Assault Family Violence
Austin Domestic Violence Defense Attorney
Domestic violence or family violence is one of the most serious misdemeanor offenses you can face in Texas. If you are convicted, it can affect not only your professional and personal reputation, but your relationship with your family and loved ones. Additionally, domestic violence charges are often coupled with restraining orders, protective orders, or orders to move out of your home. These orders restrict your freedoms as an individual and family member. Most criminal charges are financially taxing, but a domestic violence charge can be emotionally stressful as well.
If you are charged with a domestic violence or family violence assault, contact an attorney immediately. Do not speak to the police, the complaining witness, or anyone other than your attorney. Any statement you make may be used against you.
Central Texas Domestic Violence Lawyer
The State of Texas aggressively prosecutes cases when there is an alleged victim. This is why you need to mount an aggressive defense. The State of Texas is working against you. You need someone working for you. The lawyers at Smith & Vinson Law Firm will work for you. We represent client’s accused of domestic violence assault in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and around the Central Texas area. Contact us now for a free consultation at 512-549-6339
There are three different types of domestic violence charges in Texas: domestic assault, aggravated domestic assault, and continuous violence against the family.
Domestic/Family Violence Assault
A domestic/family violence assault occurs when the assailant:
- intentionally, knowingly or recklessly causes bodily injury to another person
- intentionally or knowingly threatens another person with imminent bodily injury; or
- intentionally or knowingly causes physical contact with another that the offender knows or reasonably should know the complainant will find provocative or offensive.
Additionally, both the complainant and the assailant must be a member of the same family or household. Current dating partners are considered “family members,” even if you do not live together. If this is your first offense, domestic assault is a Class A Misdemeanor. If you have any prior domestic violence convictions, including a Class C Misdemeanor conviction, a future domestic violence charge can be elevated to a third-degree felony.
Aggravated Domestic Assault
An aggravated domestic assault occurs when a domestic assault either causes serious bodily injury or is committed using a deadly weapon. As with domestic assault, both the assailant and the complainant must be members of the same family or household, or be romantic partners. An aggravated domestic assault is a second-degree felony, unless it both causes serious bodily injury and is committed with a deadly weapon. In that case, it is a first-degree felony.
Continuous Violence Against the Family
Once you have committed two domestic violence crimes, the third one can be charged as continuous violence against family. You can be charged with this crime even if you have not been arrested or convicted of the other two crimes and even if the complaining witnesses are different people. This is a third-degree felony.
Fighting a domestic violence charge is similar to fighting an assault charge. Police will often arrest domestic violence suspects on very little evidence. Even the smallest domestic disturbance can lead to an arrest, especially if the complainant claims to have been physically threatened or harmed. Often, there is very little evidence other than the statement of the complainant who, in many cases, will change his or her story over time. While all the same defenses are available in a domestic violence case as in an assault case, getting the case dismissed is often the better strategy. However, even if the complainant wishes not to press charges or is against prosecution, the State can, and often will, continue to prosecute. Because of this, you need a skilled attorney who can tactfully and effectively interview the complainant and any witnesses, gather any evidence, and negotiate with the prosecutor.
If you are facing domestic violence charges, you need help now. Whatever the circumstances are that led to your charge, defense lawyers Jarrod Smith and Brad Vinson are here to listen. Call Smith & Vinson today and let us fight for you.
Austin Criminal Defense Lawyers
If you have been arrested or charged with an assault offense in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas contact Smith & Vinson Law Firm.
At Smith & Vinson Law Firm, we take your assault charges seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that will fight for you from day one to get the best possible resolution for your case.
Contact our office today for a free initial consultation.
NOTE: This information is not legal advice. It is provided for educational use only. If you need legal advice regarding a criminal offense in the State of Texas, please contact Smith & Vinson Law Firm at 512-549-6339