Forceful Defense Against Domestic Violence Charges in East Texas
There Are Two Sides to Every Story
Domestic violence allegations are some of the most emotionally charged cases in the legal system. Police are often called to a chaotic scene and are under pressure to make an arrest, frequently without knowing the full context of the situation. Unfortunately, this means that false or exaggerated accusations are common, especially during contentious divorces or custody battles. Prosecutors in East Texas pursue these cases vigorously. You need an attorney who will listen to your side, conduct a thorough investigation, and challenge the state's narrative at every turn.
Understanding Domestic Violence Charges
In Texas, domestic violence is not a single crime but a category of offenses committed against a family member, household member, or someone you are in a dating relationship with. The most common charges include:
Assault Family Violence
This is the most frequent charge. A first offense is typically a Class A Misdemeanor, but it can be enhanced to a third-degree felony if you have a prior conviction or if the assault involved choking or impeding breath.
Aggravated Assault Family Violence
This is a first-degree felony charge that alleges the assault caused serious bodily injury or involved the use or exhibition of a deadly weapon.
Violation of a Protective Order
Simply contacting a person in violation of a court's protective order can lead to a new criminal charge, even if the contact was invited by the alleged victim.
Continuous Violence Against the Family
If a person is accused of committing two or more domestic assaults within a 12-month period, they can be charged with this third-degree felony, even if the prior assaults were not prosecuted.
The Hidden Penalties of a Family Violence Finding
A conviction for domestic violence carries life-altering consequences that go far beyond jail time or fines. An "affirmative finding of family violence" on your record means:
- Loss of Firearm Rights: You will be permanently banned from possessing a firearm under federal law.
- Child Custody Issues: It creates a presumption that you are a danger to your children, which can severely impact your custody or visitation rights.
- A Permanent Stain: Unlike many other offenses, a domestic violence conviction can almost never be sealed or expunged from your record. It is a permanent mark.
How We Defend Against Domestic Violence Allegations
Asserting Self-Defense
You have the right to defend yourself from harm. We meticulously gather evidence—photos of your injuries, witness statements, threatening text messages—to prove that you were the one who was attacked and that your actions were justified.
Exposing False Allegations
Accusations are sometimes used as leverage in a divorce or custody dispute. We investigate the accuser's motives, look for inconsistencies in their story, and expose any history of false claims to demonstrate their lack of credibility.
Challenging the "Victim's" Statement
Often, the accuser will later want to "drop the charges." While only the prosecutor can do that, an Affidavit of Non-Prosecution can significantly weaken the state's case. We can help prepare this document and present it to the DA.
Lack of Corroborating Evidence
The state's case may be based solely on the word of the accuser. We emphasize the lack of independent evidence—no visible injuries, no credible witnesses, no supporting medical records—to argue that the state cannot meet its burden of proof.