What is Mortgage Fraud?
Getting charged with mortgage fraud can feel like your life is falling apart. Whether you were buying a house or refinancing
Read MoreCall 24/7 For A Free Consultation
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.
Getting charged with mortgage fraud can feel like your life is falling apart. Whether you were buying a house or refinancing one, being accused of lying on mortgage paperwork may result in serious federal charges. And it doesn’t just affect …
Facing federal child pornography charges is one of the most overwhelming experiences anyone can encounter. These accusations carry devastating penalties that can alter your life permanently, from prison time to sex offender registration. Moreover, the legal process is intricate and …
Under federal criminal law, “trafficking” cases cover a wide range of alleged illegal activities related to the transportation, sale, and distribution of drugs, as well as other forms of illegal trade, such as human trafficking or arms trafficking. These cases …