Let’s face it, no one plans on being arrested for a domestic violence charge.
If you’re in such a predicament, knowing your rights is pivotal for ensuring your voice is heard and justice prevails. Whether you’re the accused person or you’re concerned about a loved one, contact our law firm for help.
Tad Nelson & Associates has helped people fight back against family assault charges since 1995. Depending on the details of your case, we’ll know which defense strategies to consider and which ones to avoid.
If you have questions about securing legal representation for your case, let’s talk about it. We provide free case reviews, and we welcome you to contact our law office to speak with an experienced criminal defense attorney. We can be reached at 713-659-0909.
Domestic Violence & Texas Law
Texas Penal Code § 22.01(a)(1) defines assault offenses. In Texas, domestic violence cases aren’t taken lightly. Here’s a breakdown of assault offenses in Texas.
- Assault: Causing bodily injury to another intentionally, knowingly, or recklessly.
- Aggravated Assault: Per Texas Penal Code § 22.02, this is assault with the addition of causing serious bodily injury or using a deadly weapon during the assault. A conviction carries heavier penalties due to the nature of the offense.
- Assault on a Family Member: This is any assault offense, as defined above, committed against a family member, household member, or a current or former dating partner.
When Justice Stumbles
False Arrests for Assault
We’d love to say that justice is always fair, but that’s a lie. False arrests for assault aren’t uncommon. Here are a few scenarios that can lead to a false arrest.
- Misinterpretation of Facts: An argument might have been blown out of proportion, or someone might have misread a situation, leading to an unwarranted call to the authorities.
- Malicious Intent: Sometimes, a party might make a false claim out of spite or to gain the upper hand in situations like custody battles.
- Insufficient Evidence: Arrests can be made even when there’s limited or no concrete evidence. These arrests can be based solely on a claim.
Potential Defenses Against Assault Charges
Every case is unique. Our seasoned legal team knows the best defenses for certain types of cases. We’ve listed a few of our main defense concepts below. If one of them fits your situation, call us. We can probably help you get your case dismissed.
- Lack of Intent: Maybe you didn’t intend to cause harm, or it was an accident. Intent plays a crucial role in determining the outcome.
- Self-Defense: Protecting oneself from harm is an inherent right. If you were defending yourself, it’s a viable defense.
- Mistaken Identity: It’s not unheard of for someone to be accused simply because they were in the wrong place at the wrong time.
- Consent: In some situations, if there was mutual consent for a certain act that led to the charges, it could serve as a defense.
Potential Criminal Penalties in Texas
- Assault: Criminal classification for assault can range from a Class A misdemeanor to a third-degree felony, which means potential penalties range from up to a year in county jail to 10 years in prison.
- Aggravated Assault: This is usually a second-degree felony, which can mean 2 to 20 years in prison. However, if committed against a family member with a deadly weapon, it becomes a first-degree felony with potential penalties ranging from 5 years to life imprisonment.
- Assault on a Family Member: The consequences can vary based on the circumstances and history of the accused. A first-time offender might face a Class A misdemeanor, but repeat offenses can escalate the charges to third-degree felonies.
Your Rights, Your Fight
The Constitution of the United States ensures that you have the right to a fair trial, the right to remain silent, and the right to an attorney.
At Tad Nelson & Associates, knowledge is one thing, but commitment is another. With the distinction of Houston criminal defense lawyer Tad Nelson’s Board Certification in Criminal Law by the Texas Board of Legal Specialization, we’re not just lawyers, but aggressive advocates of justice.
If you or a loved one need help with domestic violence charges in Houston, let us help. Call us at 713-659-0909 or schedule a visit to one of our offices. We operate law offices in Galveston, Houston, and League City.
Let us help.
