https://traviscountycriminalattorney.com/2024/12/07/charges-for-domestic-violence-in-texas/
Charges For Domestic Violence In Texas. Domestic violence is a serious offense in the state of Texas, with significant legal and social consequences. Recognized under Texas law as “family violence,” these charges can impact individuals’ lives, relationships, and future opportunities. Understanding how Texas defines domestic violence, the legal consequences, and common defenses is essential for anyone involved in such cases, whether as a defendant or a victim.
Defining Domestic Violence Under Texas Penal Code
Texas Penal Code § 71.004 defines domestic violence (family violence) as any act by one family member or household member against another that is intended to result in physical harm, bodily injury, assault, or sexual assault. It also includes threats of imminent harm or assault that reasonably place the victim in fear of danger. The statute applies broadly to:
– Spouses or former spouses
– Blood relatives
– Individuals in a dating relationship
– Co-parents, regardless of marital status
– Individuals living together in the same household
Categories of Domestic Violence
Domestic violence in Texas generally falls into three main categories:
Domestic Assault: Involves causing bodily injury, threatening harm, or making physical contact in a provocative or offensive way. Even minor injuries or credible threats can lead to charges.
Aggravated Domestic Assault: This occurs when the act involves serious bodily injury or the use of a deadly weapon. The severity of this charge reflects the potential for life-threatening harm.
Continuous Violence Against the Family: This charge applies when an individual commits two or more acts of domestic violence within a 12-month period, even if the incidents involve different victims.
Legal Consequences of Domestic Violence Charges
Domestic violence charges in Texas can carry severe penalties, which vary depending on the nature of the offense and the defendant’s criminal history.
Misdemeanor Domestic Assault
– Class C Misdemeanor: Threats of harm or provocative physical contact without injury. Penalty: Fine of up to $500.
– Class A Misdemeanor: Assault causing bodily injury. Penalty: Up to one year in jail and/or a fine of up to $4,000.
Felony Domestic Assault
– Third-Degree Felony: Assault involving strangulation or a prior domestic violence conviction. Penalty: 2 to 10 years in prison and fines up to $10,000.
– Second-Degree Felony: Aggravated domestic assault causing serious injury. Penalty: 2 to 20 years in prison and fines up to $10,000.
– First-Degree Felony: Aggravated domestic assault with extreme harm or use of a deadly weapon. Penalty: 5 to 99 years or life in prison and fines up to $10,000.
Continuous Violence Against the Family
This charge is a third-degree felony with penalties of 2 to 10 years in prison and up to $10,000 in fines.
Additional Consequences
Beyond fines and imprisonment, domestic violence convictions carry collateral consequences, including:
– Protective Orders: Courts often issue restraining orders prohibiting the defendant from contacting the victim.
– Child Custody Impact: Convictions can influence custody and visitation rights, often resulting in restrictions or loss of custody.
– Employment Challenges: A domestic violence conviction can make it difficult to secure employment, especially in fields requiring background checks.
– Loss of Gun Rights: Federal law prohibits individuals convicted of domestic violence misdemeanors or felonies from owning or possessing firearms.
Common Legal Defenses for Domestic Violence Charges
Given the severe penalties associated with domestic violence charges, defendants often rely on legal defenses to challenge the accusations. Common defenses include:
One of the most frequently used defenses, self-defense involves arguing that the defendant’s actions were necessary to protect themselves from imminent harm. Texas law allows individuals to use reasonable force to defend themselves, provided they were not the initial aggressor.
Similar to self-defense, this defense asserts that the defendant’s actions were taken to protect another person, such as a child or family member, from immediate harm.
In some cases, individuals may make false accusations of domestic violence out of anger, revenge, or during contentious divorce or custody battles. The defense would involve gathering evidence, such as text messages, witness testimony, or inconsistencies in the accuser’s story, to disprove the allegations.
Domestic violence cases often rely on physical evidence, such as injuries, police reports, or witness statements. A defense strategy may involve demonstrating that the prosecution lacks sufficient evidence to prove guilt beyond a reasonable doubt.
If the injury occurred accidentally and without intent, the defendant might argue that their actions do not meet the legal definition of domestic violence.
In rare situations, the alleged victim may have consented to the actions, particularly in cases involving mutual physical altercations. This defense can be challenging but may apply in specific circumstances.
Seeking Legal Representation
Domestic violence cases are complex and emotionally charged, often involving conflicting narratives and high stakes. If you are facing domestic violence charges or are a victim seeking justice, consulting an experienced criminal defense attorney or family law attorney is critical. Legal counsel can help navigate the intricacies of Texas law, build a strong defense, or advocate for protection and justice.
Domestic violence is a grave issue in Texas, with far-reaching legal and social consequences. The state’s laws are designed to protect victims while providing mechanisms for fair legal defense. Whether you are an accused individual or a victim, understanding the definitions, penalties, and legal defenses associated with domestic violence is vital. For defendants, mounting a strong defense with the help of an experienced attorney can be the key to safeguarding your rights and future.