Arguments between loved ones can get heated but should never rise to the level of domestic violence. Criminal charges related to a violent crime can impact your life for years to come, especially if you are convicted. A Texas criminal defense lawyer can pull out all the stops to make sure you do not face an excessive or unwarranted sentence.
Domestic assault can involve acts of violence or threats against:
- Family members (e.g., spouses, former spouses, parents or children), as defined under Tex. Family Code Sec. 71.004.
- Household members (e.g., housemates), as defined by Tex. Family Code Sec.71.005.
- Romantic partners (e.g., intimate partners or dating partners), as defined by Tex. Family Code Sec. 71.0021.
Generally, a domestic assault falls under Texas statutes for simple and aggravated assault. To prove simple assault in Texas, a Class A misdemeanor in most cases, prosecutors typically must establish that the accused person:
- Intentionally or recklessly caused bodily harm to another person
- Threatened another person with imminent bodily harm
- Caused physical contact with another person they knew or reasonably should have known would find the contact offensive or provocative.
To prove aggravated assault, a second-degree felony in most cases, prosecutors must also show that the accused person:
- Caused serious bodily injury to someone else
- Used or exhibited a deadly weapon while committing the assault
If you have been charged with simple or aggravated assault of a family member, household member or romantic partner, a criminal defense attorney can help find a way to defend against the charges. For example, your attorney may argue that you were falsely accused of assault by someone who was trying to ruin your reputation or career. Your attorney could also argue that you were acting in self-defense and that the alleged victim initiated the altercation. Your attorney will review the facts of your specific case and come up with a strategy that works for you.