Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
Domestic violence cases can be complex and both parties may feel like they have not been treated fairly throughout the process. Although the prosecution in a criminal case is required to establish proof beyond a reasonable doubt, domestic violence defendants often believe that the presumption is guilty unless proven otherwise.
Even when the accuser does not have a documented injury, as a defendant, it is important to be proactive immediately by securing the help of a Midland domestic violence attorney. A considerate domestic violence defense lawyer can be imperative when you are facing a no contact order, which can be personally damaging and may have a substantial impact on a pending or future child custody case.
Domestic Assault Charges
There are three specific acts that could lead to a person being charged with assault in Midland. Assault is knowingly, recklessly, or intentionally causing physical injury to another person. Assault is also knowingly or intentionally causing physical contact with a person that the accused knows or should know that the other person would find provocative or offensive.
Domestic violence is when any form of assault occurs against family members, current or former partners, those living with the accused, or a person with whom the accused previously lived.
As such, threatening to punch a former spouse, who lives and is currently in another state, via telephone, is not likely considered domestic assault because the person making the threat does not have the present ability for the other person to believe that they are at risk for imminent physical injury. That threat could, however, lead to other criminal charges.
Aggravated Domestic Assault
Aggravated domestic assault is a more serious charge than just domestic assault. It is elevated by the extent of the accuser’s injury and/or use of a deadly weapon at any point during the assault. When the accuser’s injury is serious, such as bone fractures or any other injury that requires hospitalization or surgery, the charge may be elevated to aggravated domestic assault.
Additionally, when the accuser is threatened or assaulted during an assault and the accused is alleged to have used a knife or gun, the domestic assault charge in Midland can be elevated. Non-lethal weapons can also constitute deadly weapons, when they are used as such.
Swinging at a sibling’s head with a metal bat can constitute aggravated domestic assault even if the bat does not connect because it could have caused serious injury.
When a person is alleged to have committed two domestic assaults in one year, they may be charged with continuous violence. Being charged with this offense does not require the accused to have been charged with or convicted of the two alleged prior assaults. It also does not require that the accuser be the same in both incidents.
Contacting a Midland Domestic Violence Attorney
If you have been charged with domestic violence in Midland, Texas, an experienced domestic violence lawyer in Midland can ensure that you do not collapse under the pressure of the pending charge by ensuring that you understand your rights and legal options.
Any criminal conviction can have an impact on an individual’s future, but a domestic violence conviction has a particularly negative connotation. Let an experienced Midland domestic violence attorney help you protect your rights.