Family and domestic abuse is a common problem and affects 10 million people in the United States each year, according to the publication Domestic Violence. In Texas, a domestic violence violation conviction can result in a permanent criminal record and may limit your future opportunities in your career, housing, and other aspects of your life.

If you have been accused of a family or domestic abuse crime in Desoto, a domestic abuse lawyer from our firm can advise you of your rights and help you understand your options.

Domestic Violence Laws in Texas

There is no specific domestic violence statute in Texas, so family and domestic violence fall under Texas assault statutes (Texas Penal Code § 22.01). However, additional penalties and restrictions may be issued when the assault is committed against a family member, household member, or those in a dating relationship. In Texas, simple assault occurs when a person intentionally, knowingly, or recklessly: 

• Threatens another person with bodily injury,
• Causes bodily injury to another person, or
• Causes physical contact with another person knowing, or reasonably should have known, the person would find it offensive. 

Aggravated assault occurs when a person commits simple assault and also:

• Causes serious bodily injury to another person, or
• Uses a deadly weapon during the assault

Additionally, the alleged abuser and alleged victim’s relationship can increase the classification of the crime from a misdemeanor to a felony or raise the degree of a felony charge. In Texas, the following are considered family or household members:

• Two people related by marriage or blood
• Two people who are married or were formerly married
• Two people who have a child together
• Foster children and foster parents
• Roommates
• Two people currently dating or who were formerly dating

Definition of Family Violence Laws in Texas

According to Texas Family Code § 71.004, family violence is an act against a family member intended to cause harm, bodily injury, assault, or sexual assault. Family violence can also include threats that put the other family member in fear of injury, harm, or assault. 

What Is Considered Household Member Violence?

Texas Family Code § 71.005 states that household member violence occurs when a violent act is committed against someone who lives in the same dwelling, regardless of the two individuals’ relationship. Household member violence can also include acts committed against someone who previously lived in the household.

Dating Violence Is Considered Domestic Abuse in Texas

Texas Family Code § 71.0021 defines dating violence as an act against a victim or applicant for a protective order with whom the defendant has or had a dating relationship. Dating violence also includes marriage and any current or past relationships. Dating relationships also include any individuals who have or have had a romantic or intimate relationship. 

Protective Orders in DeSoto Domestic Violence Cases

If a victim of domestic violence makes an accusation that meets the Texas Family Code’s definition of family violence, they may seek an Emergency Protective Order (EPO) against the accused. An EPO hearing will take place, which the defendant will not be able to attend. An EPO can last for 90 days and is often issued following the arrest of the accused. 

Victims may also request protective orders that last longer than 90 days. These types of protective orders require a hearing to be scheduled, which the defendant will be given notice of, along with the opportunity to contest the protective order. 

At a hearing for a protective order, you can be represented by a Desoto domestic abuse attorney from our firm who will advocate on your behalf.

Domestic Violence Penalties in Texas

In Texas, penalties for domestic violence can include protective orders and other collateral penalties, like losing the ability to carry a firearm. Penalties for domestic violence can depend on several factors, including if the victim was seriously injured and if the defendant has a prior criminal history. The punishment will also depend on the classification of the offense:

• First-degree felony: Prison time of 5 to 99 years or life sentence, and a fine of up to $10,000
• Second-degree felony: Prison time of 2 to 20 years and a fine of up to $10,000
• Third-degree felony: Prison time of 2 to 10 years and a fine of up to $10,000
• Class A misdemeanor: Jail time of up to a year, and a fine of up to $4,000
• Class B misdemeanor: Jail time of up to 180 days and a fine of up to $2,000
• Class C misdemeanor: Fine of up to $500

Texas’ No Drop Policy May Affect Your Case

In Texas, if domestic violence occurs and the claimant later decides they do not want to press charges, prosecutors in Desoto will still proceed with the case. The Dallas County district attorney has a “No Drop” policy for domestic assault cases, meaning the prosecutor will pursue the case even if the victim no longer wishes to press charges.

You have an option if you wish to convince the Dallas County prosecutor to drop the case and if you and your loved one have reconciled. Our domestic abuse lawyer serving Desoto combined with an Affidavit of Non-Prosecution can be convincing to the judge when considering your case. 

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(214) 696-9253

How Our Domestic Abuse Attorney Can Help You

After being arrested for domestic violence, the case is out of your hands whether the victim decides to press charges or not. It can be beneficial to consult with our domestic violence lawyer who can:

• Advocate on your behalf
• Help you understand your rights and options in a domestic abuse case
• Guide you through the complex criminal justice process
• Gather necessary evidence to provide the prosecutor in order to negotiate your charges or stop charges from being filed, 
• Represent you in court hearings
• File necessary documents and keep up with important deadlines
• Protect your rights and make sure your voice is heard

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Contact the Law Offices of Randall B. Isenberg Today

The Law Offices of Randall B. Isenberg will help you understand your options when facing a domestic violence charge. We will advocate on your behalf and keep you informed throughout the legal process. Call (214) 696-9253 today for your free consultation.

