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Driving while under the influence of alcohol is a severe offense. It becomes even more serious when that action harms someone else. You have the right to an attorney if you have been accused of committing intoxication assault.

Getting experienced legal help can significantly affect your case’s outcome. A Celina intoxication assault lawyer from the Law Offices of Randall B. Isenberg is prepared to help you with your case.

Understanding Intoxication Assault Charges

TX Penal Code § 49.07 describes intoxication assault to be when someone is driving in a public area while intoxicated. Because of their toxication, they accidentally cause serious bodily injury to another person. For example, let us say that you were driving on a public road while drunk and accidentally hit a pedestrian because you could not think and respond appropriately. As a result, the pedestrian experienced a spinal cord injury and became paralyzed from the waist down.

In this situation, you should be charged with intoxication assault. You can also be charged with intoxication assault in other situations. For example, you may be charged with intoxication assault if you were operating an aircraft or boat while intoxicated and your actions caused someone serious bodily injury.

Potential Penalties for a Conviction of Intoxication Assault

The consumption of alcohol can be enjoyable, but it is essential to stay safe. If you have been drinking, you should not drive or operate any motor vehicle. This way, you do not risk other people getting hurt if you lose control of the vehicle. In addition, drinking alcohol can slow your ability to react and drive safely, increasing your risk for collisions and being accused of intoxication assault.

Whenever a charge of intoxication assault comes up, it is necessary to understand the penalties that can result and how a lawyer may be able to help you.

Texas law classifies Intoxication assault as a third-degree felony. If the courts find you guilty of intoxication assault, you may spend two to ten years in prison. You might also have to pay a fine costing up to $10,000.

Sometimes, you may be able to get a reduced sentence depending on the facts surrounding your case. But the entire process extracts a toll and may still be difficult for you and your family. It can also take a while for your case to be resolved, making it difficult as you have to wait a substantial amount of time for the courts to clear you of the charges.

How Can an Intoxication Assault Lawyer Help Me?

Any person accused of any crime has the right to legal representation. So, if you have been charged with intoxication assault, you have the right to an attorney. An intoxication assault lawyer will understand the complex proceedings and laws that surround these types of cases and will be able to help you navigate these challenging circumstances. An attorney may be able to help you in several ways:

Go over what happened in your case, including the actions taken by the police when you were arrested. They will review all the details to ensure that the evidence in your favor comes to light.
May work to get charges dropped or your sentence reduced
Offer advice on the best course of action to take in your case.
Answer the questions about how your case is developing and their prediction of the outcome.
Represent you at any hearings or trials
Present the evidence to the court of your innocence if you plead not guilty

We can discuss in further detail how our firm can help you during your initial consultation.

Celina Intoxication Assault Attorney Near Me

(214) 696-9253

Defending Intoxication Assault Cases is One of Our Specialty Areas

The legal team at the Law Offices of Randall B. Isenberg prides itself in getting results for our clients and representing them in criminal cases. One of our specialty areas is intoxication assault.

Reducing the charges can lead to a lighter sentence. For example, we have been able to get probation for our clients in cases of intoxication assault. Other times, we have been able to reduce the charges to a misdemeanor instead of a felony.

While we cannot guarantee the exact outcome of your case, know that we have helped many others like you and will fight to get the best possible outcome for you.

Click to contact our Intoxication Assault Lawyers today

(214) 696-9253

Testimonials Provided to Our Law Firm

We fight for our clients when they are accused of crimes, including accusations of intoxication assault. Many of our clients have been grateful for our help. Consider what just a few of the testimonials provided have to say:

“Randy is the real deal. On a bogus case, my previous attorney told me I didn’t have any option other than accepting whatever the court offered me. That seemed ridiculous to me on a case that had no merit, so I contacted Randy. He and his team had the case dismissed almost immediately. He’s a true professional and an asset to the legal community. The system has gone crazy, and Randy can help you. Give him a call.”

