Richmond Domestic Violence Lawyer
Domestic violence and domestic abuse are considered serious crimes in Texas that may even lead to the issuance of protective orders or restraining orders, serving time in jail, or paying hefty fines. It refers to violence committed against another family member in the home which may take the form of controlling behavior, coercion, threats, or physical harm. Facing these charges is difficult, which is why you need an experienced domestic violence lawyer by your side.
If you’ve been accused of committing any of these, you need a powerful defense team to handle your case. At the Law Office of Annie Scott, our Richmond criminal defense attorney is experienced in criminal law, and we will help protect your freedom and constitutional rights. Our competent attorneys will evaluate your case and recommend the most effective defense strategy for you.
It’s not uncommon to have family disagreements. However, a relative or household member can commit domestic assault against a family member if they:
- Purposely or negligently causing bodily harm or injury to another family member
- Deliberately threatening another family member with bodily harm or injury, or
- Deliberately engaging in provocative or offensive contact with another family member
Hitting, choking, kicking, hair-pulling, or slapping are conducts that constitute domestic assault, as doing these things are threatening and can cause harm against another person.
In Texas, reckless behavior and offensive or provocative conduct are also considered domestic assault. So pushing your sister while having friendly fights, for example, can be an assault if she trips and becomes injured. Domestic violence can also be poking someone in the chest during an intense discussion, invading someone’s space, or touching someone in a sexually suggestive manner.
The Texas Family Violence program provides emergency shelter and support services for victims of domestic violence all throughout Texas.
Domestic Assault Penalties
There are two penalties for domestic assault: misdemeanor and felony.
- Misdemeanor. Domestic assault which involves threatening or provoking contact will constitute a Class C Misdemeanor, which is punishable by up to a $500 fine. If the victim suffers physical injuries the penalty will increase to a Class A Misdemeanor, which carries a fine of $4,000 and a jail time of up to 1 year.
- Felony. An assault will become a 3rd-degree felony if it involves a physical injury and the accused has any domestic assault convictions from the past, or if the offense involves suffocation or strangulation. If convicted of a 3rd-degree felony, the offender will be subject to a fine of $10,000 and imprisonment of at least 2 years and up to 10 years.
Aggravated Domestic Assault
An assault becomes an aggravated domestic assault in Texas if the offender causes physical injury to the victim, or the assault involves the use or display of a deadly weapon.
Serious physical injury includes injuries such as a broken bone, amputation, or any injury that requires hospitalization or surgery. Any object can be considered a deadly weapon if it’s able to cause serious physical injuries or death, and it is used in such a manner. Examples of deadly weapons include a hunting knife, rope, firearm, or baseball bat.
If a person commits aggravated domestic assault using a deadly weapon and causes physical injury to the victim, then they are guilty of a 1st-degree felony. If convicted, the offender may face life imprisonment and a fine of $10,000. Other aggravated domestic assault will result to a 2nd-degree felony, which will subject the individual to two years or even up to 20 years in prison, and a fine of up to $10,000.
Dealing with a domestic abuse case can be difficult, especially if you’re the one being accused. It is important to have someone on your side. Our Richmond domestic violence lawyer can help protect your rights and defend your freedom. Don’t hesitate to call our law firm in Texas if you’re domestic violence allegations or other criminal charges.
Assault Dismissed 2021
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If you’re charged with domestic violence, a seasoned criminal defense attorney will review the police report to gather any information that might help you build a strong defense:
- Recording or accounts of the incident
- Eyewitness testimony
- The accused and the victim’s emotional state
- Physical evidence as shown in the report (e.g. bodily injuries, signs of struggle, or violence)
- Old records or prior reports of violence filed against the alleged perpetrator
- Any inconsistencies in the police reports, the individual’s testimony, and the victim’s narration of events
Defend Yourself from Domestic Violence Charges
Based on these data gathered by our Richmond domestic violence lawyer, your defense may fall into any of these categories:
False Accusations Were Made
You can make two defenses. You can either claim that you didn’t commit the abuse or the accuser is lying. For the former, you may claim that you are innocent and the abuse was done by another person. You must show evidence proving your claim, that you have an alibi, and that you weren’t at the crime scene at the time of the abuse.
Under the latter, you may claim that a family member or your partner built a lie in order to get back at you for certain personal problems. For example, your spouse may claim that you have physically abused them after having a fight with you. Of course, you must prove that the abuse didn’t happen and provide evidence that the victim’s injury is inconsistent with the report.
The Incident was an Accident
You may claim that while you were present at the reported crime scene, you may claim that the inflicted injury was an accident, and not intentional. Your claim must be consistent and agree with the police reports.
If your actions were because you were defending yourself or your child from an assault, then you need to tell your domestic violence lawyer why the victim wants to use violence against you in the first place.
Errors in the Investigation Were Made
It is highly possible that during a criminal investigation, mistakes can be made that could lead to you being wrongly prosecuted for a crime you didn’t commit. This can happen when the police fail to read the Miranda rights before your arrest, your house was entered and searched without a warrant, or when the police fail to record your conversation with the interrogator.
Criminal charges shouldn’t be taken lightly as they can have lasting effects and consequences once you are convicted. It is important that you reach out to a skilled Richmond criminal defense lawyer early on in your case. Our Texas law firm is open to any of your legal concerns.
Contact us today at (281) 466-4118 to get legal help with drug charges, DUI or DWI cases, and other criminal charges in Richmond & Katy, Texas. Calls answered 24 hours a day/7 days a week by a live person.