Defense Against Domestic Violence Charges
Emotions can flare when topics of a sensitive nature are up for debate. We know how it is; one thing leads to another, the situation gets out of hand, police are called and we all know they’re taking somebody to jail.
Sometimes, it’s the wrong person.
Domestic Assault And Society
Domestic violence is the willful intimidation, physical assault, battery, sexual assault and/or other abusive behavior as part of a systemic pattern of power and control perpetrated by one intimate partner against another. SOURCE
According to The National Coalition Against Domestic Violence, there were 76,704 reported victims of abuse by spouses or former spouses in the state of Texas in 2013. This statistic does not include non-reported incidents or those between non-married partners. Equally grim is the statistic that in 2014, Texas domestic violence hotlines answered 185,373 calls in 2014.
Family Violence And Texas Law
In Texas, a charge of domestic assault can apply not only to spouses, but to other household members, blood relatives, and current or past dating partner(s) are assaulted and injured. Men can be victims of domestic abuse the same as women.
To be convicted of domestic violence, the prosecution must prove that the following elements of assault were met:
- the assault was inflicted knowingly, intentionally or recklessly, and
- the assault caused bodily injury,
- The accused intentionally or knowingly threatened another person with imminent bodily injury, or
- Intentionally or knowingly caused physical contact with another that the offender knew or reasonably should have known the victim would find provocative or offensive.
Since proving harmful intent and recklessness is mandatory for prosecutors to gain a conviction, you’ll benefit from a sharp lawyer on your side. Paul is thorough with each case presented to our law firm. Paul will get to know every detail of your case.
Attorney Paul Morgan will be prepared to rebut any false testimony or misrepresented facts presented in court. If you need to consult with Paul about any questions or concerns you may have about your case, call the law office at 713-364-0209.
Criminal Penalties For Family Violence
Domestic violence assaults are classified in Title 5 of the Texas penal code – assault into three broad categories. They are simple domestic assault, aggravated assault and a pattern of continuous violence against the family.
Penalties are based on whether the charge is a misdemeanor assault or a felony assault. The lowest level is a Class C misdemeanor causing bodily injury but without aggravating circumstances. A Class A misdemeanor is the most common misdemeanor in family violence cases. It is punishable by up to one year in a state jail and a $4,000 fine.
Misdemeanor assaults are followed by felonies in the third, second and first degree. A first-degree felony (aggravated assault), can carry off a penalty of not less than five years and up to 99 years in prison including a fine capped at $10,000.
Accused Of Assault On A Family Member?
You’ll Need Paul Morgan, A Dedicated, Detailed Lawyer
More often than not, the prosecution will become enamored with a battered wife or become blinded by criminal history. This leads to overzealous prosecution on cases with factually innocent defendants. Nevertheless, you need high-quality representation in these types of cases.
Fighting domestic violence charges can be complex.
All consultations are 100% confidential