Domestic violence charges fall under the umbrella of assault charges in Texas, but they apply when the victim is a family member, a romantic partner, or a member of one’s household. The close relationship involved enhances the charge and the attendant fines and penalties. If you’ve been charged with domestic violence, don’t wait to consult with an experienced Leander criminal lawyer.
Domestic Violence Defined
As mentioned, domestic violence charges are covered by Texas’s assault laws, which group said charges into two separate classifications.
Simple Assault
Simple assault is the charge brought when someone intentionally or knowingly either causes someone else to be physically harmed or credibly threatens someone else with imminent physical harm. Provocative or offensive physical contact can also be charged as simple assault.
Aggravated Assault
Aggravated assault is the charge brought when an aggravating factor like one of the following applies:
The victim is seriously injured in the course of the assault.
In the course of carrying out the assault, the accused used or displayed a deadly weapon.
The State of Texas takes domestic assault charges very seriously, and the fines and penalties levied reflect this fact.
Pressing Charges
In the wake of a domestic violence incident, emotions tend to run high, but as the situation cools down, victims aren’t always interested in moving forward by pressing charges. Because Texas does take the matter of domestic violence seriously and wants to hold those responsible accountable, it employs what is known as a no-drop policy.
While many people believe that victims of domestic violence make the final determinations on whether charges will be pressed, this isn’t necessarily the case in Texas. The ultimate decision regarding whether or not to press charges in a domestic violence case is made by the state. When the evidence gathered by law enforcement is sufficient to move forward with charges, it’s up to the prosecutor whether the state will pursue them.
Once the police have been called to the scene and determine they have probable cause to believe that domestic violence occurred, the district attorney must decide whether or not to press charges. This policy is true even if the victim wants the charges to be dropped.
As such, if you’re involved in a domestic violence incident, it’s best to find a skilled Leander criminal defense attorney sooner rather than later.
The State’s Position
The idea behind Texas’s no-drop policy is stemming the increase in domestic violence across the state. Too many victims of this dangerous crime are pressured into dropping charges by their abusers – or are simply too afraid of their abusers to follow through. All too often, victims change their stories, recant, or refuse to cooperate, which sets the stage for increased domestic violence.
Victims often don’t want to press charges for the following primary reasons:
Fear of retaliation by the accused
Fear that the violence will escalate
Manipulation by the accused
Financial dependence on the accused
Lack of outside support
The State of Texas makes its own determinations in relation to domestic violence charges in an effort to circumvent the cycle of manipulation and abuse that tends to go hand in hand with domestic violence.
This tough stance makes it that much more important to bring your strongest defense in the face of a domestic violence charge. A formidable Leander criminal attorney can help.
Wrongful or Exaggerated Accusations
When it comes to domestic violence charges, there is considerable potential for wrongful or exaggerated accusations. The heat of the moment can lead to a 911 call that may not require an arrest, such as when a couple is engaged in a heated argument but there is no threat of violence.
Texas’s no-drop policy is well intentioned, but it increases the risk that those who are innocent of domestic violence accusations will be arrested and slapped with domestic violence charges. Often, incorrect charges arise as a result of one of the following situations:
The circumstances of the incident were misrepresented or unclear.
The domestic violence charge was based on a misunderstanding.
The incident amounted to a situation that was blown out of proportion.
The charge was the accuser’s attempt to gain leverage in a divorce or child custody case.
Once the original domestic violence call is made, an arrest and formal charges can quickly follow. As such, you can be placed in an especially difficult legal situation before you even have time to process the situation. As such, you shouldn't wait to seek skilled legal representation from a Leander criminal defense attorney.
Getting Your Domestic Violence Charge Dropped
If the situation has escalated to the point that you are now facing domestic violence charges, it’s important to take the matter especially seriously. It is also important to know that there are several situations that tend to support the prosecution dropping the domestic violence charges altogether.
Not Enough Evidence
The most common reason for dropping a domestic violence charge – or any kind of criminal charge – is a lack of evidence. In order to arrest you in the first place, the police need probable cause to believe you engaged in, were engaging in, or were about to engage in domestic violence. Probable cause translates to being more likely than not, which is a fairly low bar.
In order to convict you of domestic violence, the state must prove beyond a reasonable doubt that you are guilty of the charge at hand. This requirement means proving that there is no other reasonable explanation, which is considerably more challenging and requires a significant amount of evidence.
The prosecution must prove the legal requirements of domestic violence for the charges to hold. Failure to prove either of these elements supports the charge being dropped:
The parties were past or present romantic partners, were past or present housemates, or are related.
The accused intentionally touched the victim in a harmful or offensive manner or credibly threatened to do so.
