An accusation or charge of domestic abuse is a serious one, and you need to think seriously about how you are going to defend yourself. Fortunately, you do not need to face the legal system alone. Instead, call the Law Offices of Randall B. Isenberg at (214) 696-9253 and learn more about what our Frisco domestic abuse lawyers can do for you.
Randall B. Isenberg has more than three decades of experience both as a prosecutor and judge. Let our law firm put our experience to work for you.
Types of Domestic Violence Crimes
There are multiple domestic abuse crimes with which the state of Texas can decide to charge someone. The most common charges are:
Domestic Assault
Texas Penal Code §22.01 defines assault in a few different ways. If you knowingly, recklessly, or intentionally cause bodily harm to someone, that is assault. If you threaten someone with bodily harm, that can also be considered assault. Finally, if you make physical contact with someone while knowing that said contact is going to provoke or otherwise offend the other party, that can also result in an assault charge.
Assault is generally a Class A misdemeanor, but domestic assault often becomes a felony and can result in harsher penalties. Domestic assault involves the assault of someone who is considered family. Victims can include children, spouses, former spouses, and other people who share your home.
Aggravated Domestic Assault
A domestic assault charge can become an aggravated domestic assault charge based on a few different factors: the severity of the injuries inflicted, the use of a weapon, and previous charges.
Continuous Violence Against the Family
This charge is a third-degree felony, and it is leveled at anyone who has committed two domestic assaults in a twelve-month period. A continuous violence against the family charge can be filed even if there are two different victims.
Potential Legal Consequences
In accordance with Texas Penal Code §12.21, there are different punishments for misdemeanors and felonies of various levels. Depending on how you are charged, potential legal consequences can include:
Fines: many domestic abuse charges carry fines. A Class A misdemeanor can be punished with a fine of up to $4,000, but that number can rise if your domestic abuse charge is a felony. A second-degree or third-degree felony charge, for example, can be punished with a fine of up to $10,000.
Jail time: a domestic abuse charge can also result in jail time. A Class A misdemeanor can mean up to a year in jail. A third-degree felony conviction can result in a prison sentence between two and ten years. A second-degree felony can carry a 20-year prison sentence, while first-degree punishment can be a life sentence. Keep in mind that punishment can include both jail time and fines.
Restitution: in some cases, a person charged with domestic assault could be made to pay restitution to their victims.
Probation: a probation sentence is also a possible alternative to a longer prison sentence. Often, such a sentence will require a small amount of jail time—30 to 180 days—, and the successful completion of probation and other conditions set by the court. Failure to meet these conditions could mean more jail time.
These are serious charges and serious consequences. You can call the Law Offices of Randall B. Isenberg at (214) 696-9253 to learn more about how a Frisco domestic abuse lawyer can aid in your defense.
Why You Should Hire a Lawyer
If you decide to hire a lawyer, expect them to:
Formulate Your Defense
Your lawyer will defend you in court and make legal arguments on your behalf. They will do their best to show that you are not guilty and that you should be acquitted of the charges against you. A lawyer can also put forth an affirmative defense that justifies your actions, or they may consider arguing that you acted in self-defense. Your attorney will consider all factors in the case and decide on the course of action that best protects your rights.
Gather Counterevidence
One key way a lawyer will assist in your defense is by gathering what is known as counterevidence. You are being charged because there is evidence against you. Your lawyer will gather their own evidence that contradicts the evidence that is being used to build the prosecutor’s case. Your lawyer may also be able to show that the evidence being used against you was not obtained legally or through the proper channels, rendering it unusable in court.
Help with Your Record
If possible, a lawyer will help you expunge the domestic assault charge from your record, giving you a fresh start and making it easier to move on with your life.
Evaluate Plea Deals
If it looks like you may be found guilty of a crime, you may be offered a plea deal. A lawyer can look over such agreements and negotiate with the prosecution to potentially get you a better offer. Even in cases that will not be won, a lawyer is able to look out for your best interests.
Call for Your Free Consultation
A Frisco domestic abuse lawyer can work to clear your name and help you defend yourself from these charges. If you want to learn more about what an attorney can do to assist you, call the Law Offices of Randall B. Isenberg at (214) 696-9253. A free consultation will let you know more about your legal options and help you move forward with your defense.
