Domestic violence is a serious offense that encompasses various forms of abuse within a household or intimate relationship. In Texas, domestic violence, also known as family violence, involves any act intended to cause physical harm, bodily injury, assault, or sexual assault against a family member, household member, or intimate partner. It also includes threats that reasonably place the victim in fear of imminent harm.
Domestic Violence Defense Lawyers in Houston
DeGuerin & Dickson are the best lawyers to help you if you have been charged with family violence.
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Statistics on Domestic Violence in Texas
Understanding the scope of domestic violence in Texas highlights the importance of robust legal defense:
- Prevalence: According to the Texas Council on Family Violence, 1 in 3 Texans will experience domestic violence in their lifetime.
- Reports: In 2020, Texas law enforcement agencies reported over 194,000 incidents of family violence.
- Fatalities: The same year, 228 women were killed by intimate partners in Texas, emphasizing the deadly potential of domestic violence situations.
- Children: Approximately 40% of domestic violence incidents involve children either witnessing the abuse or being directly affected.
Consequences of a Domestic Violence Conviction
Being convicted of domestic violence in Texas can lead to severe consequences that affect various aspects of your life:
Criminal Penalties
These can range from Class C misdemeanors, which may result in fines, to felony charges that can lead to significant prison time. Specific penalties include:
- Class C Misdemeanor: Up to a $500 fine.
- Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000.
- Third-Degree Felony: 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony: 2 to 20 years in prison and a fine of up to $10,000.
Protective Orders
Courts can issue protective orders that restrict your access to your home, children, and other family members.
Loss of Rights
Conviction can lead to the loss of the right to own firearms, potential impacts on immigration status, and difficulties in securing employment or housing.
Reputational Damage
A domestic violence conviction can tarnish your reputation, leading to strained personal relationships and social stigma.
How DeGuerin & Dickson Can Help
Facing domestic violence charges requires a strategic and knowledgeable defense. DeGuerin & Dickson in Houston, TX, offers unparalleled expertise and dedication in handling these complex cases. Here’s how we can assist you:
- Comprehensive Case Evaluation – Our team conducts an in-depth review of your case, examining all evidence, witness statements, and police reports to identify any weaknesses in the prosecution’s arguments.
- Personalized Defense Strategy – We understand that every case is unique. Our attorneys develop a customized defense strategy tailored to your specific circumstances, whether it involves disputing the evidence, demonstrating self-defense, or highlighting inconsistencies in the alleged victim’s testimony.
- Aggressive Court Representation – Our attorneys are known for their aggressive courtroom tactics. We fight tirelessly to protect your rights, challenge the prosecution’s case, and work towards the best possible outcome, whether through negotiation or trial.
- Support and Guidance – Navigating a domestic violence charge can be overwhelming. DeGuerin & Dickson provide continuous support, keeping you informed and prepared at every step of the legal process.
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Why Choose DeGuerin & Dickson?
- Experienced Attorneys: With decades of combined experience, our legal team has a proven track record of successfully defending clients against domestic violence charges.
- Client-Centered Approach: We prioritize your needs, offering personalized attention and strategic defense tailored to your unique situation.
- Local Expertise: Based in Houston, we have a deep understanding of Texas laws and the local court systems, ensuring the most effective defense.
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What to Do If You Have Been Charged with Domestic Violence in Houston, Texas
Facing a domestic violence charge can be a daunting and stressful experience. It’s crucial to take the right steps to protect your rights and build a strong defense. Here’s a comprehensive guide on what to do if you find yourself in this situation in Houston, Texas.
1. Remain Calm and Comply with Law Enforcement
When law enforcement arrives:
- Stay Calm: Keep your emotions in check to avoid escalating the situation.
- Cooperate: Comply with the officers’ instructions. Resisting or arguing can lead to additional charges.
- Exercise Your Right to Remain Silent: You have the right to remain silent and avoid self-incrimination. Politely inform the officers that you wish to speak to an attorney before answering any questions.
2. Understand the Charges Against You
Domestic violence in Texas can involve various offenses, including:
- Assault: Threatening or causing physical harm to a family or household member.
- Aggravated Assault: Causing serious bodily injury or using a deadly weapon.
- Sexual Assault: Engaging in non-consensual sexual activities with a family or household member.
- Family Violence: Any act intended to cause physical harm, bodily injury, or sexual assault against a family or household member.
3. Contact an Experienced Defense Attorney
One of the most critical steps is to hire an experienced defense attorney who specializes in domestic violence cases. DeGuerin & Dickson in Houston, TX, can provide expert legal assistance. An attorney will:
- Evaluate Your Case: Review the evidence, witness statements, and police reports.
- Develop a Defense Strategy: Tailor a defense strategy to your specific situation.
- Represent You in Court: Aggressively defend your rights in negotiations and at trial.
4. Comply with Protective Orders
If a protective order is issued:
- Understand the Terms: Carefully read and understand the restrictions imposed by the order.