“Randall Isenberg went above and beyond my expectations and would highly recommend him as a lawyer. He is thorough, intelligent and hard working. He stayed in touch with me throughout the representation and made sure I was up to speed along the way.”

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Get Help Today by Contacting an Intoxication Assault Attorney

Help with your intoxication assault case begins with an honest and free conversation. At your initial consultation with the Law Offices of Randall B. Isenberg, a Celina intoxication assault lawyer will review the facts of your case and determine how we can best assist you moving forward. It also allows you to understand your options and why our firm is qualified to help you with your case.

You can contact us today to get started. We are ready to get started on your intoxication assault case.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Offenses involving domestic assault or family violence in Texas can be very serious crimes, resulting in severe penalties, such as incarceration, steep fines, a tarnished criminal record, and more. For these reasons, if you’ve been charged with an offense related to domestic violence, you deserve to have a legal advocate on your side who is unafraid to go toe-to-toe with prosecutors on your behalf.

At the Law Offices of Randall B. Isenberg, we’re here to fight back if law enforcement attempts to circumvent your rights. We understand there are two sides to every story, and we’ll stand with you to ensure yours is heard. Protecting your freedom, future, and reputation is our goal. A Little Elm domestic violence lawyer from our team will strive to get you through this challenging time and back to your normal life as soon as possible.

Family Violence Offenses in Texas

Some common family violence offenses in Texas include:

Domestic assault or aggravated domestic assault
Continuous violence against the family
Protective order violations
Unlawful restraint
Child abuse
Kidnapping
Stalking

Tex. Penal Code § 22.01 states that a person can be charged with an assaultive offense if they intentionally, knowingly, or recklessly:

Cause bodily injury to someone
Threaten someone with imminent bodily injury
Cause physical contact with another individual when the alleged offender should have reasonably known that the individual would perceive the contact as offensive or suggestive

To be charged with a domestic assault offense, the alleged victim must be a family or household member, a co-parent or former spouse, or a person with whom they are dating or in a romantic relationship. Furthermore, a person can be charged with aggravated domestic assault if they cause serious injury or commit assault with a deadly weapon in one of these instances.

Penalties for Domestic Violence in Little Elm

Texas law outlines several penalties for family violence offenses in Texas. However, these can vary depending on whether the victim suffered severe bodily injury, the defendant used a weapon, or the alleged offender has a criminal record. According to the Office of the Texas Attorney General, punishments may include, but are not limited to:

Class A misdemeanor when the victim is placed in imminent danger of injury – up to 1 year in jail and a fine of up to $4,000
Class C misdemeanor domestic assault when the alleged offender made threats of harm or initiated offensive or suggestive contact – fine of up to $500
First-degree felony aggravated domestic assault or child abuse – 5-99 years in prison and a fine of not more than $10,000.
Second-degree felony domestic assault, aggravated domestic assault, child abuse, or stalking – 2-20 years in prison and a fine up to $10,000.

What Responsibilities does a Little Elm Domestic Violence Attorney Have?

The job of a criminal defense lawyer is to oversee almost every aspect of their client’s case. Therefore, they are responsible for the following and more:

Being Knowledgeable of the Law

A defense attorney must have more than a passing knowledge of the law—they must be well-versed in the law as it applies to your charges and the ins and outs of the legal process to help protect you throughout criminal investigations and court proceedings.

Understanding the Case Being Presented

Initially, your Little Elm domestic violence attorney will be responsible for learning about you and your case. Their job is to understand the details of the events that occurred from your perspective. From there, you and your legal counsel will discuss the best possible outcomes of the situation and what results you can realistically expect.

Investigating and Collecting Information

Your attorney’s next role is to investigate the case deeper and gather information. They will analyze all aspects of the case, review the prosecution’s evidence, and interview witnesses. The more detailed information your lawyer can collect before the trial, the more effectively they can defend you in court.

