What Are the Penalties for Domestic Violence in Texas?

A domestic violence charge in Texas is a very serious thing. If you’re being charged, it’s important to contact a criminal attorney in Plano, TX as soon as possible to make sure that your rights are defended and you can build a strong case.

What Are the Penalties for Domestic Violence in Texas?

Types of Domestic Violence Offenses

The penalties that come with a domestic violence charge will depend on how a particular crime is being prosecuted. In general, the three types of categorizations are domestic assault, aggravated domestic assault, and continuous violence against the family (also known as “Rachel’s Law.”) There are also potential related charges for stalking or violation of court orders.

Domestic Assault

A domestic assault charge is brought whenever someone intentionally, knowingly, or recklessly causes bodily injury to an intimate partner, a member of their family, or a member of the household in which they live. It’s important to understand that threats of physical harm can also count as domestic assault. If the victim felt endangered, or if they were hit, slapped, or even pushed, domestic assault is a potential charge.

Aggravated Domestic Assault

An aggravated charge applies when there’s serious bodily injury. This is generally defined as harm that poses a substantial risk of death, leads to permanent disfigurement, or impairs a bodily function. If there is an injury that doesn’t meet the threshold, but a deadly weapon was used during the assault, then the prosecution can still bring an aggravated domestic assault charge. A deadly weapon for these purposes could be anything from a gun to a knife to a baseball bat: if it’s possible to use the item in such a way as to cause death or serious injury, it will count as a deadly weapon.

Continuous Violence Against the Family

Continuous violence against the family is a fairly new law, also known as Rachel’s law, and its intent is to deal with patterns of abuse. When a person has committed two or more acts of domestic assault within a year, even if the acts were committed against different people, committed in different counties, and even if these acts did not result in an arrest or conviction, a person can be charged with continuous violence against the family. The law specifically allows this charge to be brought not only for deliberate violence but also for reckless violence.

Stalking

A stalking charge is usually a third-degree felony in these cases, unless you have a prior conviction for the same thing. In that case, it would become a second-degree felony. Stalking can be difficult to prove under ordinary circumstances, but the definition becomes a bit broader if the person being stalked is a family member or a former intimate partner. In this case, just causing a member of that person’s family or a new intimate partner to feel harassed, annoyed, or tormented would count. Stalking can be charged as a misdemeanor or as a felony, but it is more likely to become a felony in the context of domestic violence. It’s important to speak with a criminal attorney in Plano, TX as soon as possible for help here.

Penalties for Domestic Violence

Simple domestic assault is typically a Class C or A misdemeanor. These are the least severe of the categorizations for domestic violence, but they have some significant consequences nonetheless. If the only violence involved was a threat, and there were no other circumstances that might escalate the charge, then you will likely be charged with a Class C misdemeanor. The penalty here is usually a fine of up to $500. If there was an actual physical act involved, you could face up to a year in county jail and a fine of up to $4,000.

Several things can escalate these charges. If you have a prior conviction or if strangulation was involved, then the charge could become a third-degree felony and the incarceration time would then go from 2 to 10 years in a state prison and the fine to $10,000. If you have a prior conviction and strangulation was involved, it becomes a second-degree felony and the possible jail time goes up to 20 years.

Penalties for Aggravated Domestic Assault

Aggravated domestic assault is treated with greater severity. The lowest charge here is a second-degree felony charge, which means 2 to 20 years in state prison and up to $10,000 in fines. However, if serious bodily injury resulted, or if there was a deadly weapon involved, then it becomes a first-degree felony and punishable by 5 to 99 years or possibly even life in prison and a fine of up to $10,000.

Penalties for Continuous Violence Against the Family

Continuous violence against the family is a third-degree felony, so that means 2 to 10 years in a state prison and up to $10,000 in fines.

Enhanced Penalties and Consequences

The law in Texas allows for the court to tack on extra penalties in certain cases where there are aggravating factors present. These would include violence against a child or a disabled person, violence in the presence of a child, or the violation of court protective orders. When any of these things are in play, extra penalties can be added on.

There may be more protective orders from the court that would restrict contact with the victim. You may be ordered to attend mandatory anger management or counseling and even lose several rights, including the right to fish or hunt and the right to own a firearm. A domestic violence charge can also have a significant impact on child custody orders if you are divorced and share a child with another parent.

Possible Defenses Your Criminal Attorney in Plano, TX May Use

While it’s impossible to say what might be the best defense for your case, there are several defenses that are most commonly used in domestic violence situations. The first is self-defense. If your lawyer can find evidence supporting a claim of self-defense, this can be a strong protection against any domestic violence charge. Your lawyer may also be able to help you show that the allegations themselves are false. Unfortunately, it’s not uncommon for people to make false allegations of domestic violence, particularly after losing an important point in a divorce proceeding or a child custody dispute.

Another possible defense is that you were defending another person. If it can be shown that violence was the only way to stop an aggressor from harming a child, for instance, this would be a valid defense. And in all cases, your lawyer will work to show that the prosecution does not have enough evidence to bring a charge beyond all reasonable doubt. In some cases, your lawyer may also be able to come up with a plea bargain on your behalf, and the law does allow for some alternatives to jail for first-time offenders. This is known as “deferred adjudication” and, if the court believes it’s in the best interest of the victim, it may allow community supervision (i.e., probation) instead of prison time.

The important thing is to get started on your defense as quickly as possible. Contact us today at the Pelley Law Office in Plano, Sherman, or Dallas, TX for help.

Contact Our Texas Criminal Defense Law Firm For Help Today

If you’re facing criminal charges in Texas, we’re here to help. Contact the experienced criminal defense lawyers at Pelley Law Office, L.L.P., today to schedule a free consultation.

We proudly serve Plano, Dallas, Sherman, and the surrounding areas.

Pelley Law Office L.L.P. – Plano Office
Address: 1312 14th St, Plano, TX 75074
Phone: (972) 608-0335
Hours: 24/7

Our firm is located near you. Find us with our GeoCoordinates: 33.0180322,-96.6952916,863

Pelley Law Office L.L.P. – Sherman Office

Address: 905 N Travis St, Sherman, TX 75090
Phone: (903) 813-4778
Hours: 24/7

Our firm is located near you. Find us with our GeoCoordinates: 33.6445846,-96.6113141,857