Domestic violence is a crime taken incredibly seriously in the state of Texas. If you’re charged with domestic violence, it can have a negative and permanent impact on your life. If you’re convicted of domestic violence, you’ll likely receive a restraining or protective order, heavy fines, and/or a lengthy prison sentence.
Domestic violence is an act of violence committed against a family member in the home. It doesn’t just refer to violent physical harm, but also coercion, controlling behavior, and threats.
Facing domestic violence charges is difficult, and we understand this. It can completely destroy your reputation and livelihood. Therefore, if you are facing domestic violence allegations, it’s crucial that you get in touch with an experienced Houston domestic violence defense lawyer immediately. These allegations need to be dealt with swiftly and appropriately.
Our team at The Love DuCote Law Firm LLC has the knowledge and experience needed to help you. Get in touch with us today, so we can start assessing your case and building a strong defense strategy on your behalf.
What Is Classed as Domestic Violence?
Family disagreements are a common occurrence in most households, and they are not a crime. However, if you do any of the following to a family member, you could be accused of domestic violence:
- Cause bodily injury.
- Threaten to cause violent bodily harm.
- Commit any kind of offensive contact.
- Invade someone’s personal space.
- Emotional abuse.
In the state of Texas, any reckless behavior can also be classed as domestic assault.
Domestic violence crimes are very complex legal issues, and so if you’re facing any type of crime, then you should contact a Houston domestic violence defense lawyer immediately. Without their professional help, you may be left experiencing the consequences of these charges for decades to come.
What Is Classed as Aggravated Domestic Assault?
Domestic violence charges become aggravated domestic violence when the display or use of a weapon harms a victim. These charges nearly always involve victims experiencing serious physical injuries that could have required hospitalization.
Aggravated domestic assault is classed as a first-degree felony in Houston, meaning that the penalties attached to these charges are very extreme.
If you’ve been accused of aggravated assault, then you should contact a domestic violence defense lawyer from our law firm as soon as possible. This is a serious crime, and should not be taken lightly. By contacting us as soon as possible, you’ll be giving your lawyer plenty of time to build a solid defense to use on your behalf in court.
What Penalties Could You Face For Houston Domestic Violence Cases?
Under Texas law, domestic violence charges can either be misdemeanors or felonies. The penalties that you face after a conviction depend on the specific facts surrounding your case.
If you are convicted of domestic violence, you’ll face the following:
- Class C misdemeanor – This is charged if the offense involves provocative or offensive physical contact. You’ll face a fine of up to $500.
- Class A misdemeanor: This is charged if the offense involves bodily injury to a family or household member. You’ll face a fine of up to $4,000 and/or jail time for up to one year.
- Third-degree felony: This is charged if the offense involves bodily injury to a household or family member and they already have a previous conviction for the same offense. You’ll face a fine of up to $10,000 and jail time between 2 and 10 years.
You could also receive community service, a restraining or protective order, and the charges could affect issues such as child custody and child support.
For more information specific to your domestic violence case, you should contact our Houston domestic violence defense lawyers today.
How Can You Protect Your Integrity Following a False Accusation?
If you’re facing charges of domestic violence, then you need an experienced Houston domestic violence defense attorney to investigate your case and find evidence to prove your innocence and protect your legal rights. We’ll thoroughly examine all witness statements, accounts of the incident, physical evidence, police reports of the incident, and more.
Our lawyers at The Love DuCote Law Firm have decades of experience in helping those falsely accused of domestic abuse. As your legal defense, we’ll do everything possible to protect your integrity and prove your innocence. We know that being accused of domestic violence can destroy your reputation and future, and we’re here to stop that from happening.
What Are Some Common Defenses That a Domestic Violence Lawyer Could Use in Houston, TX?
The Houston domestic violence defense lawyers at The Love DuCote Law Firm LLC have helped defend countless clients against false allegations. They have regularly used the following defenses to help clients avoid a domestic violence conviction:
If you only committed the violent act to defend yourself or a child, then this can be used as a defense strategy. However, for this defense to be effective, it’s crucial that you inform your lawyer why you were targeted with violence in the first place.
It Was an Accident
If you accidentally injured the alleged victim, then this could be used as a defense. For this to work, you need to work with criminal defense lawyers to make sure that this claim supports the original claims you made in the official police reports, as well as the evidence that the prosecution will provide.
The Accusation Was False
With a skilled Houston domestic violence defense lawyer on your side, you may be able to claim that the accuser is lying. To do this, you’ll need a strong alibi and appropriate evidence. Your attorney will be able to help you collect this.
