In Texas, the most common types of domestic violence criminal charges include assault causing bodily injury, threatening a family or household member, aggravated assault with a deadly weapon, and continuous violence against the family.
These charges often arise from conflicts involving spouses, dating partners, roommates, or family members. Even a first offense can carry severe penalties, including jail time and a permanent criminal record.
If you face one of these charges, a skilled criminal defense attorney can protect your rights and fight for the best possible outcome.
An experienced domestic violence lawyer in Houston, Texas will examine the facts of your case, challenge weak or false evidence, and raise defenses such as self-defense or lack of intent. They can also negotiate with prosecutors for reduced charges or dismissal and represent you in court if your case goes to trial.
With so much at stake, having a knowledgeable attorney can make a significant difference in your future.
Key Takeaways
- Domestic violence includes more than physical abuse.It can involve emotional abuse, threats, stalking, harassment, or sexual assault.
- Victims and offenders may be family or household members.This includes spouses, exes, roommates, parents, children, or people in a dating relationship.
- Texas law defines domestic violence broadly.Charges can arise from physical harm, threats of harm, or even unwanted physical contact.
- A conviction carries severe penalties.These can include jail time, fines, protective orders, and a permanent criminal record.
- Felony charges are possible.Repeated offenses, choking, or use of a weapon can elevate charges to felony-level crimes.
- Protective orders can be issued quickly.Courts may impose restrictions on your movements, communications, and access to your home or children.
- False accusations can occur.Even without physical evidence, a complaint can lead to arrest and prosecution.
- Domestic violence impacts future rights.Convictions may affect gun ownership, employment, custody, and immigration status.
- Legal representation is critical.Whether you’re facing charges or are a victim seeking protection, a skilled criminal defense lawyer can guide you through your rights and legal options.
Types of Domestic Violence Criminal Charges in Texas
In Texas, domestic violence is not a specific criminal charge on its own. Instead, it refers to a category of crimes involving violence or threats of violence against a family member, household member, or someone the offender is dating or has dated. Several criminal charges may fall under the umbrella of domestic violence, depending on the facts of the case and the nature of the relationship between the people involved.
One of the most common charges is assault causing bodily injury. This charge applies when someone intentionally, knowingly, or recklessly causes physical harm to a partner, spouse, or relative. Even minor injuries like bruises or scratches can lead to this charge if the victim is considered a protected person under the domestic violence laws.
Another related charge is threatened assault, which occurs when a person threatens another with bodily injury and the victim believes the threat is real. No physical contact is needed for this to count as domestic violence, as long as there is a credible threat and a qualifying relationship between the people involved.
Aggravated assault is a more serious charge that includes the use of a deadly weapon or results in serious bodily injury. This can be charged as a felony and often carries harsher penalties when domestic violence is involved.
Continuous violence against the family is another serious charge. It applies when someone commits two or more acts of domestic assault within 12 months. The individual incidents do not have to lead to arrests or convictions, but they must be proven to show a pattern of abuse.
Other charges that may count as domestic violence include sexual assault, harassment, unlawful restraint, stalking, violation of a protective order, and criminal mischief (like damaging property belonging to a family member). If any of these crimes are committed against someone in a domestic relationship, they may be classified as domestic violence offenses.
Possible Penalties for a Domestic Violence Crime Conviction in Texas
In Texas, a conviction for a domestic violence crime can lead to severe legal penalties, depending on the severity of the offense, whether a weapon was used, the extent of injuries, and the defendant’s prior criminal history. Domestic violence is not a separate offense under Texas law—it refers to crimes like assault, sexual assault, or stalking when they are committed against a family member, household member, or someone in a dating relationship. The punishment can range from a fine to a lengthy prison sentence.
- A Class C misdemeanor is the lowest-level charge, typically involving threats of violence without any physical contact. The penalty for this offense is a fine of up to $500, with no jail time.
- If the domestic violence involves bodily injury, the charge is often a Class A misdemeanor. It can result in up to one year in county jail and a fine of up to $4,000. Many first-time domestic violence cases fall into this category if there are minor injuries.
- If the defendant has a previous domestic violence conviction or if the offense involves choking or strangulation, the charge can be enhanced to a third-degree felony. A conviction for a third-degree felony can lead to 2 to 10 years in prison and a fine of up to $10,000.
- More serious injuries or the use of a deadly weapon can lead to a charge of aggravated assault, which is usually a second-degree felony. It carries a penalty of 2 to 20 years in prison and a fine of up to $10,000. If the victim suffers serious bodily injury and a weapon is involved, the charge can become a first-degree felony, punishable by 5 to 99 years or life in prison and a fine up to $10,000.
- In some cases, if a person commits two or more domestic assaults within a 12-month period, they can be charged with continuous violence against the family, a third-degree felony. This charge does not require that the prior assaults led to arrests or convictions—just that they occurred.
Texas prosecutors and courts treat domestic violence very seriously. Conviction of even a misdemeanor can result in jail time and steep fines. Felony convictions carry much harsher penalties and often include years in state prison.
Possible Collateral Consequences for a Domestic Violence Crime Conviction in Texas
In Texas, a conviction for a domestic violence crime can result in more than just legal penalties, such as jail time or fines. Many people also face serious collateral consequences, which are additional effects that come with having a criminal record. These consequences can impact a person’s life long after they’ve served their sentence.