Defending the Client in Trial

Unquestionably, a defense lawyer’s greatest responsibility is effectively defending their clients in court. Your lawyer may spend significant time devising a strategy for your trial, including analyzing the prosecution’s arguments and preparing ways to oppose them.

Keeping the Defendant Updated

Another responsibility of a criminal defense lawyer is to ensure you are up-to-date on all matters pertaining to your case. If your attorney is notified of any changes, events, or emerging evidence throughout the legal process, whether or not it directly concerns you, it is their job to inform you promptly.

Little Elm Domestic Violence Attorney Near Me

(214) 696-9253

Defenses to Domestic Violence Offenses

When facing legal allegations of domestic assault or family violence, you must understand the criminal defenses feasible under the circumstances and your legal rights. A Little Elm domestic violence attorney with experience handling these cases can put these defenses to work to preserve your freedom and reputation as much as possible.

If you are being prosecuted for a felony charge, your legal counsel must prepare a defense to present to a grand jury. A compelling evidence report could convince jurors to reduce the charges to a lesser misdemeanor offense or even dismiss them. Potential defenses you and your attorney may use to support your case include:

No Bodily Injury Occurred

If the prosecution claims you committed domestic assault or violence, they must prove that you made physical contact with the alleged victim that caused them pain or injured them in some way. If there are no pictures or medical records, the prosecutor must primarily rely on the victim’s statements.

Although this evidence is not required, their case will be weaker if they don’t provide objective proof showing an injury occurred, let alone one that the alleged offender caused.

There Was No Criminal Intent

Per Texas law, a domestic violence offender must have committed the act “intentionally or knowingly.” Moreover, the alleged victim’s injury may have resulted from an accident rather than a deliberate act.

It’s common for angry or emotional victims to contend that the other person acted willfully. However, later, they may reflect on the incident and realize that perhaps the alleged offense was not intentional after all. According to the Legal Information Institute, this is also known as exculpatory evidence, and it may provide you with an excellent opportunity to have your domestic violence charges dismissed.

Your legal counsel may determine that this defense is viable due to the alleged victim’s statements. In that case, your lawyer must collect the information using an affidavit of non-prosecution—a written statement by the alleged domestic violence victim requesting the prosecutor to dismiss the case.

If the victim can provide evidence through an affidavit, your attorney may be able to use this to establish reasonable doubt. This would offer you and your lawyer more leverage to negotiate for a more favorable outcome.

Dubious Witness Credibility

If the alleged victim’s statement doesn’t make sense, is inconsistent with police report findings, or contradicts eyewitness recollections, these issues may allow your defense attorney to demonstrate the victim’s statements aren’t reliable.

For example, the victim may have a motive to lie, such as in a custody battle or divorce case. If the accuser has a reason to be deceptive, it is a critical issue that needs addressing when your attorney is defending you against your domestic violence charges.

Click to contact our Domestic Violence Lawyers today

(214) 696-9253

Start Working With a Little Elm Domestic Violence Lawyer Today

If you have been charged with domestic violence in Texas, we are eager to offer you a confidential case review so we can analyze your unique situation and determine the various ways we can assist you. Please contact the Law Offices of Randall B. Isenberg for a free consultation.

Call or text or complete a Free Case Evaluation form

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If you were arrested or otherwise face accusations of intoxication assault in Dallas or Collin County, our team from the Law Offices of Randall B. Isenberg is here to help. Our legal team understands what is required to prove these cases, and our Sachse intoxication assault lawyer may be able to develop a defense strategy to get a better outcome in your case.

Our Sachse criminal defense lawyer can go to work for you today, protecting your rights and representing your best interests throughout the criminal justice process. It may be possible to avoid charges, get your charges dismissed, reduce the severity, get a reduced sentence, or have other positive outcomes in your case.

