Domestic violence – or family violence, as it is called in Texas – encompasses many types of offenses of varying severity. You could face thousands of dollars in fines and a hefty prison sentence if convicted. You could also lose your reputation and derail your career.
A Duncanville family and domestic violence lawyer wants to help you build a defense against your charges. This article will tell you what our defense firm can do and what types of penalties we can help protect you from
How Our Law Firm Can Help You Figure Out What to Do Next
If you are looking for a lawyer who serves Duncanville, the Law Offices of Randall B. Isenberg can help. Our callers receive a no-cost case evaluation from a member of our team. In addition, a team member will explain what we can do in your case, specifically.
Once on the case, a family and domestic violence attorney in Duncanville from our firm will:
- Figure out the best course of action: Your lawyer can go over all of your options, their benefits and drawbacks, and which option may be best for you.
- Seek out evidence: This may include looking at police records, witness statements, or anything else that could prove your innocence or introduce doubt into a jury’s mind.
- Go to court: Instead of representing yourself at your trial, let your lawyer represent you and do the hard work of questioning witnesses, arguing before a jury, and so on.
- Bargain with the judge: We might be able to get your charges reduced (e.g., from a felony to a misdemeanor) or dismissed. As a result, you may not have to go to jail, or your jail time may be reduced significantly. You may also have your fines dropped or reduced.
- Address your concerns: Being charged with any crime is an upsetting and sometimes overwhelming experience. However, our legal team will be there to answer your questions and make sure you are as comfortable as possible with the proceedings.
Potential Defenses to Your Domestic Violence Charges
We understand you have your view of the incident that transpired, and you will be able to explain this view to your lawyer. However, this view is not necessarily an adequate defense. Your lawyer will help you develop a strong legal defense, such as:
- A false allegation: Sometimes, an alleged victim makes a false accusation against another person. For instance, an alleged victim may make a false accusation against their spouse in order to punish the spouse and gain leverage during their divorce. In your case, if the alleged victim made a false accusation against you, this may serve as your defense.
- An accident: The alleged victim’s injuries may be the result of an accident or their own negligence. In such a case, you may not be held liable for their injuries.
- Self-defense: If you were physically attacked or believed you were in danger of being physically harmed, you may have defended yourself. You have the right to defend yourself in such situations. In addition, the judge and jury may be less likely to convict you if they understand the alleged victim’s actions initiated the incident.
- Defending another person: Your incident may have been initiated by the alleged victim attacking someone else, like your child.
- Lack of evidence: The judge and jury may not be able to convict you if there is not enough proof of your alleged offense or that your actions resulted in injuries.
Evidence in Domestic Violence Cases
It can be difficult for law enforcement and a court to determine what happened during an alleged domestic violence incident and whether the alleged offender’s actions constitute domestic violence. However, there may be a lot of evidence to support your view of the incident and your case.
Some kinds of evidence in your case may be pictures, text messages, witness testimonies, and police records. Certain types of evidence may not be easy to obtain or permitted in court, but your lawyer will still seek out any evidence to support your view and your case.
Penalties You May Face if Convicted of Domestic Violence
What types of penalties will you face if convicted of family violence? This depends on a number of factors, such as:
- Whether or not it is your first offense
- Whether you are charged with a misdemeanor or a felony
- Whether there are other mitigating circumstances (e.g., additional charges)
Immediate Consequences
Many types of family violence are classified as assault under Texas Penal Code §22. Assault charges may be categorized as a misdemeanor or a felony. The categorization of your charge will determine the severity of the penalties you receive. These penalties may include:
- Fines: A family violence fine could cost as much as $10,000.
- Jail or prison time: You could spend anywhere from a few months in jail to decades or a lifetime in prison, depending on your case.
As a general rule, the more convictions you have, the more serious the penalties are. You may also be the subject of a protective order, as discussed in Texas Family Code §85.022. If the accuser convinces a judge that you are an imminent threat to their safety, you could be compelled to:
- Stop communicating with the accuser, directly or indirectly
- Avoid places the accuser visits or lives
- Attend a counseling or prevention program
- Surrender your firearms
Violating a protective order is a crime. If convicted, you may be jailed and/or fined, so do not attempt to violate the order for any reason. Instead, contact an attorney to discuss your rights in this situation.
Long-Term Consequences
All of the penalties we mentioned can be scary and life-changing. They can impact other areas of your life, both now and in the future. After a conviction, you may find it more difficult to:
- Keep your job: A jail term of any length or even the nature of the charge itself may prompt your employer to fire you.
- Find a job: Individuals with criminal records may have trouble finding good jobs even if they are not guilty of the crime they were convicted of.
- Find a place to live: If you live in the same place as the accuser, a protective order could force you to move. Additionally, a criminal record could dissuade a landlord from renting to you.
- Socialize: Acquaintances, friends, and relatives may be reluctant to spend time with you. Some may even be outright hostile.
- Exercise your rights: A felony conviction could permanently take away certain rights, such as your right to vote, run for office, and own a gun.
The prospect of having to live with these consequences is enough to unsettle anyone. This is why hiring a family violence attorney from our firm is a good idea. We offer a much-needed neutral perspective that you may not be able to get on your own.
Family Violence Can Take Many Forms
Family violence is defined in Texas Family Code §71. Examples of behavior classified as family violence include, among other things:
- Giving a child drugs or alcohol
- Sexually exploiting a child
- Committing sexual assault
- Causing bodily harm
- Attempting any of the above
- Threatening any of the above
Anyone classified as “family” or a “member of the household” may bring family violence charges. In addition, you do not have to be related by blood to be accused of family violence. Foster and adopted children, for example, are treated the same as biological children under family violence laws.
About Our Defense Law Firm
Our firm has been providing criminal defense counsel in Texas for many years now. We believe each of our clients deserves a thorough and dignified defense, and we will not treat you any differently.
Our primary attorney, Randy Isenberg, has over 30 years of experience helping people like you. During this time, he has been listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers and board-certified as a Criminal Defense Advocate by the National Board of Trial Advocacy (NBTA). He has won numerous awards as well.
You can be very confident in our firm’s ability to represent you and find the best possible defense for your case. Many of our other clients have had very positive experiences with us, and we are sure you will too.
Contact Our Domestic Violence Attorneys in Duncanville for Help Today
Law Offices of Randall B. Isenberg can provide you with a Duncanville family and domestic violence lawyer to protect your rights. Randy Isenberg’s breadth of experience as a judge, a prosecutor, and a defense attorney give him unique insight into how the legal process works. His colleagues benefit from his experience too.
Give us a call at (214) 253-8687, so we can get started on your case today. When you call us, we will invite you for a free consultation with a member of our legal team, and during your consultation, we will provide a case review and tell you how we can proceed.
