Domestic violence accusations can drastically alter a person’s life trajectory. Even in the absence of physical injury, a domestic violence charge can result in severe penalties, including time behind bars, restraining orders, child custody disputes, immigration complications, and lasting reputational harm. For those accused, understanding available legal defenses is crucial. Please continue reading as we delve into common legal defenses, the burden of proof on prosecutors, and the role of a Dallas Domestic Violence Lawyer in safeguarding your rights. 

What Qualifies as Domestic Violence in TX?

In Texas, the terms “family violence” and “domestic violence” are used interchangeably to refer to actual or threatened physical harm against current or former spouses, co-parents, household members, or dating partners. While most acts of domestic violence are classified as assault or aggravated assault, the penalties are typically more severe than standard assault charges because of the close relationship between the individuals involved.

Domestic violence typically encompasses acts of physical harm, actions leading to bodily injury, or threats of imminent physical harm. Emotional or psychological injuries are generally not sufficient grounds for a domestic violence charge. For a conviction, the prosecution must prove that you had the necessary intent when the act occurred. If you did not intend to cause bodily harm, you might not be convicted of assault.

If you are facing charges in a personal injury case involving physical harm under this statute, it is crucial to seek representation from an experienced criminal defense attorney with a strong background in defending individuals accused of assault and family violence offenses.

What Are the Potential Penalties?

If you have been accused of domestic violence in Texas, it is crucial to understand the penalties you can face upon a conviction. Potential penalties include the following for misdemeanors and felony convictions:

  • Class C Misdemeanor: Fine up to $500
  • Class B Misdemeanor: Fine up to $2,000 and up to 180 days in jail
  • Class A Misdemeanor: Fine up to $4,000 and up to one year in jail
  • 3rd Degree Felony: Fine up to $10,000 and two to ten years in prison
  • 2nd Degree Felony: Fine up to $10,000 and two to twenty years in prison
  • 1st Degree Felony: Fine up to $10,000 and five to ninety-nine years or life in prison

What Are the Legal Defenses Against Domestic Violence Charges?

A skilled domestic violence attorney can help develop the most effective defense strategy to potentially reduce or dismiss charges. Common defenses for family violence crimes include:

  • Self-Defense: If you genuinely believe that immediate physical harm or death was imminent and you used force to protect yourself, you may claim self-defense.
  • Defense of Others: If you reasonably believe that another individual was in immediate danger of bodily injury or death and used force to protect them, you might assert this defense.
  • Defense of Property: Using force to safeguard your property from damage or theft could be a valid defense depending on the unique circumstances.
  • False Allegations: Unfortunately, false accusations are not uncommon. If there is no evidence to support these claims, the charges may be dismissed.

Facing domestic violence charges is a grave matter, but an accusation is not a conviction. Securing a robust defense is crucial for safeguarding your future and your rights. If you are charged, please don’t hesitate to contact an attorney at Spangler Law.