Understanding the Offense: Intoxication Assault in Texas

Intoxication assault is a serious charge under Texas law. Texas Penal Code § 49.07 defines intoxication assault. This offense involves:

A drunk or impaired driver
Who causes a crash
Another party suffers serious injuries as a result

To convict someone of intoxication assault, the prosecutors will need to show each of these elements are present with evidence gathered in the case. This often includes:

Blood alcohol concentration blood and/or breath tests
Evidence from the scene, including a search of your vehicle
The police report and testimony about the crash
Physical evidence related to the crash
The victim’s medical records
Medical expert testimony

Under the statute, it also defines serious injury as one with a “substantial risk of death” or that causes lasting disfigurement or impairment. It may be possible to show that the victim’s injuries were not as serious as they seemed initially or that they were exaggerated. This could help us get the charges you face reduced.

This charge is usually a third-degree felony in most cases. However, prosecutors may elevate the charge to a second-degree felony under some circumstances. This includes when the victim suffers catastrophic injuries and remains in a coma.

What Are the Consequences of a Sachse Intoxication Assault Conviction?

If the prosecution can prove the elements of intoxication assault beyond a reasonable doubt for the jurors, they will likely hand down a guilty verdict. If this occurs, you could face serious penalties under Texas Penal Code Chapter 12. Possible punishments associated with a third-degree felony include:

2 to 10 years in prison
Up to $10,000 in fines
A driver’s license suspension between 90 days and 1 year
Significant community service requirements
Ignition interlock device after getting your license back
Ordered to attend a court-approved alcohol or drug education program

When the prosecutors enhance the charges and you are convicted of a second-degree felony, you could receive a prison sentence of up to 20 years in prison, as well as the other consequences on this list.

It is also important to remember that the consequences you could face as a result of a felony conviction are not all a part of the sentence handed down by the court. There are also social, occupational, and personal issues you may face. Going to prison for a year or more will likely mean losing your job. Your personal relationships could suffer, as well.

After your release, it will be difficult to get another job with a felony conviction on your record. Some occupational licenses required for your previous career may not allow felons to apply. It may even be difficult to rent an apartment.

Our Team From the Law Offices of Randall B. Isenberg Are Here to Help

At the Law Offices of Randall B. Isenberg, our team has extensive experience helping clients who are facing serious accusations related to driving while intoxicated, including intoxication assault. Attorney Randall B. Isenberg has spent more than 30 years managing these cases. He is also a former Senior Chief Felony Prosecutor and State District Trial Judge, in addition to his role as a criminal defense attorney in and around Dallas.

You can trust that our team knows how these cases work inside and out. Our drunk driving attorney may be able to help you get a better outcome in your case by:

Presenting evidence that stops the allegations before they file charges
Getting the charges dismissed
Negotiating an agreement for a lesser charge
Making a motion to have some evidence barred from court
Representing you at trial and presenting strong evidence in your defense
Negotiating a lighter sentence following a guilty verdict

Our team undertakes an investigation into the circumstances that led to every client’s arrest and the accusations against them. This includes gathering evidence to show what occurred and what the prosecution may be able to prove. We know how to identify issues with these cases, using any discrepancies to refute the accusations and evidence from the prosecution.

In previous cases, we have been able to show that the officers illegally searched our client’s vehicle or otherwise illegally obtained evidence, that there was a problem with how they managed the blood alcohol concentration samples and testing, or that there were other problems with how the police handled their investigation into what happened.

If you are facing allegations of Sachse intoxication assault, we will meet with you today over the phone, virtually, or in person. We can discuss your case and answer your questions. You can count on the team from the Law Offices of Randall B. Isenberg. We will investigate the case, explore our options for your defense strategy, review them with you, and decide on the best approach to get a better outcome for you.

You’ll want to contact us as soon as possible since there are certain statutes of limitations that apply to different charges. These are time frames that determine how much time you have to file your case or pursue legal action. The longer you wait the more difficult it becomes to fight your legal case.

