A charge of domestic violence is serious, so you need to do everything in your power to defend yourself if you find yourself facing this accusation. Building a defense on your own can be difficult, so we recommend hiring a Forney domestic violence lawyer to help you with your case.
An attorney from the Law Offices of Randall B. Isenberg can help you fight for the best possible outcome and assist you at every stage of your case. The state is going to have powerful lawyers on its side. Make sure you have legal representation you can rely on as well.
Types of Domestic Violence Charges
Domestic violence charges can cover a wide variety of crimes. Per TX Penal Code § 71.004, you can be charged with domestic violence (called “family violence” in Texas) for:
- Assault against a family member
- Sexual assault against a family member
- Threats against a family member
- Physical abuse of a child
- Violence against someone you are dating
These charges can also vary in severity due to various factors. If you have been charged with domestic violence before or have a criminal record, the charges and potential punishments can be more serious.
Punishments for Domestic Violence in Texas
The punishments for domestic violence can vary widely based on whether you are charged with a misdemeanor or a felony.
Misdemeanor Domestic Violence
Incidents that primarily involve threats of violence or minor injuries generally result in misdemeanor charges. Per Texas Penal Code §12.21, punishment for misdemeanor charges would generally include:
- Fines
- Probation
- Up to 1 year in prison
- Mandatory counseling or anger management classes
These are still serious consequences, so we recommend that Forney residents hire a domestic violence attorney.
Felony Domestic Violence
If you already have a criminal record or a history of domestic violence charges, you may be charged with felony domestic violence. The charges can also be increased to a felony if you are accused of causing serious bodily harm or using a weapon.
Fines and jail time are still possible sentences, but they get much more severe when the charge is a felony. Fines for a misdemeanor can be as high as $4,000, but fines for a felony conviction can rise to $10,000! You can be sentenced to longer stays in jail, as well, with up to twenty years being a possibility in some cases. A life sentence can even be on the table if you are charged with a first-degree felony.
These are incredibly serious consequences, and you should do everything you can to defend yourself. That includes hiring an attorney.
How a Domestic Violence Lawyer Can Help
Your attorney can help you with your case in many ways. Randall B. Isenberg has decades of experience working as a prosecutor and judge. He has seen these types of cases from both sides, and as a result, our law firm is well-positioned to help defend you from domestic violence charges. Your lawyer will:
- Collect evidence: We can work with our investigators to gather evidence that shows your side of the story. We can talk to witnesses, look at security footage, or investigate alibis—whatever it takes to make your case.
- Show the state has not met the burden of proof: A prosecutor has a high burden of proof to meet. If we believe the state has not met this standard, we will show that and fight to get the charges against you dismissed, dropped, or reduced.
- Act as your advocate: No matter what crimes you have been charged with, you have rights. Your lawyer will stand up for those rights and advocate for you.
- Prepare you for testimony: Testifying in court or at a deposition can seem intimidating. We will help you prepare so that you can tell your side of the story and aid in your defense if needed.
- Negotiate plea agreements: If the case against you is likely to result in a conviction, your lawyer can help negotiate a fair plea agreement on your behalf. We can fight for lesser fines, shorter prison sentences, or alternatives like probation when possible.
- Reduce sentencing: We may also help reduce your sentence if you are convicted. For example, we can show that you are willing to make positive life changes by pointing to your voluntary enrollment in counseling or anger management classes.
- Help you deal with professional consequences: Domestic violence charges can also affect you professionally. If you have received a professional license in Texas, you are held to high standards. A governing board or regulator may pursue additional penalties against you, but our lawyers can help you deal with these professional consequences.
Types of Defenses Against Domestic Violence Charges
Your domestic violence attorney will look over all the facts of your case and determine the best possible defense. Each case is unique, but many defense strategies will claim one of the following:
- Self-defense or defense of another person: If you were protecting yourself or someone else, we can use that information as a basis for your defense.
- Mistaken identity: If another person committed the assault in question, we can look for proof that you are innocent.
- False accusation: There are several reasons someone may falsely accuse you of domestic violence, such as if they are trying to gain leverage against you in a child custody or divorce case. In this case, we can work to prove you have an alibi or provide other evidence of your innocence.
- Accidental violence: If your accuser suffered injuries in an accident but is blaming you, we can bring evidence of the truth to light.
- Insanity or temporary insanity: If you were not in control of your emotions or actions because of a mental health condition, this may also be a viable defense.
We go over the case’s details and evidence to figure out the best possible defense for each of our clients.
Call for Your Case Consultation
If you have been charged with domestic violence, do not try to navigate the legal system by yourself. Instead, contact the Law Offices of Randall B. Isenberg and ask about our free case consultations. We would be happy to tell you more about how we can defend you from domestic violence charges, whether they are misdemeanors or felonies, and how we can help you build your case.
