Domestic violence covers a wide array of criminal behaviors that can have very serious consequences. Various criminal charges can arise from an alleged domestic violence incident, depending on the actions involved and any resulting bodily harm. If you are accused of any criminal offense concerning a family or household member, you may wish to contact a Frisco domestic violence lawyer for advice.
A dedicated defense lawyer may be able to investigate the facts related to your situation and determine what options are available to you. You could also develop a strong defense to the charges with the help of practiced legal counsel.
Frisco Domestic Violence Charges
Although assault is the primary charge that often stems from a domestic violence incident with a family or household member, other criminal charges can be filed, as well, depending on the circumstances. For instance, criminal charges such as sexual assault, aggravated assault, and deadly conduct all can result from a domestic violence situation.
Under Tex. Pen. Code § 22.01, assault involves various actions that cause or run the risk of causing bodily injuries to others. Some examples of these actions might include:
- Hitting, kicking, and shoving
- Strangling or choking
- Throwing heavy objects
- Threatening to inflict bodily harm
If an assault involves a deadly weapon or results in serious bodily injury to others, it can be charged as aggravated assault, which is a more serious charge with potentially harsher penalties. Any allegations can be extremely serious, so consulting with a Frisco domestic violence lawyer may be important.
When is an Offense Considered Domestic?
For a simple or aggravated assault to become a domestic assault or a domestic violence offense, it must involve individuals who meet the definition of family or household members. A household member includes anyone who lives together, regardless of their relationship. However, this definition also covers anyone who has ever lived together, pursuant to Tex. Pen. Code § 71.006.
Likewise, family members under Tex. Pen. Code § 71.003 include individuals who are related by blood, adoption, or marriage. It also includes those who are separated, divorced, or who share a child, regardless of whether they currently live together or formerly lived together.
Potential Penalties a Person May Face
A simple assault is normally charged as a Class A misdemeanor, but the charge can increase to a third-degree felony if it is a domestic assault and the accused has a previous conviction for domestic violence. Whereas the potential penalties for a Class A misdemeanor can include up to one year in jail and a fine of up to $4,000, the penalties for a third-degree felony can include a prison sentence ranging from two to ten years and a $10,000 fine.
Additionally, if someone commits assault against a family or household member two times or more within one year, Tex. Pen. Code § 25.11 authorizes a charge of continuous violence against the family. This offense also is a third-degree felony offense. When felony charges arise from a domestic violence scenario, it may be particularly important to speak with a Frisco domestic violence attorney.
A Frisco Domestic Violence Attorney Could Help
Domestic violence situations tend to involve strong emotions and actions that do not accurately represent a person. Nevertheless, it can have serious consequences that go well beyond a potential jail sentence and a fine, as your Frisco domestic violence lawyer may be able to tell you.
As a result, you may find it much more difficult to further your career and some careers may become completely out of reach. You also may forfeit other civil rights if you are convicted of a felony that may adversely affect your life on a long-term basis. To find out more about the charges you are facing, call today.