Fort Bend County Domestic Violence Lawyer
Arrested for domestic violence? Let us defend your rights.
Were you arrested after being involved in an altercation with a family
member? If so, you could be charged with one of three crimes: domestic
assault, aggravated domestic assault or continuous violence against the
family. Although there is no specific statute for domestic violence in Texas,
an assault will be considered “family violence” if the victim is:
- Your current or former spouse
- Your child, step-child or foster child
- Someone with whom you share a home
- Someone that you are or were dating
- The other parent of your child
- One of your family members
Being arrested for domestic violence is no small matter. If you are facing
charges for family violence in Texas, it is imperative that you speak
with a Fort Bend County criminal lawyer at The Sims Law Firm, PLLC. With
experience as a former prosecutor, our lead attorney can provide the aggressive
defense that you need.
Call now to schedule your free consultation.
How Domestic Assault Is Defined Under the Law
You could be charged with domestic assault if you assault a family member,
household member or dating partner. Apart from your relationship to the
victim, all of the elements for domestic assault are the same as
simple assault—which includes harming another person, threatening to harm another
person or touching another person in an offensive manner.
If you have no prior domestic assault convictions, you would be charged
with a Class A misdemeanor. This offense is
punishable by up to one year in jail and $4,000 in fines. If you have a prior conviction on your record, you could be charged with
a third degree felony. This offense is punishable by two to 10 years in
state prison and $10,000 in fines.
The Penalties for Aggravated Domestic Assault
If you have been accused of committing an aggravated assault against your
spouse, family member or household member, you could be charged with aggravated
domestic assault. While similar to domestic assault, your charges could
be elevated if you intentionally or recklessly cause serious bodily injury
to the victim or use or exhibit a weapon during the assault.
The penalties for aggravated domestic assault
- Two to twenty years in prison
- Maximum of $10,000 in fines
- Payment of victim restitution
If a deadly weapon was used and the victim was seriously injured, you could
be charged with a first degree felony.
If you are convicted, you could face up to 99 years in prison and $10,000
Continued Violence Against the Family
In the state of Texas, you could also be charged with the crime of “continuous
violence against the family” if you have been accused of committing
two domestic assaults in the span of 12 months. What makes this particularly
tricky is that you don’t actually have to be arrested or convicted
of either offense. It also doesn’t have to be proven that the two
assaults were committed against the same victim. Under state law, this
offense is a third degree felony, which means that you could face up to
10 years in prison and $4,000 in fines if you are convicted.
Get the Aggressive Criminal Defense That You Need
If you have been charged with domestic violence, you have no time to waste.
The sooner you contact a
criminal defense attorney in Fort Bend County, the better it could be for your case. Protect your
future by scheduling a
free initial consultation with The Sims Law Firm, PLLC today. When you hire us, you won’t
be treated like just another number – we treat all of our clients
like they are our own family.