Were you charged with domestic violence in Allen, Texas? A conviction can disrupt your life beyond jail, from affecting child custody to restricting your right to own a firearm. However, you still have the right to fight back with help from an Allen domestic violence attorney at Texas Defense Firm. Contact us today at (972) 369-0577 to schedule a confidential consultation.
Our top-rated Texas criminal defense law firm has 200+ years of combined experience helping clients with cases like these. We’ll do everything in our power to have your charges dropped if you hire us, though note that no outcome can be guaranteed in advance.
How Texas Defense Firm Can Help if You’re Facing Domestic Violence Charges in Allen, TX
In Allen, TX, domestic violence cases move fast, and the consequences of a conviction reach into nearly every area of your life. Having the experienced legal team at Texas Defense Firm involved early can help you build a strong defense and protect your rights throughout the process.
When you hire our Allen criminal defense attorneys to defend you, we will:
- Examine the evidence the prosecution has gathered, including police reports, 911 recordings, and witness statements
- Identify inconsistencies that can be used to challenge the allegations you’re facing
- File motions to suppress evidence and others as applicable
- Investigate whether the alleged victim’s account is supported by the physical evidence
- Negotiate with prosecutors for reduced charges or alternative resolutions when it serves your best interest
- Prepare your case for a criminal trial and represent you in court if necessary
Contact us today to schedule an initial consultation with an Allen domestic violence attorney. We understand how Collin County prosecutors handle these cases, and we’re ready to start fighting for your rights as soon as you are.
Texas Domestic Violence Law
Texas handles domestic violence under its broader assault statute, Texas Penal Code Section 22.01. What separates a family violence charge from a standard assault charge is the relationship between the accused and the alleged victim.
Under the Texas Family Code, family violence can involve conduct against a family or household member. Texas law also separately addresses dating violence. The relationship between the accused and the alleged victim can therefore affect how an assault case is handled and the potential consequences.
There are several categories of domestic violence charges in Texas:
Assault Family Violence (Class A Misdemeanor)
A first-time domestic assault charge involving bodily injury is typically classified as a Class A misdemeanor. Under Texas law, bodily injury is defined broadly and includes any physical pain. A conviction can lead to up to one year in county jail and a fine of up to $4,000.
Felony Domestic Assault
The charge jumps to a third-degree felony in two common situations. A family violence assault may be elevated to a third-degree felony when the defendant has certain qualifying prior convictions involving family or household members or a person with whom the defendant had a dating relationship.
An assault may also become a felony when the allegations involve intentionally, knowingly, or recklessly impeding the alleged victim’s normal breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth.
Continuous Violence Against the Family
Under Texas Penal Code Section 25.11, a person may be charged with continuous violence against the family for committing two or more qualifying acts of domestic assault within a 12-month period. This offense is a third-degree felony.
The individual acts do not need to have resulted in separate convictions. However, the prosecution must prove beyond a reasonable doubt that the required conduct occurred.
Aggravated Assault Family Violence
Certain aggravated assaults involving family members, household members, or dating partners can be charged as first-degree felonies under Texas law, depending on factors such as whether serious bodily injury occurred and whether a deadly weapon was used.
What Defenses Can Be Raised Against Domestic Violence Charges in Allen?
The right defense for your case will ultimately come down to the unique facts and circumstances that pertain to your situation. Our domestic violence attorneys in Allen will comb through the prosecution’s evidence piece by piece to find the best path forward for you once you hire us to represent you.
Defenses that commonly come into play in Allen domestic violence cases include:
- Self-defense or defense of another person in the household
- The injuries were accidental and not the result of intentional conduct
- The alleged victim’s account is exaggerated or outright fabricated
- Law enforcement violated your constitutional rights during the arrest, interrogation, or evidence collection
- The prosecution lacks sufficient evidence to meet the beyond-a-reasonable-doubt standard
Some of these are affirmative defenses, meaning you’ll need to present evidence supporting them. We can handle that step for you as we create a tailor-made defense strategy that gives you the strongest defense available under the circumstances.
Schedule a Consultation With Our Allen Domestic Violence Attorneys
Domestic violence charges in Allen carry serious consequences, but remember that an arrest does not equal a conviction. You’re presumed innocent and still have every right to defend yourself.
Contact Texas Defense Firm today for a consultation. Our Allen domestic violence lawyers have 200+ years of experience helping those accused of crimes in the state.
