WACO DOMESTIC VIOLENCE ATTORNEYS

Aggressive Legal Representation for Domestic Violence Charges in McLennan, Comal, Hayes and Guadalupe Counties

In Texas, the law says that a person is guilty of assault if they "intentionally, knowingly or recklessly cause bodily injury to another person, including the person's spouse." Furthermore, the law also describes a bodily injury as any impairment in physical condition or pain. As you can see, this is a pretty low legal threshold.

If you have been charged with this offense, turn to Milam & Fanning, PLLC. Our Waco domestic violence attorneys are ready to provide aggressive defense representation for you. Serving Lorena, the Baylor University area, and all of McLennan County, we are prepared to provide the level of counsel you need in the face of assault or domestic violence charges.

Are you facing a domestic violence charge in Texas? Call Milam & Fanning, PLLC, today at (254) 237-5602 or contact us online to schedule a consultation with our domestic violence lawyer in Waco!

Understanding Domestic Violence in Texas

Domestic violence refers to a pattern of abusive behaviors used by one person in a relationship to gain and maintain power and control over another person in the same household or family.

It can occur in various types of relationships, including intimate partner relationships (spouses, dating partners), familial relationships (parent-child, siblings), and even in non-marital cohabitation situations.

Domestic violence can have severe and long-lasting physical and psychological consequences for the victims. It is a serious social issue that is not limited to any particular gender, age, or socioeconomic group, although women are disproportionately affected.

Types of Domestic Violence

Domestic violence encompasses a range of behaviors that can lead to serious legal consequences. Understanding the types of domestic violence can help individuals recognize the severity of the issue and the importance of legal representation if accused. 

Here are the primary types of domestic violence recognized in Texas:

• Physical Violence: This includes any act that causes bodily harm to a family or household member. Common examples are hitting, slapping, pushing, or using weapons. 
• Emotional or Psychological Abuse: Emotional abuse involves manipulating or controlling another person through threats, intimidation, or humiliation. This can include constant criticism, gaslighting, and isolation from friends and family. 
• Sexual Abuse: Sexual abuse includes any non-consensual sexual contact or behavior. This can range from coercion and unwanted touching to rape. In Texas, consent is a crucial element, and any sexual act without clear consent is considered a crime.
• Economic Abuse: Economic or financial abuse occurs when one partner exerts control over another’s financial resources. This can include restricting access to money, withholding financial information, or sabotaging employment opportunities. The goal is to make the victim financially dependent on the abuser.
• Stalking: Stalking involves repeated, unwanted contact or surveillance that causes fear or distress. This can include following, harassing, or threatening a partner. In Texas, stalking is considered a crime and can lead to serious legal repercussions.
• Verbal Abuse: Verbal abuse encompasses any language used to belittle, insult, or threaten another person. It can include yelling, name-calling, and making derogatory comments, all of which can have lasting emotional effects on the victim.
• Neglect: In cases involving children, neglect can be a form of domestic violence. This includes failing to provide for a child's basic needs, such as food, shelter, or medical care. Neglect can also involve emotional neglect, where a child is not given the attention or support they need.

Potential Penalties for Domestic Violence in Texas

In Texas, the penalties for domestic violence can vary significantly based on the severity of the offense, the circumstances surrounding the incident, and the defendant's criminal history.

Here’s an overview of the potential penalties associated with domestic violence charges:

Misdemeanor Domestic Violence

Domestic violence offenses are often classified as misdemeanors, particularly if they involve minor injuries or no injuries at all.

Class A misdemeanor is the most serious misdemeanor charge for domestic violence in Texas. Penalties can include up to 1 year in jail, fines up to $4,000, community service and mandatory counseling or rehabilitation programs.

Felony Domestic Violence

If the domestic violence incident results in significant injury, involves a weapon, or if the accused has prior domestic violence convictions, the charges may be elevated to felonies.

• Third-Degree Felony: This may apply if the victim suffers bodily injury. Penalties can include 2 to 10 years in prison, fines up to $10,000 and probation.
• Second-Degree Felony: This can apply if the assault involves serious bodily injury or if the accused has prior convictions for domestic violence. Penalties can include 2 to 20 years in prison and fines up to $10,000.
• First-Degree Felony: In cases where domestic violence results in serious injury or involves a deadly weapon, the charges can be elevated to a first-degree felony. Penalties can include 5 to 99 years or life in prison and fines up to $10,000.

Call our skilled Waco domestic violence attorneys at (254) 237-5602 or fill out our online form today to begin your defense journey!

Strategic Defenses for Domestic Violence Allegations

Depending on the case, there are different defenses that may be available to a person who has been accused of domestic violence:

• The most common defenses to assault are self-defense and consent - Self-defense is probably the most familiar one. It says that a person has a right to use a reasonable amount of force to defend him/herself. Consent is another possibility — if two people decide they are going to settle things in a fistfight, the loser of that fight can’t cry "assault!"
• Provocation and retaliation are not valid defenses to assault or domestic violence - Provocation would involve a situation where someone gets in your face and says rude or annoying things in an attempt to get under your skin, causing you to assault him/her. Retaliation, of course, is where you attack someone because this person first did something to you or someone else.

Time Limits for Domestic Violence Prosecution in Texas

The statute of limitations on domestic violence in Texas is two years because it is usually classified as a misdemeanor. A charge of continuous violence against the family charge is a felony, so the statute of limitations is three years.

Not every prosecutor immediately files charges against an alleged offender. In some cases, the State may want to gather more evidence for the possibility of a trial. The penalty for a domestic assault charge, without any aggravating factors, is normally a Class A misdemeanor. For a person to be charged with continuous violence against the family, he or she must have a history of domestic assault.

Understanding the Process of Dropping Assault Charges in Texas

In Texas, assault charges can not be dropped by the victim even if they ask the prosecutor. The only person that can drop the charge is the prosecutor. Prosecutors will even go forward with the case of assault with bodily injury in Texas without the victim's cooperation. This is commonly referred to as “The State picking up an assault charge.”

The State will use other witnesses to try to prove the assault charge at trial. Also, the State has the ability to subpoena the “victim” in a case. If the person does not show up to court, the State can get what is called a writ of attachment ordering a Sheriff’s Deputy to go out, find the person and bring them to court.

Consequences of Domestic Violence Convictions in Texas

If the complaining witness in your case is a family member or a roommate, you may have the phrase "family violence" tacked on to the end of your charge. There are two key elements of a family violence charge that you need to know about. First, if you are convicted, you may never again possess a firearm or ammunition. Second, if you are charged with another "family violence" offense, it can be enhanced to a third-degree felony.

Understanding whether certain defenses or enhancements apply to your case can be quite confusing. That's what our law firm is here for. Set up a consultation with one of our Waco domestic violence lawyers. We will talk through the entire event and arrest with you, helping you create an effective strategy. 

We now represent throughout Comal County, Hayes County, Guadalupe County, and New Braunfels. Let our team represent you today!

Get expert defense now! Call our Waco domestic violence lawyers at (254) 237-5602 or contact us online today to get started on your defense!