Few things are more devastating to a person’s reputation and future than an accusation of domestic violence. That said, If you’re currently facing an unjust domestic violence accusation, our team stands ready to help. Contact a skilled Dallas domestic violence lawyer from Spangler Law today.

Reputable Domestic Violence Defense Lawyer in Dallas, Texas

When you have been accused of intentionally injuring or threatening a family/household member, whether you did so or not, you should immediately hire the best domestic violence lawyer in Dallas, Texas, to plan your exoneration.

Family violence assault is grave and can result in extreme repercussions. Accusations are often exaggerated or invented due to anger, jealousy, or child custody/divorce disputes in a misguided attempt at retaliation or gaining sympathy. Sometimes you had to defend yourself, but the police arrested you!

Domestic violence charges are dealt with very seriously in Texas, and an experienced domestic violence attorney from Spangler Law is an integral part of your criminal defense team.

Domestic Violence Defined Under Texas Law

Texas Penal Code defines family violence offense as intentionally, knowingly, or recklessly causing bodily injury or physical harm against a family or household member or someone they are dating. This can include a current or former spouse, foster parents, or a parent of the same child. If a deadly weapon is used to do so, it is aggravated assault, according to Texas Penal Code Section 22.02.

The most common assault family violence charges consist of:

Child abuse
Dating violence
Family abuse
Sexual assault

Texas Penal Code Section 22.04 states that any person who deliberately, negligently, or recklessly causes intense bodily harm to a child or elderly adult can be charged with child abuse or assault on the elderly.

When charged in a personal injury case that involves physical or bodily harm, you want a knowledgeable criminal defense attorney with experience defending people charged with assault and family violence crimes.

What Are the Penalties for Domestic Violence Charges in Texas?

Many people, believing themselves innocent, wonder why they should hire a domestic violence attorney when they are accused of violating Texas’ domestic violence laws. The penalties can be extreme if convicted, especially if the alleged victim is a child, disabled, or elderly. It also varies depending on injury and whether a weapon was used.

Potential penalties include the following for misdemeanor and felony convictions.

Class C Misdemeanor: fine up to $500
Class B Misdemeanor: fine up to $2000 and no more than 180 days in jail
Class A Misdemeanor: fine up to $4000 and no more than a year in jail

A protective order violation can result in a Class A misdemeanor or a felony. Penalties and felony convictions for domestic assault can depend on whether they include a protective order violation, strangulation, prior conviction for assault, aggravated assault, or child abuse and are as follows:

3rd Degree Felony: fine up to $10,000 and prison time of two to ten years
2nd Degree Felony: fine up to $10,000 and prison time of two to twenty years
1st Degree Felony: fine up to $10,000 and prison time of five to ninety-nine years or life

According to Texas Penal Code § 25.11, someone who commits repeated or continuous violence against another risk being convicted of a third-degree felony.

To reduce charges or get your family violence case dismissed, you want to retain the services of an excellent domestic attorney in Dallas who is well-versed in the Texas Penal Code.

Texas Penal Code Section 25.07 defines a “violation of a protective order” as intentionally communicating with or going to the person’s home or business after they were granted a protective order, thereby violating it. Texas Penal Code Section 42.072 defines stalking as continually engaging in threatening behavior against someone and includes cyberstalking.

By developing a solid attorney-client relationship with a law firm early, you can avoid further additions to your permanent criminal record.

Defenses a Domestic Violence Attorney Can Raise

A reasonable domestic violence attorney will know the best defense strategy that can help reduce or dismiss your charges. Defenses to family violence crimes can include the following:

Self-Defense: If you reasonably believed that imminent physical harm or death was about to occur, and you used force to protect yourself from the attacker, you may have a claim of self-defense.
Defense of Others: If you reasonably believe that another person is in imminent danger of bodily injury or death and use force to protect them, you may have a claim of defense of others.
Defense of Property: If you used force to protect your property from being damaged or stolen, you might have a claim of defense of property.
Lack of Intent: To secure a conviction, the prosecution must prove that you had the required intent when committing the act. If you did not intend to cause bodily harm, you could not be convicted of assault.
False Allegations: Unfortunately, it is not uncommon for people to make false allegations of family violence to gain an advantage in child custody or divorce proceedings. If there is no evidence to support the allegations, the charges should be dismissed.
Lack of Evidence: To secure a conviction, the prosecution must have evidence that shows beyond a reasonable doubt that you committed the act. If there is insufficient evidence, then the charges should be dismissed.
Errors Made During Arrest or Investigation: If errors were made during your arrest or the investigation, this could be used as a defense strategy. For example, if the police did not have a warrant to search your home, then any evidence obtained due to the search may be inadmissible in court.

How to Get Through Your Domestic Violence Case

The complicated legal arena coupled with stress may cause you to wonder how to get through your domestic violence case. In addition to hiring an experienced domestic violence lawyer to help fight your family violence allegations, you should take a proactive approach to your case.

For example, compile your record of the incident, including any witnesses’ contact information and statements and the state of all parties leading up to the family violence accusations.

Then, learn a bit about criminal law and family violence cases in Dallas, TX, so you can work with your criminal defense lawyer to develop a cohesive response to the family violence charges.

Contact a Criminal Defense Attorney Today

If you’re facing domestic violence accusations, contact a skilled lawyer from our firm today. Our firm will get to know you, familiarize ourselves with your case, help you understand the process, and, from there, plan an effective strategy on your behalf.