How to Beat a Domestic Violence Charge in Texas

Feb 28, 2023

beat texas domestic violence charge

If you are facing domestic violence charges in the Austin area, you are likely wondering how to beat a domestic violence charge in Texas. You probably understand that a domestic violence conviction will be on your permanent criminal record, becoming problematic when it comes to your future. Regardless of the specific circumstances of your situation, once you have been arrested and charged with a family violence crime in South Texas, you could face imprisonment, fines, and other punishments upon conviction. To fight the charges against you, it is important that you secure the services of a reputable and experienced attorney who understands the ins and outs of Texas domestic violence laws.

 

DEFINING DOMESTIC VIOLENCE

Domestic violence is referred to as family violence in Texas. It is addressed as a crime under Texas assault statutes. The Texas Family Code §71.004 defines family violence thusly:

 

(1)  an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;

 

(2)  abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or

 

(3)  dating violence, as that term is defined by Section 71.0021.

 

The penalties for a family violence conviction will depend upon several varying factors, such as if the victim suffered a serious bodily injury, the prior criminal history of the defendant, etc. Further, the criminal sentence could be subject to additional penalties and restrictions in cases where there is a record of a prior assault.  

 

POSSIBLE DOMESTIC VIOLENCE FELONY PENALTIES

  • Domestic Violence 3rd Degree felony domestic assault can include prison time of 2 to 10 years and a fine of up to $10,000.
  • Domestic Violence 2nd Degree felony domestic assault can include prison time of 2 to 20 years and a fine of up to $10,000.
  • Domestic Violence 1st Degree felony aggravated domestic assault can include prison time of 5 to 99 years and a fine of up to $10,000.

 

Note that the alleged victim of family violence will often seek a Protective Order against the accused. A Protective Order can be issued by the court to protect a victim of family violence from the person who has been accused of violence/threatening violence. If the accused violates the order, he or she could be charged with burglary on top of the family violence charge; it can be combined into an elevated charge known as Burglary Assault.

 

BEAT DOMESTIC VIOLENCE CHARGES

With assistance from a competent domestic violence lawyer, it is possible to beat the charges through the use of targeted defense strategies. Your attorney will contest the allegations; he will build a defense that could lead to a dismissal of the charges or yield an acquittal at trial. He will use one or more strategies to fight on your behalf.

 

If you need a skilled and experienced domestic violence attorney in Austin, Texas, or the surrounding area, reach out to Brain Erskine of Erskine Law. He is the caring and competent attorney to have on your side when it comes to getting the professional legal representation and guidance you need to overcome domestic violence charges in Texas. Contact Erskine Law today for a free consultation about your case.