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Houston Domestic Violence Lawyer
Facing domestic violence charges can be an overwhelming experience. These accusations often bring about life-altering consequences, both personally and legally.
Whether the accusations are baseless or not, the reality is that domestic violence charges in Texas can have far-reaching implications for your future. That’s why having a Houston domestic violence lawyer by your side is essential, regardless of your case’s circumstances.
The following is a look at the different types of domestic violence charges, the penalties you can face, and why working with a Houston domestic violence lawyer with Benavides Law Group can protect your freedom and future.
Houston domestic violence lawyer Eric Benavides has more than 15 years of experience fighting for the rights of people facing charges similar to yours. He’s helped dismiss the cases of hundreds of clients and argued successfully on behalf of many others in court.
Eric received the honor of being named a Texas Super Lawyers Rising Star in 2020 – less than 3% of attorneys in the state receive that type of recognition.
You can visit the Benavides Law Group at 2180 North Loop West Suite 310. Our office is just north of I-610 and slightly to the east of ETC Jester Blvd. Please call (713) 222-2828 for your free consultation.
Types of Domestic Violence Charges and Their Penalties in Texas
Domestic violence in Texas falls under several categories, each carrying varying penalties. These charges include assault causing bodily injury, aggravated assault, and continuous family violence. Understanding these categories can help you see the potential consequences you might face and the seriousness of the charges.
Assault Causing Bodily Injury to a Family Member
This is one of the more common charges in domestic violence cases. In Texas, if you’re accused of causing any physical pain, injury, or impairment to a family or household member, you can be charged with assault causing bodily injury.
While this charge is typically a Class A misdemeanor, it can increase to a felony after a prior conviction or if the alleged assault involves strangulation or choking.
A Class A misdemeanor carries up to one year in jail and fines of up to $4,000. However, if the charge increases to a felony due to strangulation, the penalties increase significantly.
Felony charges can lead to years in prison, along with the long-term consequences of being labeled a felon, which can impact job opportunities, housing, and more.
Aggravated Assault
Aggravated assault involves more serious acts of violence, typically including the use of a weapon or causing serious bodily harm. Domestic violence charges often arise after an alleged use of a deadly weapon or an altercation causes severe injuries.
Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000. If certain aggravating factors exist, like previous domestic violence convictions, the charge can escalate to a first-degree felony, which can mean a life sentence.
Continuous Family Violence
Texas law also recognizes continuous family violence, a charge that applies when there are two or more incidents of domestic violence within 12 months. This charge doesn’t require both incidents to involve physical violence. Even threats of violence or emotional abuse can be enough to warrant this charge.
Continuous family violence is classified as a third-degree felony, which carries penalties of 2 to 10 years in prison and up to $10,000 in fines. This charge can be particularly harsh because it paints a picture of an ongoing pattern of abuse, even if the incidents were minor or the alleged victim has since forgiven you.
Why You Still Need a Houston Domestic Violence Lawyer Even if the Victim Drops the Charges
Many people believe that the case will automatically go away if the alleged victim decides not to pursue the charges.
Unfortunately, that’s not how domestic violence cases work in Texas. Once law enforcement is involved, the state can proceed with the case, even if the victim no longer wishes to press charges.
Prosecutors take domestic violence cases very seriously, and they often proceed even without the victim’s cooperation. They may use other evidence, such as police reports, witness testimony, or medical records, to build their case.
In these situations, a Houston domestic violence lawyer becomes even more essential. Your defense attorney can work to challenge the evidence being used against you, question the reliability of witnesses, and present a strong defense that aims to protect your rights.
It’s important to remember that the prosecutor’s goal is to secure a conviction. Just because the victim doesn’t want to testify doesn’t mean the charges will automatically be dropped. Without legal representation, you can face serious consequences, including jail time, fines, and a permanent criminal record.
Ways Your Attorney Could Help Get Your Case Dismissed or Your Penalties Reduced
A skilled Houston domestic violence lawyer can explore several legal avenues to get your case dismissed or minimize the penalties you face. Here are some strategies they might use to defend you:
Questioning the Credibility of Evidence
In domestic violence cases, the evidence presented by the prosecution often plays a critical role in determining the outcome of your case. Police reports, witness statements, medical records, and even photographs of alleged injuries can all be used to build a case against you.
However, your lawyer will carefully analyze the evidence, looking for inconsistencies or weaknesses that can undermine the prosecution’s argument.
For example, police reports can sometimes be incomplete, inaccurate, or biased. Officers arriving at the scene of a domestic dispute may make assumptions or errors in judgment based on the emotions and chaos of the moment.
Your lawyer will scrutinize the police report for inaccuracies and use those to cast doubt on the prosecution’s case. In addition, if witnesses give conflicting statements or their recollections don’t align with other facts, your lawyer can expose these inconsistencies to challenge their credibility.
Medical records also require careful examination. If the alleged victim’s injuries don’t align with their statements or if the medical records show a history of similar injuries from other incidents, it can weaken the prosecution’s case.
By effectively challenging the reliability of the evidence, your lawyer can create doubt in the minds of the jury or judge, which can lead to a dismissal or reduction of charges.