Sachse Intoxication Assault Attorney Near Me

(214) 696-9253

Talk to Our Team About Your Sachse Intoxication Assault Case Today

At the Law Offices of Randall B. Isenberg, our criminal defense team works with those who stand accused of drunk driving offenses, including intoxication assault. We may be able to build a strong defense for you and clear your name or reduce the penalties you face, depending on the circumstances of the case.

Connect with us today for a free consultation to learn more about our team and services. We can answer your questions about these charges and your case, as well.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Intoxication assault can happen to anyone who consumes alcohol and then is involved in an accident. If you or a loved one have recently been charged with intoxication assault, you could be facing serious consequences. It is important to retain an attorney who has handled many intoxication assault cases and understands the legal complexities that could arise.

Contacting an Ennis intoxication assault lawyer from the Law Offices of Randall B. Isenberg quickly after you are charged can help with your case. We will examine the evidence against you and start preparing your defense immediately. Our firm will do everything we can to lower the charges you are facing.

Have You Been Charged with Intoxication Assault?

Texas Penal Code § 49 states intoxication assault is when a person accidentally or mistakenly causes serious bodily injury to someone while intoxicated.

In many cases, someone can be charged with intoxication assault if they drive while intoxicated and get into an accident and someone else is seriously injured. Another example of intoxication assault could occur if an intoxicated person assembles an amusement park ride. If the ride fails and people are seriously injured, the person who assembled the ride while intoxicated could be charged with intoxication assault.

What Is Serious Bodily Injury?

To be charged with intoxication assault, someone involved in the incident has to sustain serious bodily injury. Serious bodily injury includes any injury that:

Creates a risk of death
Causes permanent disfigurement
Causes a loss or impairment of an organ or body part

If someone involved in the incident sustained a small fracture in their ankle, this would not be considered intoxication assault.

Consequences of Intoxication Assault

The state of Texas imposes serious consequences to those who commit intoxication assault. Even if the injuries were caused because of a mistake, the consequences can be harsh.

Intoxication assault is a third-degree felony. The possible consequences for a third-degree felony in the state of Texas include:

2-10 years in prison
Fines up to $10,000
Probation

Not only will an intoxication assault conviction affect you with the legal system, but it can also affect your personal and professional life. A criminal conviction could stay on your record forever. On top of the legal consequences, if convicted you could face:

Financial issues caused by fines you have to pay. These issues can also occur while you are out of work while serving jail time. Once you are out of jail, having a criminal conviction on your record could make it difficult to obtain a job. You may also have difficulty obtaining a loan in the future.
Damage to your reputation. Once you are convicted of intoxication assault, it could stay on your criminal record forever.
Troubled relationships if you are away from friends and family while serving jail time.

An Ennis intoxication assault lawyer from the Law Offices of Randall B. Isenberg will do what it takes to get your charges reduced or dropped. We don’t want you to have to face the legal, personal, and professional consequences of a criminal conviction.

We Will Prepare a Strong Defensive Strategy

To be convicted of intoxication assault, it must be proven that serious bodily injury occurred because you were intoxicated. The prosecution will need to prove:

You were intoxicated while operating a motor vehicle, boat, aircraft, or when you were assembling an amusement park ride.
Your intoxication was the direct cause of the victim’s serious bodily injury.

We will gather evidence to refute the claims made by the prosecution. We will prepare a personalized defense strategy to get your intoxication assault charges reduced or dropped. Our Ennis intoxication assault attorneys will provide or do the following:

A strong defensive strategy: We will determine what the strongest defensive strategy will be for your case. Each case receives personal attention from our attorneys. The defense strategy will be personalized to what your case needs.
Identify misconduct or errors: We will ensure your rights were not violated during your arrest or while you were in jail.
Ensure equipment was working properly: We will investigate if the breathalyzer was calibrated correctly and if the officer administering the breathalyzer was properly trained. We will make sure any measures to check your BAC levels were handled properly.
Investigate the injuries: Our attorneys will investigate if other factors caused the victim’s serious bodily injury.
Negotiate: We will advocate on your behalf to negotiate that your charges be reduced or dismissed based on the evidence we present.
Representation in court: If the prosecution is unwilling to negotiate a reduction in your penalties, we will litigate on your behalf in court. We will work tirelessly to help you avoid an intoxication assault conviction.

