When you have been accused of domestic violence in Coppell, the consequences can be devastating. A conviction could haunt your life for years to come. Take steps to protect your future and dodge a conviction when you contact a Coppell domestic violence lawyer at the Law Offices of Randall B. Isenberg for help and support.
With our firm by your side, you can explore your defense options and take an active role in securing your liberties. Schedule your confidential consultation today and start working on your defense strategy.
What Is Domestic Violence Under Texas Law?
Texas Family Code § 71.004 defines domestic violence as the threat or act of committing a violent offense against any family or household member. It does not matter whether you have actually committed a violent act against them; what matters is that the threat to inflict harm occurred. With this in mind, the law defines family and household members as follows:
- Current or former spouses
- People you are or were formerly in a relationship with
- Any in-laws or blood relatives
- Your current or former roommates
- Stepparents, foster parents, co-parents, or biological parents
- Anyone you have had or have a family or domestic relationship with
When Can You Be Arrested for Domestic Violence?
You can be arrested and charged with domestic violence in several circumstances. The severity of the charges your face will depend on several factors, including whether someone was physically injured, the severity of those injuries, your prior criminal record, and the specific details of the incident in question.
Generally, threatening to commit an act of violence against a family member is considered a misdemeanor domestic violence charge. However, if a deadly weapon was used or the victim suffered a serious injury, your charges could be enhanced from a misdemeanor to a felony. This is especially true if the victim accuses you of assault, including strangulation, smothering, choking, or other violent acts.
You can also expect to face felony domestic violence charges if you are accused of threatening to harm or causing physical injury to a child.
What Happens When You Are Facing Domestic Violence Charges in Coppell?
Many people are surprised to find that domestic violence charges are unlike other criminal offenses in Coppell or across Texas. Unlike most criminal offenses, law enforcement officers are not required to have probable cause to arrest someone for domestic violence. In fact, police have the authority to arrest you if the victim recants, if there are no witnesses or evidence, or if there is no probable cause.
Common Types of Domestic Violence Charges and Penalties in Coppell
There are several types of domestic violence charges you could face in Coppell. The penalties of a domestic violence conviction vary depending on the type of domestic violence charge you are facing. Here are some of the possible types of domestic violence charges and the consequences associated with a conviction (per the Office of the Texas Attorney General):
- First-degree felony domestic violence convictions carry a prison term of up to 99 years and fines not to exceed $10,000.
- Second-degree felony domestic violence convictions carry a prison term of up to 20 years and fines not to exceed $10,000.
- Third-degree felony domestic violence convictions carry a prison term of up to 10 years and fines not to exceed $10,000.
- Class A misdemeanor domestic violence convictions carry a jail term of up to one year and fines not to exceed $4,000.
- Class C misdemeanor domestic violence convictions do not carry a jail term but require fines of up to $500.
Collateral Consequences of a Coppell Domestic Violence Conviction
Although the criminal penalties associated with a domestic violence conviction in Coppell can turn your life upside down, there are additional collateral consequences you can expect to face if you are convicted. Some of the more common collateral consequences associated with Coppell domestic violence convictions include:
- Loss of firearm rights
- Temporary loss of voting rights
- Child custody issues
- Suspension or revocation of your driver’s license
- Suspension or revocation of your professional licenses
- Trouble keeping a job
- Trouble finding new work
- Difficulty finding a place to live
- Citizenship or immigration issues
- Trouble maintaining relationships with family and friends
- Reputational damage
It is important to note that domestic violence convictions in Coppell are not eligible for expungement. This means if you are found guilty of domestic violence, it will remain on your criminal record for the rest of your life. This can have a devastating impact on your ability to put your past behind you and move forward with your life. For this reason, it is critical to do everything possible to avoid a Coppell domestic violence conviction.
How Can a Domestic Violence Attorney in Coppell Help You?
Many people hope to secure a pretrial diversion or plea agreement with the state’s prosecuting attorney to avoid a domestic violence conviction. However, many pretrial diversion programs are only eligible for first-time and non-violent offenses.
Since domestic violence is an inherently violent offense, the state’s prosecuting attorney may be unwilling to work with you to explore rehabilitative options. Instead, you will need to work with your attorney to prepare a compelling defense strategy. Some of the more common defenses used to challenge domestic violence charges in Coppell include:
- Mistake of fact
- Acting in defense of self, property, or others
- Police misconduct
- Illegal search and seizure
- Failure to read your Miranda warning
Only an in-depth review of the evidence against you in the details of your case will determine which defense strategy is most likely to result in an acquittal.
Get Help from a Coppell Domestic Violence Attorney Today
If you hope to avoid the fallout of a domestic violence conviction in Coppell, it is critical to present the most powerful defense strategy possible.
Working with a Coppell domestic violence lawyer at the Law Offices of Randall B. Isenberg could provide you with the legal guidance you need to determine how to best approach your defense strategy. Schedule your confidential consultation as soon as today by contacting our office.