Highlighting Self-Defense or Defense of Others
Self-defense is a legitimate and often powerful defense strategy in domestic violence cases. If you protected yourself or someone else during the alleged incident, your defense attorney can justify your actions under Texas law.
Texas recognizes your right to defend yourself when faced with an immediate threat of harm, and this defense can be used to either dismiss the charges against you or significantly reduce the penalties you face.
To build a strong self-defense claim, your lawyer will gather as much evidence as possible to support your version of events. This evidence might include eyewitness testimony from people who saw the incident unfold, security camera footage, or even text messages and emails that provide context for the altercation.
Your domestic violence defense attorney might also introduce evidence of the alleged victim’s history of aggression or violence, if applicable.
Negotiating Plea Deals
While the goal is often to secure a dismissal of charges, negotiating a plea deal can sometimes be the best strategy for avoiding the harshest penalties. Prosecutors may reduce charges or recommend lighter sentencing in exchange for a guilty plea to a lesser offense.
An experienced domestic violence defense attorney can assess whether negotiating a plea deal is in your best interest and, if so, work to secure the most favorable terms possible.
Plea bargaining can result in reduced charges that carry lesser penalties, such as lowering a felony charge to a misdemeanor. For instance, instead of facing the long-term consequences of a felony conviction, your lawyer can negotiate a deal where you plead guilty to a lower charge, resulting in minimal jail time or probation.
In some cases, your lawyer can negotiate a deal that allows you to avoid jail time altogether in exchange for completing a rehabilitation program or community service.
Filing for Pretrial Diversion Programs
If you’re a first-time offender, you may be eligible for a pretrial diversion program, which can help you avoid a criminal record and jail time. These programs are designed to offer rehabilitation rather than punishment, allowing defendants to address underlying issues such as anger management or substance abuse.
Your attorney can explore whether a pretrial diversion program is an option in your case. If you’re eligible, your lawyer will work to enroll you in the program, which typically requires you to complete counseling, community service, or other court-ordered conditions.
Once you complete the program, the charges against you are often dismissed, and you can move forward without a criminal conviction on your record.
However, pretrial diversion programs aren’t available in every case, and prosecutors often reserve them for defendants who show genuine remorse and a commitment to rehabilitation.
Your Houston domestic violence lawyer can help present your case in a way that increases the likelihood of being accepted into one of these programs, giving you a chance to avoid the lasting consequences of a domestic violence conviction.
Why You Need to Hire a Lawyer Immediately
When facing domestic violence charges, hiring an attorney immediately can significantly impact the outcome of your case. Here’s why taking quick action is important:
Early Legal Intervention Can Protect Your Rights
From the moment of your arrest, anything you say can be used against you. Without a lawyer, you might unintentionally say something that can harm your case, even if you believe you’re explaining your side of the story.
A Houston domestic violence lawyer will immediately step in to protect your rights, advising you on how to interact with law enforcement and what to avoid saying.
They’ll also ensure that the authorities don’t violate your rights during the investigation process. For example, they’ll make sure that any evidence collected was obtained lawfully. If law enforcement oversteps its bounds, your lawyer can work to have that evidence thrown out.
Evidence Can Be Lost or Destroyed Over Time
Key evidence that can exonerate you may not last forever. Witnesses’ memories fade, security footage gets overwritten, and physical evidence can deteriorate. By hiring a Houston domestic violence lawyer right away, you allow them to act fast and preserve important evidence that can support your defense.
Your attorney can issue subpoenas to obtain security footage, gather statements from witnesses while their memories are still fresh, and work with experts to analyze physical evidence. The sooner your lawyer can start building your defense, the more effective it will be.
Preparing a Strong Defense Takes Time
Building an effective defense strategy takes time, and your lawyer will need to thoroughly investigate the charges against you. They’ll interview witnesses, examine the prosecution’s evidence, and gather supporting documentation to bolster your case.
The earlier they begin this work, the more time they’ll have to build a compelling defense that increases your chances of a favorable outcome.
If your case goes to trial, your attorney will need time to prepare for cross-examination, identify key legal arguments, and develop strategies to challenge the prosecution’s case.
Delaying your decision to hire a lawyer only limits the time they have to prepare, which can weaken your defense.
Early Negotiations Could Lead to a More Favorable Outcome
Prosecutors often appreciate early cooperation from defendants, and hiring a lawyer quickly shows that you’re serious about resolving your case. Your attorney can begin negotiating with the prosecution early in the process, potentially securing a dismissal or reduced charges before the case escalates.
Eric Benavides, Houston Domestic Violence Lawyer
A Houston domestic violence lawyer can be your strongest advocate, helping you understand the charges against you and exploring every possible avenue to get your case dismissed or your penalties reduced.
Don’t wait until it’s too late – contact Houston criminal domestic attorneys at Benavides Law Group online or call (713) 222-2828 as soon as possible to start building your defense and protecting your future.
Our Houston Office Location
2180 North Loop,
West Suite 310
Houston, TX 77018
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It is VERY IMPORTANT to fight for a dismissal on these types of cases. Every domestic violence case is different, so for specific questions, please feel free to contact me directly at 713-222-2828. You can also contact me about your domestic violence case by filling in the following information. The first consultation is always free.