Texas lawmakers take family and domestic violence allegations seriously. If convicted of a related offense, it could mean a world of things for your future. A family and domestic violence conviction might:
- Cost you your freedom
- Negatively impact a background check
- Put current or potential employment at risk
- Damage your standing in your community
- Cause you to lose custody of your children
Law Offices of Randall B. Isenberg has resources and familiarity with local laws that may help build a defense that minimizes the devastating aftermath of these criminal charges. Do not wait to find out what a Lancaster family and domestic violence lawyer from our team might be able to do to help safeguard your good name, character, and reputation.
How We Can Build a Defense on Your Behalf
To make sure you are given a chance to tell your side of a family and domestic violence allegation, we listen to your story carefully. We may also use it and any police reports or witness statements to help you at trial.
We research the law and the circumstances of your arrest to:
- Determine there was probable cause for your arrest
- Arrange a plea bargain toward your long-term freedom
- Locate character witnesses
- Request bail
If your case goes to court, we will represent you and continue to fight for the best possible outcome.
We Have a History of Successfully Defending Our Clients
Do not face the future alone or without hope. As recently as January 2021, our criminal defense team has negotiated these favorable outcomes for clients facing similar charges:
- The reduction of assault to a Class C misdemeanor
- The dismissal of a harassment case
- Conditional dismissal of assault charges
Let our team build an evidence file that supports your right to maintain freedom and helps you fight back against these damaging criminal charges. When you are ready to safeguard your future, we are ready to help.
You Have Legal Rights that Cannot Be Violated
You may be tempted to speak up for yourself after an arrest. You may want to avoid doing so or answering any questions without a lawyer.
Once you request a lawyer, the police must stop questioning you immediately. They must also inform you of your rights. In addition to maintaining your silence, according to Texas Code of Criminal Procedure § 38.22, you are also entitled to:
- Knowing that anything you say or do might be used against you
- Having a lawyer with you during any subsequent questioning
- Requesting an immediate end to any questioning or interviewing
Our team will listen to your version of the events that led to your arrest, including how your arrest was conducted. If we determine that your rights were violated in any way, we may have leverage to help us negotiate having the charges against you reduced or dismissed. We may also be able to lessen the degree of penalties you might face.
Understanding Why Family or Domestic Violence Charges May Happen to You
After an incident with a family member or a roommate that you believe was nothing serious, you may shockingly receive accusations of domestic or family violence. You may not believe you did anything wrong, yet you now must figure out how to defend yourself.
It can be helpful to have an understanding of what can result in a domestic violence accusation in Texas. It is important to note that intentional or reckless actions on your part must occur to lead to a domestic violence charge. The following are forms of domestic violence:
Threats
If someone accuses you of threatening them with assault or with bodily injury, this can result in a domestic violence charge.
Physical Contact
If someone testifies that you made physical contact with them in an unwanted, offensive, or unwelcome manner, this could be domestic violence.
Assault
If someone accuses you of purposefully causing bodily injury to them, or if someone accuses you of acting in a reckless manner that leads to bodily injury for them, this can be domestic violence with assault.
Sexual Assault
When someone accuses you of committing a sexual act against them without their consent, you could receive an accusation of domestic violence with sexual assault. The sexual assault could involve sexual penetration, touching in a sexual manner, or a similar act.
Understanding Who Can Bring a Domestic or Family Violence Accusation Against You
To receive a charge of family or domestic violence, the threat or assault must occur against a certain type of person. This person must have some sort of relationship with you to lead to a family or domestic violence charge.
If the assault does not occur against any of the following types of people, you could receive a simple charge of assault, rather than a charge of domestic violence.
Family Member
Domestic or family violence against a family member could include a spouse, a child, a parent, a sibling, a grandparent, or another relative with whom you have a close relationship.
Partner
When a partner accuses you of domestic violence, this person could be a current spouse, a former spouse, an estranged spouse, a former or current dating partner, or another person with whom you have an intimate relationship.
Roommate
It is possible that a roommate could accuse you of domestic violence. Depending on the facts in the case, police may choose to bring a charge of domestic violence against you, or police may choose to bring a charge of simple assault.
Should I Worry About a False Domestic Violence Accusation?
You should not sit back and hope for the best if you receive an accusation of domestic violence that you believe is false. You need to defend yourself as hard as you can against this accusation, and our team is ready to help you.
Even if you know you did not do anything wrong, police may have enough evidence to justify bringing charges against you. You want to avoid having a case reach the point of the filing of formal charges, if possible. We will look for evidence to help you show that you did nothing wrong.
Avoid these Harsh Family and Domestic Violence Penalties
You do not have to face the penalties that accompany conviction on family and domestic violence charges without help. A lawyer at our firm may help you reduce the charges against you or arrange a plea agreement that lessens the severity of any penalties you face. If you were arrested in Lancaster, you may face the following penalties, according to the Texas Politics Project:
- First-degree felony: 5 years to 99 years in prison, plus a $10,000 fine
- Second-degree felony: 2 to 20 years in prison, plus a $10,000 fine
- Third-degree felony: 2 to 10 years in prison, plus a $10,000 fine
The financial penalties of these charges can be significant. In addition, you may also face long- and short-term separation from your friends, family, and loved ones. These separations from society may also cause you to lose your current employment and may make gaining later employment a challenge.
We may look for character witnesses, community service, and other evidence that attests to your integrity. Our team works hard to help you build a credible defense that helps you maintain your dignity and your freedom.
The State Must Move in a Timely Fashion
While fighting family and domestic violence charges might seem to take a significant amount of time, we understand the importance of putting these charges behind you and getting on with your life. The state has a limited time to charge you with any criminal offense. They must move according to a predefined timeline.
If the state does not move within legal timelines, we may be able to have charges against you dismissed. In addition to ensuring your arrest was valid, we also make sure the prosecutor acts in a timely fashion and in accordance with the statutes of limitations that govern your case.
Start Putting Your Life Back Together Today
Have you been charged with family or domestic violence in Lancaster? With more than 30 years of experience in a career as a former prosecutor and as a state district judge, Randall B Isenberg has what it takes to fight hard in your defense.
When you are ready to get your life back on track, a Lancaster family and domestic violence lawyer is ready to advocate for you. Contact the criminal defense team at Law Offices of Randall B. Isenberg by calling today.