The sooner you reach out to an attorney, the more time we will have to prepare your defense. We don’t want you to face the serious and long-term consequences a conviction can bring.

Ennis Intoxication Assault Attorney Near Me

(214) 696-9253

What If the Victim Dies from Their Injuries?

If the victim dies from their injuries, your charges could be upgraded from intoxication assault to intoxication manslaughter. Intoxication manslaughter is when an intoxicated person accidentally or mistakenly causes death to another person while driving a vehicle or assembling an amusement park ride.

Intoxication manslaughter is a second-degree felony that carries serious consequences. Punishments of a second-degree felony include:

A license suspension of 180 days to 2 years
A fine of up to $10,000
2 to 20 years of jail time

Click to contact our Intoxication Assault Lawyers today

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Our Ennis Intoxication Assault Lawyers Are Ready to Fight for Your Freedom

If you or a loved one have been charged with intoxication assault, an attorney from our firm can help. The sooner we become involved with your case, the sooner we can begin investigating and strategizing a solid defense. We will fight hard to reach the best possible outcome in your case.

Contact our firm today to learn about how we can help you. We offer free, no-obligation consultations to all potential clients. A member of our staff is available 24/7, 365 days per year. We understand that being arrested for intoxication assault is scary, and we will support you through this difficult time. Knowing your legal rights is important when navigating an intoxication assault charge.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Can You Expunge a Domestic Violence Charge in Dallas

According to the Texas Bar, you can expunge a domestic violence charge in Dallas only under specific circumstances. This includes:

If the case against you was dismissed
If you were found not guilty of the offense

If either of these situations applies in your case, you should contact a Dallas criminal defense attorney to learn more. If you were convicted of an offense, it will remain on your record. This is a key reason why it is important to avoid a conviction if possible in your case.

How Can I Have My Charge Expunged?

You may be able to begin the expunction process when:

You get a not guilty verdict from the jury at trial; or
The court dismisses your case, and the statute of limitations expires

By navigating this process and having an attorney work to expunge your record, it will be as if the incident, your arrest, and the charge never occurred. Your records will be deleted and will not appear on background checks. Even law enforcement and the courts cannot access the records after an expunction.

In some cases, people who received deferred adjudication for assault can ask for non-disclosure instead. Under a deferred adjudication, they were not technically convicted. This would keep their records from appearing in background checks. However, Texas does not allow this in domestic or family violence cases.

Why Is Expunction Important to Many People?

Many important steps in your life require a background check. This could include renting an apartment, getting a job, or obtaining an occupational license that your career depends on you having. Even if you were not convicted, having charges of domestic violence pop up on these background checks can cause stress.

People can judge those accused of family violence harshly, no matter the outcome of the case. Not only could this create a situation where you have to explain the circumstances of your arrest repeatedly, but employers might opt for a different candidate who never faces allegations of assault.

Having a clear criminal record means never having to worry about the past haunting you. You can put this whole thing behind you if the courts expunge your record.

Understanding What Qualifies as Domestic Violence Under Texas Law

Domestic assault and family violence occur in several ways and can involve one or more of several charges under Texas Family Code § 71.004. In general, if any of the following occurs with a household or family member, domestic assault charges are possible:

An act that causes bodily harm or makes the victim fear imminent bodily harm (Likely charge: Domestic assault)
An act that causes serious injuries or utilizes a weapon to create fear (Likely charge: Aggravated domestic assault)
An act that includes trying to stop the other party from breathing (Likely charge: Domestic violence assault choking)
Repeated offenses of domestic assault (Likely charge: Continuous domestic violence)

Who Is a Household or Family Member in Texas?

