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A Texas domestic violence charge is something that you need to take incredibly seriously, because our state definitely does. Texas recognizes three different crimes related to domestic violence, and all of them come with the potential of incredibly severe penalties.
How severe?
• If you are charged with class A misdemeanor domestic violence, you face up to a year in jail and/or up to $4,000 in fines.
• If you are charged with third degree felony domestic violence, you face up between 2 and 10 years in prison and/or up to $10,000 in fines.
• If you are charged with second degree felony domestic violence, you face up between 2 and 20 years in prison and/or up to $10,000 in fines.
• If you are charged with first degree felony domestic violence, you face up between 5 and 99 years in prison and/or up to $10,000 in fines.
Domestic Assault Defense Strategies
The main job of an experienced domestic assault criminal defense attorney is to investigate the case and develop defense strategies for the various charges that have been filed. Obviously, every case is different, involving a different set of facts; therefore, not every case requires the same defense strategy. But the sooner you hire a lawyer, the sooner he or she can begin working on the defense plan and make sure you get the full amount of protection the law allows.
General Assault Defenses
If the charge is simple assault, there are certain defenses that can be used, though they might not be appropriate in every case.
• Mistaken Identity: One defense is that the victim has accused the wrong person. In some cases, particularly when the assault is between strangers, the defense of mistaken identity can be used. Was the area of the assault dark? Was the area of the assault crowded? Did the victim truly get a good look at the defendant, or is the victim relying on hearsay?
• False Accusation: A victim could be falsely accusing someone to get revenge upon that individual. This could stem from multiple scenarios, ranging from business relationships to personal or romantic relationships. There is no telling what someone could make up if they are feeling angry enough and full of revenge. In other instances, there may be false allegations leveled against someone in order to gain leverage in divorce settlement proceedings or even a child custody matter.
Family Violence Assault Defenses
Defenses to a family violence assault charge focus mainly on technicalities related to definitions in the law.
• Questioning Strangulation: In the absence of medical evidence that corroborates the testimony of the alleged victim, whether the breathing or blood flow of the alleged victim was actually impeded may be a question of fact for a jury to decide. As that may rest on the credibility of the alleged victim, attacking the credibility of that witness may offer the best defense. Also, if the alleged victim does not have medical or other evidence showing a strangulation, this could be a valid defense.
Continuous Violence Against A Family Defense
Many of the above defenses can be used with this charge. But there is also a time aspect to this charge, so that defense could be exploited as per the definition of the crime in the statute.
• Timeframe: Being found guilty of this crime requires multiple acts of assault against a family member over a 12-month period. If it can be shown that there were not multiple acts of assault during that period, this charge can be dismissed.
Accident
0:00 How To Beat A Domestic Violence Case: A Former Prosecutor Explains!
0:45 What is the penalty of Domestic Violence Charge?
01:35 What would be the punishment if someone get hurt?
02:40 What is client/attorney confidentiality?
03:30 What is the regular Assault Misdemeanor charge defence? (Mistaken Identity)
04:20 How can “False Accusation” help your case?
05:00 What about “Assault by Threat?”
06:05 How can “Vague Statement” help you in defending your case?
07:31 Remember: unintentional behavior is not a crime!
07:53 Remember: inoffensive contact is not a crime!
08:20 How can acting in “Self Defense” save you?
09:50 What is the defense of “Consent?”
10:35 How to beat the “Family/Domestic Violence” assault?
10:56 How to beat the “Strangulation” assault?
11:52 Remember: consider “False Allegation” as your potential defense!
