If you have been charged in Amarillo, TX, get in touch with Tisdell Law Firm. We have extensive experience in defending against domestic violence charges and are well-versed in the complex domestic violence laws in Texas.
Texas Domestic Violence Laws & Penalties
Domestic violence includes any violent acts or threats between people who share a particular kind of relationship, such as a spouse, domestic partners, or family members. Many states, including Texas, considered domestic violence, also referred to as family violence, as a serious crime. This includes physical violence, coercive control, threat of violence, economic abuse, and various other acts.
In Texas, domestic violence cases can also have family law implications. For example, a parent who is convicted of domestic violence could lose child custody or visitation rights, and get other restrictions on parental rights. Generally, the court bases its judgment on the best interest of the child, and domestic violence can play a key role in that.
Penalties for Domestic Violence in Amarillo, TX
Domestic assault is when a person recklessly or intentionally causes bodily injury or harm to another person or threatens another individual with violence. Intentionally engaging in provocative or offensive contact is also considered domestic violence.
If the defendant has no prior domestic violence convictions, a first offense is considered a misdemeanor, which can lead to a maximum fine of $4000 and up to a one-year jail term. With a prior history of such crimes, the defendant could face 10-year prison sentences with more than $10,000 in fines.
In the case of aggravated domestic assault, the crime can be considered a first-degree felony, the penalties can be a lot more severe, including life imprisonment. A second-degree felony could result in a prison sentence of up to 20 years and hefty fines.
The court can show some leniency to first-time offenders and might place the defendant on probation under special conditions such as regular check-ins with probation officers or police, mandatory counseling sessions, and intervention programs.
What Do You Do If You Are Arrested for Domestic Violence?
If police officers have probable cause to believe someone has committed domestic violence, they have the right to make an arrest without having a warrant. If you’ve found yourself in such a situation, it’s best not to confront or argue with law enforcement officials.
Anything you do or say could undermine your case. Even if you feel you are being unfairly arrested, you should stay calm. As soon as you can, you should contact an attorney to get expert counsel on your best legal options. An attorney can help you understand your rights and build a strong defense against the criminal charges.
In some cases, your attorney can get you bail, but that might come with certain restrictions such as staying away from or having no contact with the alleged victim, prohibiting possession of a firearm or deadly weapon, and/or GPS monitoring. If the court has ordered a restraining order, you should follow it. Any violation can lead to serious consequences.
Defenses Against Domestic Violence Allegations in Amarillo, TX
There are several types of legal defenses against domestic violence allegations. The defense strategy for your case will depend on several factors, including the available evidence. Your attorney can challenge and scrutinize the evidence presented by the prosecution.
Another common defense in such cases is to prove that your actions were a result of trying to protect yourself or others from harm. Other common defenses against domestic violence allegations in Amarillo, TX, include lack of corroborating witnesses or lack of intent.
Experienced Legal Counsel from Tisdell Law Firm
Hiring an experienced criminal defense attorney is vital. With their expert legal guidance, rest assured you are doing everything you can do to protect your rights. With their understanding of criminal law in Texas, they can help you navigate the complexities of such cases and build a strategic defense plan against the domestic violence charge.
They also have experience in negotiation with the prosecution to help reduce the family violence charges against you. In addition, with their familiarity with local courts and extensive network of experts, they work towards achieving the best possible outcome for your case.
Time is of great importance in domestic violence cases. You want to get a lawyer involved in the process as early as possible. To schedule a free consultation with an Amarillo domestic violence lawyer at Tisell Law Firm, call us.