One major collateral consequence is the loss of gun rights. Under both Texas and federal law, a person convicted of domestic violence—especially if it involves physical harm or the use of force—can lose the right to own or carry firearms. It can affect careers that require gun ownership, such as law enforcement or military service.
A domestic violence conviction can also make it harder to find employment. Many employers conduct background checks, and a violent offense on your record may cause them to deny you a job. It is especially true in fields that require trust, such as education, healthcare, or childcare.
Housing can also become a challenge. Landlords may deny housing applications based on criminal history, especially if the crime involved violence. It can limit a person’s options for stable and safe living conditions.
In family law cases, a domestic violence conviction can affect child custody and visitation rights. Courts may see the convicted parent as a threat to the child’s safety, and this can lead to restricted visitation or even loss of custody altogether.
Some people may also face immigration consequences. If the person convicted is not a U.S. citizen, certain domestic violence charges can result in deportation, denial of a visa, or being barred from reentering the country.
Additionally, a domestic violence conviction can damage a person’s reputation and relationships. Friends, family members, and others in the community may treat the individual differently, and rebuilding trust can be difficult.
Finally, those with a domestic violence conviction may be unable to seal or expunge their criminal record. In many cases, Texas law does not allow people convicted of violent crimes to have their records cleared, meaning the conviction can follow them for life.
Successfully Defending Against a Domestic Violence Charge in Texas
If you are facing a domestic violence charge in Texas, you can raise one or more legal defenses depending on the facts of your case. A defense doesn’t guarantee that the charge will be dropped, but it may help reduce the severity of the punishment or lead to a dismissal or acquittal. These defenses must be supported by evidence and are typically used with the help of a skilled defense attorney.
- One common defense is self-defense. If you can show that you used force to protect yourself from being harmed by the alleged victim, you may not be guilty of domestic violence. For example, if your partner hit you first and you acted to protect yourself, you can claim that your actions were necessary and reasonable under the circumstances.
- Another possible defense is the defense of others. It applies when you use force to protect someone else, such as a child or another family member, from immediate danger or harm.
- Lack of intent is also a possible defense. Texas law requires that the defendant acted intentionally, knowingly, or recklessly. If the incident was truly an accident—like bumping into someone or dropping something that injured them—then you may not be guilty of a criminal offense.
- A false accusation is another defense. Sometimes, people make up stories of abuse out of anger, revenge, or to gain an advantage in a divorce or custody case. The case may be dismissed if you show that the accusation is false or the evidence doesn’t support the charge.
- No visible injuries or insufficient evidence may also support a defense. If there’s no medical report, witness, or physical proof of harm, the prosecution may have a hard time proving the case beyond a reasonable doubt.
- Finally, constitutional violations—such as an unlawful arrest, illegal search, or failure to read your Miranda rights—can lead to certain evidence being thrown out. This can weaken the prosecution’s case significantly.
Raising a strong defense is critical in domestic violence cases, where the penalties and consequences can be severe. A qualified criminal defense attorney can examine the facts, protect your rights, and effectively present your side of the story in court.
FAQs
Why do I need a criminal defense lawyer in a domestic violence case in Texas?
An experienced defense lawyer can protect all of your rights. They can defend against criminal charges, challenge false allegations, and represent you during all courtroom legal proceedings.
What is considered domestic violence in Texas?
Domestic violence includes any act of physical harm, threats, assault, or abuse against a family or household member or someone in a dating relationship. Emotional and verbal abuse can also be part of a pattern of domestic violence.
Who qualifies as a household or family member?
Spouses, former spouses, romantic partners, parents, children, roommates, and even foster family members can fall under the domestic violence statute.
What are the penalties for a domestic violence conviction?
Penalties range from Class A misdemeanors to third-degree felonies. Consequences may include jail time, fines, restraining orders, probation, and loss of gun rights.
Can someone be arrested without physical evidence?
Yes. In many cases, an officer can make an arrest based on a victim’s statement or signs of injury, even without eyewitnesses or physical proof.
Can domestic violence charges be dropped?
Not automatically. Even if the alleged victim recants, only the prosecutor can choose to drop charges, often based on available evidence.
What happens immediately after a domestic violence arrest?
After an arrest, the police will take you to jail for booking.
A judge will set your bond amount at a hearing. The judge will also likely issue an Emergency Protective Order (EPO) that prohibits you from contacting the alleged victim, returning to your shared home, or going near their work or school for a period of 61 to 91 days. Violating the EPO is a separate crime.
Can the alleged victim have the charges dropped?
No. In Texas, the state's prosecutor, not the alleged victim, controls the case. Once charges are filed, the prosecutor decides whether to proceed, offer a plea deal, or dismiss the case.
A prosecutor will often pursue the charges even if the victim recants their story or asks for the case to be dropped. They will use other evidence, such as the 911 call, police body camera footage, and photos, to try and secure a conviction.
Will I definitely go to jail for a first-offense domestic violence charge?
Jail time is a real possibility even for a first-offense misdemeanor, which carries a sentence of up to one year in county jail. However, an acquittal, a dismissal, or a plea bargain for a lesser charge or deferred adjudication could help you avoid jail and a final conviction.
Your lawyer will analyze the evidence and advise you on the best strategy to pursue to protect your freedom and your future.
Speak to a Knowledgeable Texas Criminal Defense Attorney Right Away
If you have recently been charged with a domestic violence crime, a skilled Texas criminal defense lawyer can help. Your attorney will aggressively advocate for your legal rights and pursue the best possible result in your criminal case. Don’t delay, a skilled lawyer is standing by.