A domestic violence charge in Lubbock can lead to many penalties and consequences, such as steep fines and even incarceration. An accusation of domestic violence is not to be taken lightly, as families, relationships and reputations are all at stake.
When you’re facing a difficult situation like this, you want someone on your side who listens with patience and understanding. It is beneficial to have the help of an experienced Lubbock domestic violence attorney who has in-depth understanding of the local legal system.
Under Title 4, Sec. 71.004 of Texas Penal Code, family violence can be defined by the following conditions:
- The action is directed toward a member of the assailant’s family or household
- It is a threat that instills reasonable fear of physical harm, bodily injury, assault, or sexual assault
- It is intended to inflict physical harm or injury
- It is intended to result in assault or sexual assault
- It is not an act to defend oneself
Under this same code, dating violence is defined by similar actions. However, in this instance, the alleged act is towards someone with whom the accused has or has had a romantic or intimate relationship. (Texas Penal Code Title 4 Sec. 71.0021.)
Various factors will be taken into account, such as the kind and frequency of interaction between the parties, which will determine whether or not such a relationship in fact existed. Establishing whether or not such a relationship existed between the accuser and the accused can speak to the accuser’s credibility and play an important role in building your case.
Domestic Violence Penalties
Both family and dating violence can carry harsh penalties. The severity of domestic violence charges in Lubbock may range from a class C misdemeanor, to a second degree felony, which may come with a 20 year prison sentence.
As with other crimes, the severity of punishment may increase if someone is facing a second or third assault conviction. It is therefore imperative to build a strong defense in order to minimize the negative impact of these charges on someone’s record.
If convicted, an individual may also face unexpected consequences, for instance, such as not being to own a firearm for five years following conviction, and even afterwards, their use of firearms will be severely restricted.
Being accused of dating or family violence carries a serious stigma, which can impact someone’s ability to build future relationships. After leaving a situation wrought with accusations, they can obtain the chance to start fresh.
Just as one should feel safe from violence in their own home, one should feel free from unfair allegations that could alter the course of their life.
How an Attorney Can Help
In a domestic violence case in Lubbock, it will be your lawyer’s job to help establish what really happened and who, if anyone, was at fault. Sometimes words can be misconstrued as a threat, an act of self-defense can be falsely reported as assault, or an angry family member can file a false report altogether.
Whether or not this is the case, our experienced Lubbock domestic violence lawyers will listen to all sides and work to achieve the most favorable outcome possible for you.