Need a Domestic Violence Defense Lawyer Dallas
If you face an unjust domestic violence accusation, turn to Spangler Law’s experienced domestic violence defense lawyer Dallas for help.
Reputable Family Violence Defense Lawyer in Dallas
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.
Experienced Criminal Defense Attorney for Domestic Violence Cases
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 family violence crimes.
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. 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.
Hiring a Prominent Domestic Attorney in Dallas
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.
Why Hire a Domestic Violence Attorney?
Many people, believing themselves innocent, wonder why they should hire a domestic violence attorney when they are accused of wrongdoing. 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.
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:
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.
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.
The Advantages of Hiring a Domestic Violence Attorney
The advantages of hiring a domestic violence attorney include professional legal advice and having an experienced defense lawyer representing you in court.
An alleged victim can make a compelling case for domestic assault. If convicted, this will ultimately find its way on your publicly available permanent criminal record. This can make it difficult to obtain child custody or get certain jobs or homes.
How to Find a Domestic Violence Lawyer in Dallas, TX
Texas law can be complicated, and you may need advice regarding finding a domestic violence lawyer in Dallas, TX.
Dallas domestic violence is on the rise, but in many cases, the alleged offender feels their innocence will protect them and doesn’t seek aggressive representation. This is a mistake. Those facing domestic violence charges should seek Dallas domestic violence lawyers with experience handling similar claims.
According to domestic violence laws, alleged victims of domestic abuse may include an intentional act that causes bodily harm by one family member to other family members, including the following:
Current or former spouse
Other parent of the same child
Someone in a dating relationship with the accused
In situations where family violence occurs, a protective order hearing may be called. Both sides present their version, including any evidence and witnesses. Then, the judge will determine whether a crime was committed and whether it is likely to happen again. If so, they will issue a protective order.
Experienced domestic violence criminal defense attorneys from a reputable Dallas law office can help you mitigate a protection order or restraining order at the protective order hearing. They work hard to represent clients in Dallas County, Collin County, Tarrant County, and other surrounding counties of Texas.
How to Choose a Domestic Violence Attorney
Although you have begun your search, you may be unsure how to choose a domestic violence attorney.
Family law can be difficult and emotional. It requires a sensitive approach, and a Dallas family violence lawyer with the necessary experience presents your case in a manner that highlights your story.
Choosing a domestic violence defense lawyer with extensive experience in family laws rather than a general defense attorney may make the difference in getting your family violence charge dropped.
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.
How Do You Fight a Domestic Violence Case?
How do you fight a domestic violence case with so many emotions involved? It is difficult to separate your feelings regarding the domestic violence cases you face from the facts. Having a criminal defense attorney from a reputable law firm can help.
Spangler Law takes the time to get to know clients, so the client understands the process, and the domestic assault defense lawyer works to understand what transpired to help them plan their strategy. Contact Spangler Law for a free consultation.