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When facing charges related to drug possession or trafficking, it can be a confusing situation. You want honest answers to your questions. That is where our DeSoto drug crimes lawyer can help, giving you the proactive legal representation you need.

At the Law Offices of Randall B. Isenberg, we understand the severity of drug charges in Texas. We will provide the professional representation that you need to try to defend yourself and avoid the most serious penalties. You can learn more about your next steps today during a free, no-obligation consultation.

How We Can Build a Defense Against Accusations Related to Drug Crimes

Our team serving DeSoto County understands the way Texas law enforcement attacks drug crimes. These types of crimes often receive quite a bit of media attention, and prosecutors do not want to appear weak when dealing with alleged drug offenders.

We know the importance of developing a sound defense in your case. You do not have to sit back and hope that prosecutors will cut you a deal or will treat you with compassion. Instead, you can hire our team to guide you through the legal process and build your defense strategy.

Uncovering New Evidence

As we investigate your case, we will seek evidence that shows you did not do anything wrong or that you deserve lesser charges. Our evidence may point toward another person’s guilt. In that case, we will move to have your charges reduced or dismissed.

Our team takes pride in our investigative skills. We will work hard to uncover facts to try to help your case. 

We Will Review the Actions of the Police

It is possible that police officers in DeSoto who investigated your case made an error in gathering the evidence in your case. They may not have had the right to search for the drugs, or the entire case may be a misunderstanding on their part.

If police violated your rights while charging you with a drug crime in DeSoto, our legal team can use that to seek a dismissal or reduction in the charges against you.

Negotiating with the Prosecutor in a DeSoto Drug Crimes Case

Sometimes, our defense strategy will involve trying to convince the prosecutor to reduce your charges in exchange for a guilty plea. If the evidence we gather shows that we will have a difficult time winning at trial, a plea deal can help you avoid the toughest penalties.

If this is your first drug-related offense, trying to negotiate for reduced charges likely will have a better chance at success. If you are willing to undergo drug addiction treatment or to follow the terms of probation, this is a smart defense strategy.

Representing You at Trial

We may determine your best defense strategy involves presenting your case at trial. While a plea deal delivers a sure outcome, going to trial has some risk. 

However, you can trust that we will prepare as thoroughly as possible for the trial. We do not ever want something surprising to happen in court. But by spending the time needed to prepare for trial, we will be able to handle any curveballs that appear. 

We Can Defend You Against a Variety of Drug Crimes

Texas Statute Title 6 Chapter 481 spells out the different types of drug crimes in the state based on the Texas Controlled Substances Act. Whether these crimes land you in DeSoto Municipal Court or in a state district court, our team is ready to represent you.

Possession of Drugs

When police officers accuse you of drug possession, they claim to have evidence of you carrying illegal or controlled substances. The drugs could be in a pocket, purse, backpack, vehicle, or another area where you have control of the items.

Drug possession charges often result in a misdemeanor. However, when the quantity of drugs is large, prosecutors may charge you with a felony. 

Sometimes, those facing a drug possession charge who also have a drug addiction problem may be able to make use of the Texas Department of Criminal Justice’s Substance Use Treatment Program. If you believe this would be helpful for your future, we can introduce the idea to the judge and prosecutor.

Manufacturing of Drugs

If police accuse you of manufacturing drugs, this means they believe you were cooking, growing, preparing, or producing controlled or illegal substances. At the same time, police may charge you with a manufacturing of drugs crime if you have ingredients or tools in your possession commonly used in the manufacture of illegal substances.

Depending on the type of drug police believe you were manufacturing and the amount of ingredients you allegedly have, you could be facing a felony charge.

Delivery of Drugs

Police may accuse you of delivering or trafficking illegal or controlled substances. This involves the intentional selling, transferring, or distributing of drugs to another person. This type of charge often leads to a felony.

Circumstances That May Lead to More Serious Charges

Beyond the basic charges related to drug crimes, prosecutors may try to increase the penalties you face for a few different reasons. For example, if a child was near the drugs at any time, you may receive additional charges. Other items that can affect your potential penalties include the quantity and types of drugs involved in the case.

We will study the evidence closely to ensure that prosecutors are not giving you extra charges that the evidence does not support.

We Will Work Tirelessly to Build Your DeSoto, TX, Drug Crimes Case

We understand the way the legal system works. This gives us an advantage when representing our clients, no matter what severity of charges they may be facing.

Randall B. Isenberg, our firm’s founder, has more than 30 years of experience working inside the Texas legal system. Before becoming a criminal defense attorney, he served as a prosecutor and a state district judge, giving him insight into the best way to move forward in these cases.

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Call the Law Offices of Randall B. Isenberg Today to Discuss Your Case

After you hire us, we will begin working on your case immediately. This helps us gather facts and evidence on your behalf while the case remains fresh in the minds of witnesses. 

You can be certain law enforcement officers, and prosecutors will be aggressive in trying to obtain a conviction. You should be just as aggressive in building your defense. Our team can help. Call us today at (214) 696-9253 for a review of your case.

Call or text or complete a Free Case Evaluation form

(214) 696-9253