Domestic violence can be a felony in Texas, depending on the circumstances. It can also be a misdemeanor. This could greatly affect how a conviction would affect your daily life and long-term goals.
Working with an experienced Houston family member assault lawyer near you could help reduce the severity of the charges you face or give you a better chance of never facing charges or clearing your name.
When Does a Domestic Violence Case Support a Felony Charge?
The severity of the charge used in a Texas family member assault case depends on several factors. This includes:
- What happened and the nature of the offense
- The extent of any injuries suffered by the victim
- If the accused party has prior convictions
- The relationship between the victim and the accused party
The accused party may face misdemeanor charges when there is no physical injury but threats of violence occurred. They will also likely face misdemeanor charges if the injuries are minor and the accused party has no previous history of family violence.
Cases where there are more serious injuries, the victim is strangled, or there is a history of family member assault are usually charged as felonies.
What Felony Charges Could I Face for a Domestic Violence Incident in Texas?
Even once they opt to file a felony charge in a case, there are a wide range of severities. Under Texas law, the charge could range from a third-degree felony to a first-degree felony. Each comes with its own potential consequences if convicted. Any felony conviction could call for time in prison and significant fines, so you will want an attorney from our firm to represent your best interests and fight to keep you innocent or reduce the potential sentence in your case.
- Third-Degree Felony: You will likely face third-degree felony charges if you have a previous arrest history for similar offenses or if the assault involved aggravating factors such as strangulation or suffocation. A conviction could result in two to 10 years in prison and up to $10,000 in fines.
- Second-Degree Felony: This charge is commonly used when an assault causes serious bodily injury. It could also be used if you have prior family violence felony convictions. The sentence for a second-degree felony can include two to 20 years in prison and a fine of up to $10,000.
- First-Degree Felony: When a victim suffers serious injuries, or there is a deadly weapon involved in the offense, you could face first-degree felony charges. This is a very serious accusation. A conviction could bring up to 99 years in state prison and a fine of up to $10,000.
When a family violence case involves significant injuries or the accused perpetrator is a repeat offender, felony charges are likely. In addition, some aggravating factors can increase the severity of the charges filed in these cases. Strangulation is one example.
How Will I Know If a Domestic Violence Case Will Be Charged as a Felony?
In general, many people learn the exact charges they will face and the severity of those charges during their arraignment. When you discuss your case with your lawyer, they may be able to provide insight into the most likely charges and what that could mean for your freedom and your future.
You will want to hire a family violence defense lawyer from our firm before your arraignment date arrives. When you have an attorney representing you early in your case, we can often help reduce the charges you face or clear your name before you ever face charges. Hiring an experienced attorney to manage your case as soon as possible after your arrest is the best choice you can make and the best resources to have on your side.
Still, facing a felony charge is not the end. Your attorney can develop a strong case strategy and defense and fight to get the charges dropped, have evidence barred from trial, or present strong evidence to show your innocence at trial.
What Are the Possible Defenses in a Felony Domestic Violence Case?
If you are arrested or face allegations of family violence, you want an experienced Houston assault defense lawyer from our firm on your side. Your lawyer will be able to assess your case, learn the facts, and build a strong and convincing defense. Some of the most common defenses in felony domestic violence cases include:
The Accusations Are False
In some cases, those accused of domestic violence are innocent. The accusations may come because of jealousy or revenge. For this reason, it is imperative to look at the relationship between the parties and determine if there is a reason why someone might make up allegations.
The Injury Was Unintentional
Domestic violence requires intent. If you can show that you did not intend to cause harm, it could allow you to clear your name. For example, imagine you bumped into a family member while falling and accidentally knocked them down.
It Was Self-Defense
Sometimes, it is difficult for law enforcement officers to determine who was the perpetrator in an attack. Self-defense is a viable defense in many family assault cases.
There Was Police Misconduct
When police officers make mistakes or violate your rights during your arrest or their investigation, it is possible to get the evidence they collected barred from the case. When police misconduct occurs, it could keep key evidence away from the jury. The prosecutors could drop the charges if they do not believe they have a strong enough case to proceed.
Discuss Your Misdemeanor or Felony Domestic Violence Allegations With Our Team Today
Blass Law will review your case during a confidential consultation. We can help you understand your options and answer your questions about the possible charges and consequences you could face. You can trust your attorney, Jay Blass Cohen, to build a strong case and fight for your freedom and future.
Contact us after your arrest or as soon as possible after you learn about the allegations against you.