Domestic Violence Defense Attorneys

Know your rights…

Facing domestic violence charges in Ellis County, Texas, is a serious matter that necessitates a clear understanding of the legal definitions, potential penalties, and available defense strategies. Our experienced attorneys are dedicated to providing comprehensive defense services to those accused of such offenses.​

Defining Domestic and Family Violence in Texas

Under Texas law, “family violence” encompasses various acts committed by one family or household member against another, including:​

• Physical Harm: Acts intended to result in physical harm, bodily injury, assault, or sexual assault.​statutes.capitol.texas.gov+2statutes.capitol.texas.gov+2statutes.capitol.texas.gov+2

• Threats: Actions that reasonably place a member in fear of imminent physical harm, bodily injury, assault, or sexual assault.​statutes.capitol.texas.gov+1statutes.capitol.texas.gov+1

• Abuse Toward Certain Individuals: Including child abuse and dating violence.​

The term “family” includes individuals related by blood or marriage, former spouses, parents of the same child (regardless of marital status), foster parents and children, and members or former members of the same household.

Levels of Domestic Violence Charges and Associated Penalties

The severity of domestic violence charges in Texas depends on the nature of the offense and any prior convictions:

• Class C Misdemeanor: Involves threats of violence or offensive contact without causing bodily injury. Punishable by a fine of up to $500.​

• Class A Misdemeanor: Involves causing bodily injury to a family or household member. Punishable by up to one year in county jail and a fine of up to $4,000.​

• Third-Degree Felony: Applies if the accused has prior domestic violence convictions or if the offense involves impeding breathing or circulation (e.g., choking). Punishable by 2 to 10 years in prison and a fine of up to $10,000.​

• Second-Degree Felony: Involves aggravated assault causing serious bodily injury or use of a deadly weapon. Punishable by 2 to 20 years in prison and a fine of up to $10,000.​

For a detailed overview of these offenses, refer to Chapter 22 of the Texas Penal Code. ​statutes.capitol.texas.gov

Challenging Domestic Violence Charges: What to Expect

If you’re facing domestic violence charges, it’s crucial to understand the legal process and potential defense strategies:​

1. Immediate Legal Representation: Engage a knowledgeable defense attorney promptly to protect your rights and develop a tailored defense strategy.​

2. Understanding the Charges: Your attorney will explain the specific allegations, potential penalties, and the legal process ahead.​

3. Investigation: A thorough examination of the incident, including gathering evidence and interviewing witnesses, will be conducted to build your defense.​

4. Pre-Trial Motions: Your attorney may file motions to suppress improperly obtained evidence or to dismiss charges lacking sufficient legal basis.​

5. Negotiations: In some cases, negotiating plea agreements may be advantageous, potentially reducing charges or penalties.​

6. Trial Preparation and Defense: If the case proceeds to trial, your attorney will develop a compelling defense strategy, challenge the prosecution’s evidence, and advocate vigorously on your behalf.​

Avoid These Mistakes After a Family Violence Arrest in Texas

After an arrest for family violence, certain actions can significantly impact the outcome of your case:​

• Do Not Make Incriminating Statements: Exercise your right to remain silent. Anything you say can be used against you in court.​

• Avoid Contact with the Alleged Victim: Comply with any protective orders or bond conditions prohibiting contact. Violating these can lead to additional charges.​

• Do Not Destroy Evidence: Tampering with or destroying evidence can lead to obstruction of justice charges, complicating your defense.​

• Avoid Social Media Discussions: Refrain from discussing your case on social media platforms, as these statements can be used against you.​

• Seek Legal Counsel Immediately: Delaying legal representation can hinder your defense and limit your options.​

Conclusion

Facing domestic violence charges in Texas is a serious matter that demands immediate and informed action. Our dedicated team of defense attorneys in Ellis County is committed to providing the expertise and support you need to navigate this challenging time. Contact us today to ensure your rights are protected and to develop a strategic defense tailored to your unique situation.​

​Note: This information is for general purposes and should not be construed as legal advice. For guidance specific to your case, consult with a qualified attorney.