Travis County Assault Family Violence Attorney
Facing Accusations of Domestic Violence in Travis County, TX?
Family violence, often referred to as domestic violence, is a serious issue in Texas, and charges related to assault family violence can carry significant legal consequences. If you are facing allegations of family violence, you need to seek legal representation immediately. At Cofer & Connelly, PLLC, our experienced Travis County assault family violence lawyers are committed to protecting your rights and providing a robust defense.
To schedule a confidential consultation, call (512) 991-0576 or fill out our online contact form today.
What is Family Violence in Texas?
In Texas, family violence is defined broadly under the Texas Family Code. It refers to any act by one family or household member intended to cause physical harm, bodily injury, assault, or sexual assault against another member of the family or household. Additionally, any act that constitutes a threat that reasonably places the victim in fear of imminent harm is also considered family violence.
Family violence laws in Texas not only apply to spouses and romantic partners but also to:
- Parents and their children
- Siblings
- Individuals in a dating relationship
- People living in the same household, regardless of their relationship
If you are charged with family violence in Travis County, it is essential to understand the severity of the charge and how it may impact your future. Convictions can lead to harsh penalties, including jail time, fines, and restrictions on your rights, such as the right to own firearms.
Common Types of Domestic Violence Charges
In Texas, there are several types of charges related to family violence, each with varying degrees of severity depending on the nature of the offense and any prior criminal history. Common charges include:
- Assault Family Violence (Misdemeanor): This is the most common charge for domestic violence cases. It involves causing bodily injury to a family or household member. Assault family violence is typically charged as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. If there is no physical injury but only a threat of violence or offensive physical contact, it may be charged as a Class C misdemeanor, which can result in fines but no jail time.
- Aggravated Assault (Felony): Aggravated assault involves serious bodily injury or the use of a deadly weapon. If the assault occurs against a family or household member, it is classified as a first-degree felony. This can result in severe penalties, including up to life in prison and fines up to $10,000.
- Continuous Violence Against the Family: If someone is accused of committing two or more acts of family violence within a 12-month period, they can be charged with continuous violence against the family. This offense is classified as a third-degree felony and is punishable by 2 to 10 years in prison and up to $10,000 in fines.
- Violating a Protective Order: If a protective or restraining order has been issued against you, violating the terms of the order can lead to additional criminal charges. Protective orders can restrict your ability to contact the alleged victim, enter certain places, or even possess firearms. Violating a protective order is a serious offense that can result in additional criminal charges and penalties.
Legal Defenses to Family Assault
Being charged with assault family violence can be an overwhelming experience, but it’s important to remember that several legal defenses may apply to your case and help you avoid serious penalties. Common defenses to family violence charges include:
- Self-Defense: In many cases, the accused may have acted in self-defense or in defense of another person. Texas law allows individuals to use reasonable force to protect themselves or others from harm. If you were not the aggressor and acted to protect yourself, this can be a powerful defense in your case.
- Lack of Intent: For an assault family violence charge to result in a conviction, the prosecution must prove that you intentionally caused harm to the alleged victim. If the incident was accidental, or if there is insufficient evidence to prove intent, your charges may be reduced or dismissed.
- False Accusations: Unfortunately, false allegations of family violence can and do occur. People may make these allegations out of anger, jealousy, or to gain an advantage in child custody or divorce proceedings. If you are facing false accusations, it is vital to present evidence that casts doubt on the credibility of the accuser.
- Insufficient Evidence: The burden of proof in a criminal case is on the prosecution, and they must prove your guilt beyond a reasonable doubt. If there is insufficient evidence to support the claim of family violence, your attorney can argue for a dismissal or acquittal of the charges.
- Witness Recantation: In some cases, the alleged victim may choose to recant their statements or testify that the assault did not occur. While the prosecution can still pursue charges even if the alleged victim recants, it can weaken the case against you. Your attorney can help determine how this impacts your defense strategy.
Consequences of a Family Violence Conviction
A conviction for family violence can carry severe and long-lasting consequences, including:
- Criminal Penalties: You could face jail time, probation, and hefty fines. Aggravated charges or repeat offenses can lead to lengthy prison sentences.
- Impact on Custody and Divorce Proceedings: If you are involved in a divorce or child custody case, a family violence conviction can severely limit your parental rights or result in the loss of custody.
- Loss of Firearm Rights: A conviction for domestic violence can result in a permanent ban on owning or possessing firearms under both state and federal law.
- Employment and Housing Consequences: A criminal record can affect your ability to secure employment or housing, as many employers and landlords conduct background checks.
How a Travis County Assault Family Violence Lawyer Can Help
At Cofer & Connelly, PLLC, our Travis County assault family violence lawyers are dedicated to providing aggressive and compassionate legal representation. We understand the complexities of family violence cases and the personal toll they can take on you and your loved ones. When you hire our firm, you can expect:
- A thorough investigation of the allegations
- A personalized defense strategy tailored to the unique facts of your case
- Skilled negotiation with prosecutors to pursue reduced charges or dismissals
- Aggressive representation in court to protect your rights and reputation
Contact us today at (512) 991-0576 to speak with our experienced team.
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