To prove someone is guilty of domestic violence in Texas, the prosecutors must show the incident occurred and that the parties involved have a certain domestic relationship. This elevates the charges, calling for increased penalties than if they were not family.

Under Texas law, the following parties have a “domestic” relationship:

Parties related by blood or birth
Parties related by adoption
Parties related by marriage, including in-laws
Spouses
Former spouses
Current or former romantic partners
Dating partners
Roommates or those who share a household
Those who share a child, including those related only through the child, such as a parent and adoptive parent

How Can an Attorney Help Me After a Domestic Violence Arrest?

While facing allegations of domestic assault or another related charge is very serious, you should not panic. A domestic violence criminal defense attorney may be able to help you get a better outcome in your case. This will depend on the circumstances that led to your arrest and the evidence available in your case, as well as other details of the investigation and situation.

A lawyer can develop a defense strategy based on what happened and work toward:

Getting charges dismissed
Getting evidence barred from court
Negotiating reduced charges
Agreeing to a reduced sentence
Taking the case to trial and presenting evidence you are not guilty

If the jury finds you not guilty or the court dismisses the charges against you, your lawyer can also handle your expunction. Discuss this goal with your attorney early on in your case if it is important to you.

There will be a statute of limitations depending on the type of charges you face. This is a time frame that limits you on how long you have to pursue legal action. Contact one of our attorneys today to ensure we get the ball rolling before time runs out for you.

Click to contact our attorneys today

(214) 696-9253

Connect With a Dallas Criminal Defense Attorney Today

You can learn more about the services offered by the Law Offices of Randall B. Isenberg today with a free consultation. Our founding attorney has more than 30 years of experience, including as a former prosecutor, State District Trial Judge, and now a criminal defense lawyer. Reach out to our team today to learn how we can help you

Call or text or complete a Free Case Evaluation form

(214) 696-9253

In some cases, the circumstances of what occurred could make domestic violence a felony in Dallas. The courts do not always charge family violence incidents as felonies, but this is a possibility.

If you believe you will face this type of charge in Dallas, you should consider hiring a domestic violence criminal defense attorney as early on as possible. They may be able to help you reduce the severity of the charges you face, present evidence to prevent charges, or take other steps to get a better outcome for you.

Possible Charges Related to Domestic Violence in Dallas

In general, the potential charges stemming from a family violence arrest could range from a Class C misdemeanor to a first-degree felony. The details of what happened and the injuries suffered, if any, will determine the possible punishment if you are convicted of the crime. These penalties could vary from fines to community supervision to incarceration.

Under Penal Code Chapter 22, there are four possible criminal charges that generally arise out of a domestic violence situation and arrest. Which of these four crimes they accuse you of committing will play a significant role in the severity of the charges you could face.

Domestic Violence Assault

When an assault occurs between two people with a familial or household relationship, the aggressor could face charges of domestic violence assault. This could occur when one party causes another to suffer bodily injury or when they threaten to do so because of their intentional actions or recklessness.

This is generally charged as a misdemeanor. It may be a Class A misdemeanor if a bodily injury occurred. Jail time and a fine are possible.

Aggravated Domestic Violence Assault

When a serious bodily injury occurs, or a weapon is used, the charges may include aggravated domestic assault. In some cases, you could face this type of charge if the victim claims you threatened bodily harm with a weapon or had access to a weapon. These are felony charges. The penalties for the most serious aggravated domestic violence assault charges include life in prison and a fine of up to $10,000.

Domestic Violence Assault Bodily Injury—Impeding Breath

This is sometimes referred to as “assault by choking,” although there are other ways an aggressor could impede breath that might also call for this type of charge. When one party intentionally hinders or stops the breathing of another person in their family or household, this could be the charge they face. This is a felony charge. A conviction could come with at least two years in prison and significant fines.

