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In the heat of the moment, a seemingly dumb argument between siblings, roommates, spouses, or family members can escalate into a physical altercation. We see it every day. Unfortunately, even though this is a common occurrence, it can also be criminal.
If you were recently arrested on a charge of domestic violence in the state of Texas, it is important that you understand your legal options and how this arrest can impact your future.
Our Grapevine domestic violence lawyers will explain the specific charges levied against you, help you understand what penalties you may face upon conviction, and work to construct a strong defense on your behalf. Retaining a skilled criminal defense attorney from our firm is crucial to ensuring your case proceeds as smoothly as possible and results in a positive outcome.
Under the Texas Penal Code, domestic violence may occur against anyone with whom the alleged offender is or was in a romantic relationship with, as well as relatives by blood or marriage, or people with whom they live. In Texas criminal courts, instances of domestic violence are prosecuted under the same statutes that govern simple and aggravated assault.
A person can be charged with domestic assault if he or she intentionally, knowingly or recklessly causes bodily injury, threatens to cause bodily injury, or causes physical contact in a provocative or offensive way. See Texas Penal Code Section 22.01.
A person can be charged with aggravated domestic assault if he or she intentionally, knowingly or recklessly caused someone to suffer serious bodily injury or uses a deadly weapon during the assault. Texas Penal Code Section 22.02.
If someone commits two or more of the aforementioned offenses within a period of 12 months, they may be charged with continuous family violence.
Regardless of whether you have a previous history of domestic assault or not, you should contact one of our Grapevine attorneys if you are facing any domestic violence charges.
Although they are governed by the same Texas statute, domestic assault charges typically result in harsher penalties upon conviction than simple assault charges. A first offense of domestic assault is a class A misdemeanor punishable by up to one year in jail and a fine of $4,000, whereas simple assault may be prosecuted as only a class C misdemeanor in certain cases.
Anyone who has previously been convicted of domestic assault, or continuous family violence, would be charged with a third-degree felony, punishable by two to ten years in prison and a maximum of $10,000.
Finally, anyone convicted of aggravated domestic assault usually face a second-degree felony, punishable by 2 to 20 years in prison. However, the charge can be elevated to a first degree felony, punishable by up to life in prison, if a deadly weapon was involved or serious bodily injury occurred, that is Aggravated Assault Deadly Weapon – Family Violence.
Given the potential consequences, it is crucial to find a defense attorney with the experience and skills to mitigate your circumstances. Our team of domestic violence lawyers in Grapevine can help.
Allegations of domestic violence in Texas can result in proceedings in both criminal and family courts. These cases can get messy and emotions often run high. Our team has the expertise and finesse to navigate the most complex domestic violence case. We will work to preserve your freedom and help you see the light at the end of the tunnel.
Our Grapevine domestic violence lawyers be your steadfast and staunch ally throughout every stage of your criminal case. Call Varghese Summersett today to schedule a free initial consultation with our legal team.