You could also claim that the accusation was made by a family member, whose motive is revenge for personal problems. This can be difficult to prove, so you’ll need to work closely with your domestic violence defense lawyer for the best chance at successfully proving this in court.
Faults Were Made in the Investigation
It’s common for errors to be made during any criminal investigation, including investigations of domestic violence cases. A lawyer will be able to closely examine your case and ensure that no errors were made by police officers. If errors are found, your Houston domestic violence defense lawyer will be able to exploit them to create a strong legal strategy in your favor.
How Should You Act During an Arrest in Houston, TX?
During an arrest, you should stay silent. Anything you do or say during or following an arrest can be used against you in court. Therefore, it’s important that you don’t retaliate, even if you’re innocent and feel as though you’re being treated unfairly. We advise you to be respectful to the police.
It is your constitutional right to remain silent when questioned by the police or arrested. You won’t be penalized if you refuse to answer police questions. Once you’ve contacted a criminal defense attorney, they’ll be able to help you through the process and advise you on what to say.
What Is the Role of a Criminal Defense Attorney?
Our lawyers at The Love DuCote Law Firm have all attended law school and have plenty of experience helping clients win their cases in Houston. Our attorneys practice law daily and have extensive knowledge regarding domestic violence laws.
When you choose to work with our law firm, we’ll assign you to the attorney that is best suited to your specific case. Your domestic violence defense attorney will then proceed to gather evidence to build a solid defense on your behalf.
Our lawyers value communication and will dedicate themselves to building a strong attorney-client relationship with you to make sure that you’re up to date with all the important case details and developments. It’s our job to guide and advise you through all the legal proceedings.
Texas Domestic Violence FAQs
If someone has done the following to a family member, they could be arrested for domestic violence:
- Withholding health resources.
- Aggressive behavior.
- Sexual assault.
- Battery and assault.
- Child endangerment and abuse.
Being accused of the above actions can be overwhelming and could completely ruin your reputation and future. If you’ve been wrongly accused, then it’s not right that you suffer. For advice and guidance specific to your case, you should contact a Houston domestic violence defense lawyer. We can help you out.
If you’re convicted of a misdemeanor, then you’ll be served with a fine. In some extreme cases, you may have to serve jail time. This is usually applied to threatening or provoking contact cases.
If you were found guilty of causing physical harm, then you may be charged with a felony. In these cases, you’ll be facing hefty fines and long jail sentences.
You should always speak to an experienced domestic violence defense lawyer before you decide to plead guilty. A lawyer would be able to help and advise you in multiple ways, such as explaining how you can negotiate with the state to receive the most minimal punishment possible.
While you think it may avoid some stress in the short term, pleading guilty can hugely impact your life and is not a decision to be made lightly. There are many alternative options to pleading guilty, and so you should speak to a Houston domestic violence defense lawyer before rushing into a decision.
While possible to expunge a criminal record, it’s not easy to do so in the state of Texas. There are some specific qualifications you need to meet if you want to be expunged from a domestic violence conviction. A way you can get your record expunged is if you were pardoned.
If you’d like to find out if your record could be expunged, and, if so, how to go about it, you should call our law firm today.
Call Love DuCote for a Houston Domestic Violence Defense Lawyer With Proven Results in The Texas Criminal Justice System
With over 40 years of combined experience, you can trust that our team of dedicated Houston domestic violence defense lawyers at The Love DuCote Law Firm have the skill and knowledge needed to help you. After working on cases all over the state of Texas, we have a strong understanding of the criminal justice system.
Our team has achieved countless dismissals and not-guilty verdicts, and so has received multiple positive reviews from our clients. As a reputable law firm, you can rest assured that we’ll do everything possible to achieve the best outcome for your case.
What Are The Advantages of Hiring a Former Prosecutor?
At The Love DuCote Law Firm LLC, one of our criminal defense attorneys is a former prosecutor. This means that we have a deep understanding of how the prosecution may take on your case, unlike our competitors.
This previous experience and background will be a huge benefit to you. Our team will be able to guide you through every step of the legal process.
Contact The Love DuCote Law Firm LLC Today!
If you are facing a domestic violence charge, then you need help immediately. These charges can lead to severe, long-term consequences, so it’s important you act now. The sooner you do, the greater chance you have of your charges being dismissed.
Whatever the situation is, the domestic violence defense lawyers at The Love DuCote Law Firm LLC are here to help you as best we can. Our team will focus on building a trusting and loyal relationship with you as our client, so that you feel comfortable in sharing all the necessary details with us, meaning that we’ll be able to create a solid defense.
Our Houston domestic violence defense lawyers are deeply knowledgeable regarding Texas criminal law and have handled many cases from all counties in the Texas area.