Continuous Domestic Violence

If there are ongoing issues with the aggressor and the victim or the aggressor is convicted and faces additional arrests, they could face allegations of continuous domestic violence. This includes at least two domestic violence incidents within a single 12-month period. This is a felony charge. Significant fines and prison time could occur if convicted.

What Is Domestic and Family Violence Under Texas Law?

Under Texas Family Code § 71.004, domestic violence occurs when any of the following happens between two or more people who have a family or household connection:

Any act “intended to result in physical harm, bodily injury, assault, or sexual assault”
Any threat that “reasonably places the member in fear” of physical harm
Child abuse
Dating violence between partners, per Texas Family Code § 71.0021

While anyone can be a victim of assault, threats, or abuse, the police and courts take these situations more seriously when there is a domestic or family relationship between the parties. The relationships that may support domestic abuse charges include:

Are family members by blood or adoption
Are or were legally married
Are or were romantic partners
Live in the same household regardless of relation
Share a child or have a relationship through a child, such as a step-parent
Are in-laws

What Should I Do If I Am Accused of a Dallas Domestic Violence Action?

If you were arrested or face allegations of a family violence act, we encourage you to speak with a Dallas criminal defense attorney as soon as possible. Your lawyer will assess your options and explain the possible outcomes of your case. This conversation may include information about:

The circumstances of your arrest and facts of your case
The possible defenses
Any applicable sentencing guidelines
The potential consequences if convicted

A lawyer may be able to help you get a better outcome in your case than you could get on your own. Having an attorney on your side could help you avoid charges, reduce your charges, or avoid a conviction.

Time is of the essence, however. There are certain time frames, called statutes of limitations, that determine the amount of time you have to file your case. Depending on what type of charge you get, you will need a lawyer working on your case right away before time runs out.

Connect With Our Team Today

The team from the Law Offices of Randall B. Isenberg can talk to you about your case today. We may be able to go to work for you immediately, fighting for a more positive outcome from this difficult and stressful situation. Reach out now to get started with a free consultation.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Celina Intoxication Assault Lawyer

Search Results for: court

Understanding Intoxication Assault Charges

Potential Penalties for a Conviction of Intoxication Assault

How Can an Intoxication Assault Lawyer Help Me?

Defending Intoxication Assault Cases is One of Our Specialty Areas

Testimonials Provided to Our Law Firm

Get Help Today by Contacting an Intoxication Assault Attorney

Family Violence Offenses in Texas

Penalties for Domestic Violence in Little Elm

What Responsibilities does a Little Elm Domestic Violence Attorney Have?

Being Knowledgeable of the Law

Understanding the Case Being Presented

Investigating and Collecting Information

Defending the Client in Trial

Keeping the Defendant Updated

Defenses to Domestic Violence Offenses

No Bodily Injury Occurred

There Was No Criminal Intent

Dubious Witness Credibility

Start Working With a Little Elm Domestic Violence Lawyer Today

Understanding the Offense: Intoxication Assault in Texas

What Are the Consequences of a Sachse Intoxication Assault Conviction?

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Have You Been Charged with Intoxication Assault?

What Is Serious Bodily Injury?

Consequences of Intoxication Assault

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What If the Victim Dies from Their Injuries?

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How Can I Have My Charge Expunged?

Why Is Expunction Important to Many People?

Understanding What Qualifies as Domestic Violence Under Texas Law

Who Is a Household or Family Member in Texas?

How Can an Attorney Help Me After a Domestic Violence Arrest?

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Possible Charges Related to Domestic Violence in Dallas

Domestic Violence Assault

Aggravated Domestic Violence Assault

Domestic Violence Assault Bodily Injury—Impeding Breath

Continuous Domestic Violence

What Is Domestic and Family Violence Under Texas Law?

What Should I Do If I Am Accused of a Dallas Domestic Violence Action?

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Frequently Asked Questions

New Texas Law Changes As Of September 2019

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What Happens if You are Under 21 and Get a DWI in Texas?

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How Do I Win a DMV Hearing in Texas?

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