A domestic violence case can be complex and highly emotional for everyone involved. If you’ve been charged with domestic violence, a Fort Bend assault lawyer can help you navigate the legal system and get the legal defense you are entitled to.
How a Fort Bend Assault Lawyer Can Help You With Your Domestic Violence Case
Whether you committed a crime or feel you were wrongly accused, a Fort Bend assault lawyer can analyze the facts of the case and provide you with legal advice so that you make an informed decision about how to proceed.
Your Fort Bend assault lawyer will investigate the facts of your case, examine the physical evidence and witness testimony and review your criminal and personal history when preparing your defense. Your Fort Bend assault attorneys will use this information to prepare a vigorous defense and advise you on any decisions you need to make, such as accepting plea deals.
Even if the person you are accused of assault does not want to press charges, the case may go forward because deciding whether to prosecute is determined by the prosecutor. Without a competent Fort Bend assault attorney, you are unlikely to be able to convince the prosecutor to dismiss the charges, even if they do not have a very strong case.
Definition of Domestic Violence
It’s important for anyone accused of a crime to completely understand the potential legal consequences and what they’re accused of. A domestic violence case lawyer Fort Bend can help explain the charges against you.
In Texas, domestic violence is prosecuted under the Penal code provisions for assault. It includes actual or threatened physical violence against people in certain types of relationships:
- Married couple
- Two people with one or more child in common
- Cohabitating couples
- Two people in a romantic relationship or former relationship
- People who were formerly married to one another
Domestic violence also includes some situations where one person is controlling another:
- Domestic abuse
- Battery, assault, or sexual assault
- Spousal abuse
- Elder abuse
- Child abuse
- False imprisonment
Domestic violence laws can be applied to situations involving foster parents and foster children, former spouses, and the children of former spouses. Domestic violence crimes include criminal threats, emotional abuse, punching, hitting, kicking, attacking with a weapon, and rape a spouse or child.
Domestic violence is classified as a first-degree felony aggravated domestic assault if it causes serious bodily injury or involves a weapon. If a defendant commits more than one domestic assault in 12 months, it is considered continuous violence against the family, a third-degree felony.
Consequences of Domestic Violence Case Convictions
A domestic violence conviction can have serious consequences. A Fort Bend assault lawyer can explain which consequences you are likely to face and help you determine whether to seek a plea bargain or take your case to court. The severity of the penalty depends on the type of violation and the criminal history of the defendant.
Misdemeanor offenses can result in $500 to $4,000 in fines and up to a year in jail. Felony convictions come with up to $10,000 in fines and 2 to 99 years in prison.
Violations that involve knowingly, intentionally, or recklessly interfering with normal breathing or blood circulation by covering the nose, mouth, or applying pressure to the throat are classified as felonies. Some types of misdemeanor offenses may become felonies if the person has been previously convicted of domestic violence.
In addition to facing prison time, a conviction, guilty plea, or deferred adjudication may result in losing your right to own firearms and ammunition legally. Additionally, it can result in loss of child custody rights, employment loss, and reputation loss. Immigrants may face the loss of immigration status and could be deported.
David Hunter is a former Texas judge who knows how to leverage his experience on both sides of the courtroom to get results. If you need a domestic violence case lawyer in Fulshear, Needville, Katy, or in any other area of the Fort Bend county, he is ready to put his 30 years of experience to work for you. Call us at (281) 417-3117 or contact us online to schedule a free consultation.