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THE CONSEQUENCES OF A DOMESTIC VIOLENCE CHARGE

Richard Davis May 26, 2021

If you have been charged with domestic violence, your first priority may be trying to figure out what happens next. According to the National Coalition Against Domestic Violence, 34.5% of Texas women and 35.1% of Texas men experience intimate partner violence in their lifetimes. Domestic violence charges are serious and, if convicted, the consequences can follow you for the rest of your life. 

With any kind of domestic battery charge, it is crucial to have an experienced and aggressive Texas criminal defense attorney on your side, and Rick Davis & Associates can help. We provide experienced legal services and comprehensive representation to clients facing domestic violence charges. We fight vigorously on your side to protect your rights and see that you are given fair treatment. Rick Davis & Associates is proud to serve clients throughout Bryan, Texas, and the surrounding communities of College Station, Brenham, Anderson, Washington County, and Caldwell.

Domestic Violence in Texas

According to the Texas Penal Code, domestic violence in Texas can be defined as any instance where someone uses force in a domestic situation to cause bodily injury, threatens to cause harm or bodily injury, or causes any form of physical contact with the other person that may be considered offensive by the victim. The victim in this case is a family member, cohabitant, household member, or a past or current dating partner.

There are three types of domestic violence categories in Texas: domestic assault, aggravated domestic assault, and continuous violence. 

Domestic Assault

Domestic assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person, intentionally or knowingly threatening another person with imminent bodily injury, or intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive. The assault in this case is against a family member, household member, or a current or past dating partner.

Aggravated Domestic Assault

Aggravated domestic assault has the same definition as domestic assault but is taken one step further. This occurs when the bodily injury is serious, or the assault involves a weapon. 

Continuous Violence

Continuous violence occurs when there are two assault crimes, whether aggravated or not, against a family member or partner within a 12 month period. The assaults do not need to be committed against the same person in order to qualify.

Possible Consequences of a Domestic Violence Charge 

As is the case with most crimes, every domestic violence case is different. Some domestic violence charges can be classified as a felony, such as continuous violence. Others might be classified as a misdemeanor. Under Texas Law:

  • Class A Misdemeanor: Up to one year in jail or a fine up to $4,000, or both

  • 3rd Degree Felony: From two to 10 years in prison and a fine up to $10,000

  • 2nd Degree Felony: From two to 20 years in prison and a fine of up to $10,000, and

  • 1st Degree Felony: From five to 99 years in prison and a fine up to $10,000.

If you are convicted of domestic violence, there are a variety of other consequences you could face as a result, such as:

  • Probation

  • Restraining order

  • Loss of job

  • Deportation

  • Loss of firearms

  • Loss of child custody/visitation

The consequences depend on a few factors, such as whether you have any domestic violence charges or other criminal convictions in your history, whether the assault was aggravated or not, your immigration status, and whether there are any children or substance abuse issues involved. 

Legal Defenses

There are a number of different legal defenses that exist for domestic violence charges. You can be falsely accused, completely innocent, lack intent for the crime, or be acting in self-defense. An experienced attorney will examine the details of your case and use these or other defenses in an attempt to pursue the best possible outcome for your unique situation.

How Rick Davis & Associates Can Help

While you can always rely on a public defender to handle your case, not having a skilled and experienced criminal defense attorney in your corner can always increase the risk of getting convicted and facing the maximum punishment for your charges. As an attorney with nearly 30 years of experience working within the criminal justice system, I am committed to protecting the rights and liberties of individuals faced with domestic violence charges. If you live in Bryan, Texas, or the surrounding communities of College Station, Brenham, Anderson, Washington County, or Caldwell, don’t face these charges on your own. Call or reach out to my firm, Rick Davis & Associates Attorneys at Law, today to schedule a free case evaluation.

Hire a Skilled Domestic Violence Defense Attorney

If you're facing domestic violence charges, don't face them alone. Contact Rick Davis & Associates today to schedule a free one-on-one case evaluation. Together we can sit down and discuss the details of your situation and outline an aggressive defense that can help protect your rights and fight for the best possible outcome for your case. Don’t wait. Call or reach out to my office today to learn more about how I can help you defend your name.