Let’s go over domestic violence laws. Domestic violence is the use of force in domestic situations that results in bodily harm that the recipient viewed as offensive or provocative. To have a case, a prosecutor must be able to establish beyond reasonable doubt that the defendant performed said act intentionally or knowingly. The prosecutor may also provide evidence proving the defendant’s actions.
Know the specifics of the Texas domestic violence laws and to have a knowledgeable attorney in your corner.
The elements of domestic abuse include assault against a family member, household member, or a current or past dating partner. If the person in question intentionally, recklessly, or knowingly caused bodily harm or injury, threatened to cause bodily harm or injury, or caused physical contact that could be considered provocative or offensive. Some possible defenses for domestic cases include lack of knowledge, self-defense, or claims that it was unintentional or a mistake.
The consequences of a domestic violence charge vary. You could be charged with a “Class C” misdemeanor, which carries a penalty of one year in jail and a fine. You could even charged with a first- degree felony, which carries a penalty of five to ninety-nine years in prison and a fine of no more than $10,000. The defendant will be charged with a class A misdemeanor if they knowingly, recklessly, or intentionally caused bodily harm to another, including a spouse. However, Texas law does carve out various situations depending on the type of violence involved and the situation that led up to the incident.
Factors of domestic violence outcomes
The primary factors that decide the outcome are the victim’s relationship to the defendant, the defendant’s past criminal record, and whether strangulation or suffocation was involved. Aggravated domestic assault is classified as intentionally, recklessly, or knowingly causing serious bodily harm to someone else with the use or display of a lethal weapon while committing an assault. This is classified as a first-degree felony if a lethal weapon is involved and serious bodily harm is done and resulted in hospitalization or surgery. If a person has committed two domestic assaults in the past year, they can be convicted of continuous violence against the family, which is a third-degree felony. The previous assaults didn’t need to result in a conviction or arrest and not necessarily committed against the same people.
Please note that state laws are subject to change at any time and domestic violence charges are some of the most serious cases. A conviction can change not only your life but your family’s in so many ways. If you’ve been charged with violating Texas domestic violence laws, get in touch with a defense attorney like Daniel Clancy. You may not be able to get a job or custody of your children if you havie a charge on your permanent record that is linked to domestic violence. This is why you must get in contact with a defense attorney as soon as possible.