What Are The Penalties Of Being Convicted In A Domestic Violence Case?
- The charges and potential penalties depend on the degree of harm or threat and other factors such as previous family violence: Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Class C offenses are punishable by a $500 fine
- Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting injury (such as a broken jaw). Class A offenses are punishable by up to a year in jail and/or fines of up to $4,000.
- Domestic violence may be charged as a third-degree felony for strangulation (choking) or if the assailant has prior domestic violence convictions. These offenses are punishable by 2 to 10 years in a Texas penitentiary.
In addition to jail time and a criminal record, a conviction for domestic assault or violating a protective order has other lasting ramifications:
- You cannot own or possess firearms.
- You cannot obtain a Texas hunting or fishing license.
What Happens If The Alleged Victim Recants Allegations Of Domestic Violence In Texas?
If the spouse or family member does not want to press charges, an affidavit of non- prosecution may help convince the prosecutor to drop the case. However, the prosecutor has sole discretion, regardless of the victim’s wishes or cooperation.
What Should I Do Once Domestic Violence Charges Are Filed Against Me?
This is a serious charge with major possible ramifications. It is important to hire an experienced aggressive attorney right away to protect your rights. At Ayson Law Firm, we are skilled at handling this kind of case and do so frequently.
What Strategies Can Be Used To Defend Clients In Domestic Violence Cases? Is Self-Defense Ever A Defense?
Everyone has the right to defend themselves against an assault. This is true even if the other party is a relative or spouse who is committing domestic violence. It is important to understand that one is allowed to defend themselves by using only the amount of force that is reasonably necessary to stop the assault. If one uses more force than was necessary to defend themselves then they will have gone beyond what the law considers to be “self-defense” and they will be considered as having committed assault themselves.
Other possible defenses may include defending a family member or a lack of evidence.
For more information on Penalties For Domestic Violence In Texas, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 209-2297 today.
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