Collin County Family Violence Lawyer Domestic Abuse Defense

Domestic violence (or family violence) cases are one of the most serious types of assaults in Collin County. They can potentially have life-long effects on those who have been charged.

This charge is one piece of the county’s assault docket — for the full picture of how we defend these cases locally, start with our Collin County assault defense overview.

The Collin County District Attorney’s Office has a specialized unit designed to prosecute domestic violence cases. Prosecutors pursue these cases to the fullest extent of the law, often regardless of whether or not the victim wants to be prosecuted. This is why you must hire a Collin County family violence lawyer who is skilled in defending domestic violence cases.

The goal of every Collin County family violence lawyer at Varghese Summersett is to keep our clients out of jail and avoid a family violence conviction that will negatively impact your future. In this video and article, our attorneys break down the different types of domestic violence cases in Texas and the potential ramifications they can have.

Domestic violence (or what is commonly referred to as family violence) is when someone intentionally, knowingly, or recklessly causes bodily injury to a family member.

In Texas, someone can be considered a “family member” for purposes of prosecution if the alleged victim is someone is married to, lives with, cohabitates with, or is in a dating relationship to the accused. This can include former spouses, former partners, those who share a child, a foster child or parent, siblings, or even roommates.

Domestic violence cases can be charged and prosecuted in a number of ways in Texas. A person can face a fine up to life in prison for these offenses. Every case will depend on the facts involved in the alleged offense. Here are some of the offenses for domestic violence:

1. Assault by Contact – occurs when someone intentionally or knowingly threatens someone with imminent bodily injury OR intentionally or knowingly causes physical contact that the actor knows would be regarded as offensive or provocative contact. This is a Class C misdemeanor.
2. Assault Family Violence – occurs when someone intentionally, knowingly, or recklessly causes bodily injury to a family member. This is a Class A misdemeanor.
3. Continuous Family Violence – occurs when someone is found to have committed 2 or more acts of family violence within a 12-month period. This is a third degree felony.
4. Assault of a Family Member with a Prior Conviction – occurs when someone commits an act of family violence and is found to have a prior family violence assault. This is a third-degree felony. For purposes of this offense, the person doesn’t need to be convicted of assault family violence. Anyone placed on deferred adjudication for an assault family violence could be enhanced to a third degree felony.
5. Strangulation (or “choking”) – occurs when someone intentionally, knowingly, or recklessly impedes the normal breathing or circulation of one’s blood by applying pressure to the person’s throat or neck or blocks the person’s nose or mouth. This is also a 3rd degree felony.
6. Strangulation with Prior Conviction – if a person has had a prior family violence assault and is charged with strangulation, he or she can be enhanced to a 2nd degree felony.
7. Aggravated Assault of a Family Member – occurs when someone intentionally or knowingly causes serious bodily injury to a family member and uses a deadly weapon during the commission of the assault. This is a first degree felony.

A Class C assault charge is punishable by up to a $500 fine.

A person charged with a Class A family violence offense faces up to a year in jail and up to a $4000 fine.

Someone charged with the third degree offenses of Continuous Family Violence, Assault of a Family Member with a Prior Conviction, or Strangulation faces up to 10 years in prison and up to a $10,000 fine.

A second-degree offense for Strangulation with a Prior Conviction carries a range of punishment up to 20 years in prison and up to a $10,000 fine.

Finally, someone charged with Aggravated Assault of a Family Member faces up to life in prison and up to a $10,000 fine.

Family violence cases can impact someone’s life in many different ways and have the potential to impact their life forever. The future implications that these cases can have is one of the main reasons why you must hire a skilled Collin County family violence lawyer.

1. They have the potential to be used against you in the future. If someone is placed on deferred adjudication and there is a finding of family violence, it cannot be non-disclosed after the successful completion of probation. This means it will stay on your record forever. A prosecutor can also use it later on to enhance a family violence assault to a third or even second degree felony.
2. Family violence cases can affect your ability to own or possess any firearm or ammunition.
3. They can also negatively impact someone’s immigration status or future application for citizenship.

If you are charged with domestic violence, it’s vital to talk to a skilled Collin County family violence lawyer attorney who has the experience needed to defend these allegations. Every case is different and great outcomes are dependent upon a number of factors.

At Varghese Summersett, we have handled thousands of assault and family violence cases both as prosecutors and as defense attorneys. There is nothing that we haven’t seen. We have the experience you need in your corner. Call (214) 903-4000 for a free consultation with an experienced Collin County family violence lawyer.