Finding the most successful and effective defense against domestic violence charges in Texas can be a daunting task. Texas courts take any allegations of domestic violence very seriously, which is why it is imperative to seek help from a Florence criminal lawyer to identify the best defense strategies against domestic violence in your unique case.
Types of Domestic Violence Crimes in Texas
Depending on the severity of the offense, Texas Penal Code recognizes three different types of domestic violence crimes:
Domestic assault, which includes intentionally or knowingly causing bodily injury or threatening to cause bodily injury to another person.
Aggravated domestic assault, which includes intentionally or knowingly causing serious bodily injury to another or using/exhibiting a deadly weapon while assaulting the victim.
Continuous violence against the family, which is defined as assaulting family members at least twice in 12 months.
If you have been charged with any of these domestic violence offenses, speak with a skilled criminal defense lawyer immediately. You have no time to waste.
Why You Need to Defend Yourself Against Domestic Violence
The importance of defending yourself against domestic violence charges cannot be overstated. The penalties of a domestic violence conviction in Texas depend on the type of your offense:
Class A misdemeanor. You could face up to $4,000 in fines and/or a maximum jail sentence of one year.
Third-degree felony. This type of offense is punishable by up to $10,000 in fines and a maximum prison sentence of 10 years.
Second-degree felony. You could be sentenced to up to 20 years in prison and required to pay a maximum fine of $10,000.
First-degree felony. You could face up to $10,000 in fines and from five to 99 years of imprisonment.
In addition to the prison sentence and fines, people convicted of domestic violence may be required to pay restitution to the victim to reimburse for the medical expenses and other damages as a result of the crime.
Under certain circumstances, a person charged with domestic violence can receive deferred adjudication or community supervision as an alternative to serving a sentence in prison.
The best way to fight against domestic violence charges is to prepare a strong defense strategy. Below, we will discuss some of the best and most successful defenses against domestic violence charges in Texas. However, since each case is unique, it is vital to speak with a Florence criminal lawyer to identify the most effective defense strategy in your particular situation.
The Most Successful Defenses Against Domestic Violence in Texas
Depending on the facts and circumstances of your case, your criminal attorney may use one of the following defense strategies to defend you against domestic violence charges in Texas.
1. The accuser is lying
Unfortunately, many accusers lie that they were assaulted by their spouse or intimate partner. It is not uncommon for innocent people to face false allegations of domestic violence, especially in the middle of a divorce or child custody case. Some “victims” use domestic violence to get the upper hand against the accused.
Texas courts take any allegations of domestic violence very seriously, which is why you can be arrested for allegedly assaulting your spouse or partner even when you caused them no harm.
If you have been falsely accused of domestic violence, it is critical to contact a criminal defense lawyer as soon as possible. Your lawyer will be able to prove that the victim is lying because:
The accuser provided contradictory statements
There are inconsistencies in the accuser’s story
The accuser presented questionable evidence (or lack thereof)
The accuser’s injuries do not support the story (this may require a medical evaluation)
The accused or accuser was at another location at the time of the alleged violence
2. It was an accident
Sometimes, people may accidentally hurt their spouses or partners when they mean no harm. Under the Texas Penal Code, a person can be convicted of domestic violence when the person acted:
Thus, if you accidentally hurt your spouse or intimate partner and they accuse you of domestic violence, you may be able to successfully defend yourself. However, it is advisable to be represented by a skilled lawyer to help you prove that you had no intent to cause bodily injury to the accuser and you did not behave recklessly.
3. I was defending myself
You may be able to avoid a domestic violence conviction if your attorney can prove that you were acting in self-defense. To raise the “self-defense” defense, you фку required to prove that the accuser posed an imminent danger and you felt the need to protect yourself.
However, your argument that you acted in self-defense may not be successful if your use of force was disproportional to the threat. For example, you may not be able to successfully argue that you were acting in self-defense if you punched your spouse in the face after she slapped you.
In addition, you are more likely to successfully argue that you were trying to defend yourself if you can prove that your spouse or partner was trying to provoke you.
Speak with a Florence Criminal Lawyer Today
If you are facing domestic violence charges in Texas, do not hesitate to speak with a knowledgeable criminal lawyer as soon as possible. Domestic violence allegations are taken seriously by Texas courts, which is why you must act quickly to build a strong and effective defense strategy.
Our Florence criminal lawyers at The Law Office of Brett H. Pritchard will investigate your situation to determine the best defenses available in your case. We understand that you are concerned about your future and your freedom. That’s why we are committed to fighting for your rights.We are dedicated to providing comprehensive legal services and helping you explore your legal options. If you have been falsely accused of domestic violence or you otherwise do not agree with the allegations, you may be able to avoid a conviction. Schedule a free case review by calling 254-501-4040 today.