- Avoid Contact: Do not contact the alleged victim or go near places prohibited by the order. Violating a protective order can result in additional charges and penalties.
5. Gather Evidence and Witnesses
- Document Your Account: Write down your recollection of the events leading up to and during the incident.
- Collect Evidence: Gather any evidence that may support your defense, such as text messages, emails, or photographs.
- Identify Witnesses: Make a list of potential witnesses who can corroborate your version of events.
6. Avoid Discussing Your Case
- Limit Discussions: Do not discuss the details of your case with anyone other than your attorney. Conversations can be used as evidence against you.
- Social Media Caution: Avoid posting about the incident or your legal situation on social media, as these posts can be used in court.
7. Attend All Court Appearances
- Show Up on Time: Be punctual for all court appearances. Failing to appear can result in a warrant for your arrest.
- Dress Appropriately: Wear professional attire to court to show respect for the legal process.
8. Consider Counseling or Anger Management
- Proactive Steps: Voluntarily attending counseling or anger management programs can demonstrate to the court your commitment to addressing any underlying issues.
Contact DeGuerin & Dickson Today
If you’ve been charged with domestic violence in Houston, don’t wait. Contact DeGuerin & Dickson for a confidential consultation. Let our experienced attorneys provide the robust defense you need to protect your rights and future.
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FAQ: Criminal Defense of Domestic Violence Cases
Q: What is domestic violence under Texas law?
A: Domestic violence, also known as family violence in Texas, includes any act intended to cause physical harm, bodily injury, assault, or sexual assault against a family member, household member, or intimate partner. It also encompasses threats that reasonably place the victim in fear of imminent harm.
Q: What are the penalties for domestic violence in Texas?
A: The penalties for domestic violence in Texas vary based on the severity of the offense:
- Class C Misdemeanor: Up to a $500 fine for minor incidents involving threats or provocative contact without injury.
- Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000 for causing bodily injury.
- Third-Degree Felony: 2 to 10 years in prison and a fine of up to $10,000 for causing serious bodily injury or involving a deadly weapon.
- Second-Degree Felony: 2 to 20 years in prison and a fine of up to $10,000 for aggravated assault with serious bodily injury or involving a deadly weapon.
Q: Can a domestic violence charge be dropped?
A: While it is possible for domestic violence charges to be dropped, this decision is ultimately up to the prosecutor. Factors that can influence this decision include lack of evidence, the victim’s willingness to testify, and the defense presented by your attorney.
Q: What should I do if I am falsely accused of domestic violence?
A: If you are falsely accused of domestic violence, take the following steps:
- Remain Calm: Avoid any confrontation with the accuser.
- Contact an Attorney: Seek legal representation immediately.
- Gather Evidence: Collect any evidence that can support your innocence, such as messages, emails, or witness testimonies.
- Avoid Contact: Do not contact the accuser or violate any protective orders.
Q: What are common defenses against domestic violence charges?
A: Common defenses against domestic violence charges include:
- Self-Defense: Arguing that you acted to protect yourself from imminent harm.
- False Allegations: Demonstrating that the accusations are untrue and motivated by ulterior motives.
- Lack of Evidence: Challenging the prosecution’s evidence as insufficient or unreliable.
- Accidental Injury: Showing that the injury was not intentional.
Q: What is a protective order and how does it affect me?
A: A protective order is a legal order issued by a court to protect the alleged victim from further harm. It can:
- Restrict Contact: Prohibit you from contacting or approaching the alleged victim.
- Exclude from Residence: Require you to move out of a shared residence.
- Limit Access to Children: Restrict your access to children or require supervised visitation.
Violating a protective order can result in additional criminal charges and penalties.
Q: How long does a domestic violence case take to resolve?
The duration of a domestic violence case varies based on factors such as the complexity of the case, the availability of evidence, and court schedules. Cases can take several months to over a year to resolve. Your attorney can provide a more accurate timeline based on the specifics of your case.
The Rise of Domestic Violence Due to the COVID-19 Pandemic
The COVID-19 pandemic has had a profound impact on various aspects of society, including a significant rise in domestic violence cases. As families faced unprecedented stressors, such as financial instability, health concerns, and prolonged periods of confinement, the incidence of domestic violence surged globally, and Texas was no exception.
Increased Incidence of Domestic Violence
Several factors contributed to the increase in domestic violence during the pandemic:
- Economic Stress: Job losses, reduced incomes, and financial uncertainty put immense strain on households. Economic stress is a well-documented trigger for domestic conflict and violence.
- Isolation: Lockdowns and social distancing measures, while necessary to curb the spread of the virus, also meant victims were often trapped at home with their abusers, with limited access to external support systems such as friends, family, and social services.
- Stress and Anxiety: The fear of contracting the virus, coupled with the challenges of remote work, homeschooling, and lack of personal space, increased stress levels within families, leading to higher instances of violence.
- Reduced Access to Support Services: Many support services, including shelters and counseling centers, faced disruptions or operated at reduced capacity, making it harder for victims to seek help.