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Stress, financial issues, and the overall pressures of daily life can lead to various issues. One issue for many couples and families across Texas is domestic violence.
However, domestic violence isn’t simply brushed under the rug and treated as an argument between people who live together. In Texas, it can be a crime that can lead to harsh penalties that can dramatically impact your life.
What does the state of Texas consider domestic violence, and what consequences are faced by those convicted of this crime? Read on to find out all you need to know.
Under Texas law, domestic violence falls under the state’s assault statutes. The penalties for assault against a person in your household, a family member, or someone you are dating can be subject to additional consequences in cases where there were prior assaults. The state of Texas does recognize violence between family and household members even under these assault statutes and outlines what acts committed constitute family violence.
Family violence occurs in Texas in situations where any of the following apply:
The state considers household and family members to be people who share any of these relationships:
When crimes happen between those with these relationships, it can be considered family violence. Any crime can be considered family violence, though the most common are assault and aggravated assault. Kidnapping, unlawful restraint, stalking, and homicide are also often charged in connection with family violence.
Assault is a very specific crime under Texas law. It is committed when someone carelessly or purposefully causes bodily injury to another person or threatens them intentionally with impending bodily injury. It is also perpetrated when someone engages in offensive or provocative contact intentionally. And when any of these actions are taken against someone in your household or family, it is considered domestic assault.
Aggravated assault is perpetrated when the assault causes bodily injury to someone else or the use of a deadly weapon in the commission of the crime. Deadly weapons are considered items such as knives, ropes, firearms, and even baseball bats.
The penalties for domestic violence in the state cover a wide range. They can be a Class C misdemeanor or a first-degree felony. What you are charged with depends on a few different factors, including:
When the court looks at your criminal history, your record does not need to reflect convictions for previous domestic violence crimes. An arrest for domestic assault or other domestic violence crime is enough – and the victim does not even need to be the same person.
The penalties you face depend on the crime you have committed. In general, Texas provides the following penalties for these charges:
A Class A misdemeanor in Texas is punishable by up to 12 months behind bars and fines of as much as $4,000.
A third-degree felony can put a person in prison for up to 10 years and make them responsible for fines of as much as $10,000.
A second-degree felony in Texas can send a person to prison for up to 20 years and result in fines of as much as $10,000.
A felony at this level can lead to a prison sentence of up to 99 years and can include the order to pay fines of as much as $10,000.
Domestic assault, for example, can be charged as either a Class A misdemeanor or a third-degree felony. Aggravated domestic assault can result in a first or second-degree felony charge, depending on the circumstances involved in the crime.
If you are facing charges involving family violence in Texas, then you need an experienced attorney on your side. They can help guide you through the court process, making sure you understand each step and that your rights are defended.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
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