Houston Criminal Defense Attorney for your Domestic Violence Case

Added: (Wed Jan 25 2012)

Pressbox (Press Release) - Domestic violence is treated very seriously in Texas. You can be charged with domestic violence for various types of conduct, from threatening a spouse or girlfriend to attacking a family member with a deadly weapon. An injury is not a prerequisite to an assault charge.
In family violence, a police officer can arrest you on the spot without witnessing the incident. Indeed, the Texas laws suggest he has almost no discretion if a credible claim of abuse is made. All he needs is probable cause, such as witness statements or injuries, to believe that you made serious threats or committed violence.
The court system is on steroids when it comes to family violence cases. Expect a high bond initially to be set in Harris County, Texas, until a protective order is entered. Even if the complainant does not want a protective order, it is up to the judge—who is elected, after all, and fears retribution from powerful interest groups against family violence—to decide whether to enter a protective order.
The elements of a domestic violence assault are the same as the elements of simple assault on any other person, as set by the Texas Penal Code. They are:
1. Intentionally, knowingly, or recklessly causing bodily injury to someone else.
2. Intentionally or knowingly threatening someone else with imminent bodily injury.
3. Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
You can see that it does not take a whole lot for a simple assault to occur. Throwing your keys at someone, or grabbing their arm, can be a misdemeanor assault in Texas. What about using or exhibiting a deadly weapon? That is a felony—aggravated assault.
While there is not a specific “domestic violence” statute, an assault charge is considered domestic violence if the victim is a family member, former spouse, parent of a child in common, or someone with whom you are in a romantic relationship. If you plead to an assault involving family violence, the judge will make a finding of family violence and enter it into the record. This is true even if you get deferred adjudication.
Domestic violence penalties in Texas
A regular assault is a Class A misdemeanor, punishable by up to a year in a county jail, unless you have a previous conviction involving family violence. If so, it becomes a third-degree felony, carrying a possible 2 to 10 year prison sentence.
And for these purposes, a previous conviction is any family violence case in which you were found guilty, or pleaded guilty or nolo contendre, even if adjudication was deferred and you completed probation.
Aggravated assault against a family member is a second-degree felony, punishable by 2 to 20 years in a state prison. If you use a weapon and cause serious injury, the charge increases to a first-degree felony, which can mean up to life in prison. Think about that—that is the same maximum as murder or child molestation.
Probation, or community supervision, is an option in domestic violence cases. But this outcome is unlikely if you are a repeat offender.
Additional domestic assault penalties
If you are convicted on domestic assault charges, even if it’s a misdemeanor, you will not be able to possess a firearm for up to five years of the end of your sentence or community supervision. After that, you may only be allowed to have a gun at your home.
A domestic violence conviction will also likely be accompanied by a protective order. A judge can issue an order valid for up to two years prohibiting you from going near where the victim lives, works, or attends school, and the judge can require you to complete a battering intervention and prevention program run by the state. You also may have to pay the victim’s attorney fees.
Many of these domestic assault cases rely solely on an accusation from the complainant, with no corroborating witnesses. Defense strategies exist to challenge the prosecution’s case. It is imperative that you find the best attorney you can to fight the case. After all, the best defense is a strong offense.
Go to www.houstoncriminalattorney.com, for further details regarding criminal attorneys in Houston, Texas.

For more information contact
Neal Davis
http://houstoncriminalattorney.com/
Neal Davis Law Firm, PLLC
Commercial Bank Building
917 Franklin Street, Suite 600
Houston, Texas 77002
Telephone: (713) 227-4444