been charged with domestic violence in Texas, the prosecutor in your case has a necessary burden of proof to establish. Domestic violence charges can apply to – in addition to one's spouse – anyone who is related to you by blood or by affinity (such as a foster child or a foster parent), anyone with whom you are in a romantic relationship (or with whom you had a romantic relationship in the past), or anyone with whom you currently reside. The consequences of a domestic violence charge – not to mention a conviction – are so consequential that working closely with an experienced criminal defense lawyer is critical.

The Key Elements of Your Case

For the prosecution to convict you of a domestic violence charge, the prosecution must prove that an assault took place against a person who meets one of the criteria above and that at least one of the following elements also applies:

  • You, as the defendant, intentionally, or recklessly, and your actions caused the other person to be physically harmed.
  • You, as the defendant, knowingly or intentionally credibly threatened the other person with imminent bodily harm.
  • You, as the defendant, knowingly or intentionally came into physical contact with the other person when you knew – or should have reasonably known – that the person would perceive it as either provocative or offensive.

Proving any one of these elements can be quite complicated. Just because you have been charged with domestic violence does not mean that you are guilty of the alleged crime, and bringing your most robust defense is paramount.

Your Defense

Every domestic violence case is unique to the individuals and the circumstances involved, and your case is no different. There are, however, several defense strategies that commonly apply, including:

  • The alleged incident did not take place in the first place, and no domestic violence occurred. False accusations have happened before.
  • The alleged domestic violence happened when you engaged in protecting yourself from impending violence (self-defense). You have the right to defend yourself, and the other person may have been injured in the course of that self-defense.
  • The alleged domestic violence was an accident or was unintentional on your part. Accidental injuries are not uncommon, especially when drinking is involved, or the surrounding terrain is especially treacherous.

Do Not Delay Consulting with an Experienced Lawyer

If you are facing domestic violence charges, it is a serious matter that can seriously affect your future, and that demands competent legal attention. Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a formidable criminal defense lawyer who is committed to bringing your strongest defense in support of your rights. Our dedicated legal team has the experience, fortitude, and considerable resources to help. Because your future is far too important to leave to chance, we encourage you to contact or call us at 254-501-4040 for more information today.

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