For an aggravated domestic violence charge to hold, the victim must have suffered a serious injury, or the accused must have brandished a deadly weapon in the course of committing the crime.
Inconsistent Statements from the Victim
When the police come to the scene of an alleged domestic violence incident, both parties make their own verbal statements. The victim also goes on to make a written statement, and if the verbal and written statements are inconsistent or are at odds with one another, it can directly affect the strength of the case.
Further, if the victim’s statement or statements don’t align with his or her injuries, it can also be a problem. Additionally, if the victim changes the story at a later date, it can sow doubt concerning the domestic violence charge.
No Visible Injuries
For a charge of domestic violence to apply, the victim need not be physically harmed. For example, a threat that makes the victim fear for his or her life doesn’t leave marks but is, nevertheless, abusive and terrifying. That being said, if the case is weak to begin with and the victim has no signs of physical injury, it can make it that much harder to obtain a conviction.
No Corroborating Evidence
Domestic violence charges often relate to private incidents between the two involved parties – with no witnesses to corroborate either side. As such, the authorities have to depend on the situation witnessed upon arrival, the statements made by the involved parties, and any corroborating evidence, such as the testimony of neighbors who may have heard something.
When there are no signs that an altercation took place, the statements made are conflicting, and there is no corroborating evidence one way or the other, it can be nearly impossible to obtain a conviction.
Stalking Can Also Be a Form of Domestic Violence
Stalking is a serious crime that can be charged as domestic violence if the victim fits the parameters, which include being a past or current romantic partner, being a past or current member of the same household, or being related.
Stalking charges in Texas include all the following elements:
The stalker’s focus is on one person.
The stalking behavior occurs more than once.
The stalker knew or should have known that the focus of the stalking actions would feel harassed or threatened by them.
Common forms of stalking include the following behaviors:
Following the victim or a member of the victim’s family
Vandalizing the victim’s property
Harming the victim’s pet
Repeatedly messaging or calling the victim
Secretly tracking the victim
Lurking where the victim is likely to be
Driving by places where the victim is expected to be
The Line between a Misdemeanor and Felony Domestic Violence Charge
When the domestic violence charge is simple assault and the victim didn’t suffer any serious injuries, it’s generally a Class A misdemeanor, which carries up to a year in jail and fines of up to $4,000. However, if the accused has another domestic violence charge on record, the current charge is elevated to a third-degree felony, and the penalties include from 2 to 10 years in prison and fines of up to $10,000.
If the charge is aggravated assault, it’s a second-degree felony, which can land you in prison for 2 to 20 years and can lead to fines of up to $10,000. If you find yourself facing felony domestic violence charges, you’re in a serious situation. Reach out to a seasoned Leander felony attorney today to get the help you need.
Domestic Violence FAQ
The following answers to frequently asked questions about domestic violence may help you better understand the charges you’re facing.
It’s My Word against Theirs. Will the Charge Stick?
In truth, it’s impossible to know the course a domestic violence charge will take. Every case is unique, due to the unique circumstances involved. The outcome of your case will likely hinge on factors like the following:
The available evidence
Any corroborating testimony
The observations made by the police at the scene
The statements made by each party
Any inconsistencies in either party’s statements
The most important step you can take if you’re facing a domestic violence charge is to consult with a dedicated Leander criminal defense attorney early on.
Can I Be Charged with Domestic Violence?
If there is reasonable cause to believe that the following elements apply in your case, you can be charged with domestic violence:
You intentionally injured, provoked, or threatened to injure someone else.
The other person was a former or current romantic partner, a former or current member of your household, or a family member.
Bring your strongest defense by securing the skilled legal guidance of a trusted criminal defense attorney today.
The Victim Doesn’t Have Any Visible Injuries. Can I Still Be Charged?
For a simple assault charge to hold, the victim doesn’t have to be injured, which means he or she doesn't need to bear the marks of an injury. A credible threat suffices, and threats generally don’t leave evidence. However, domestic violence charges that are weak in relation to other evidence, that don’t involve eyewitness testimony, and that don’t leave the victim harmed tend to be more difficult to prove beyond a reasonable doubt.
Can the Victim Drop the Charges?
In Texas, the state has the right to bring a domestic violence charge, even if the victim does not want to pursue it. This right is known as a no-drop policy, and it’s designed to help reduce the effects of manipulation and fear tactics on the part of the accused. It also increases the risk that the state will proceed with a domestic violence charge against you, even if you are innocent.
You Need an Experienced Leander Criminal Defense Attorney on Your Side
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Leander, Texas – is an imposing criminal defense attorney with an impressive track record of successfully defending the legal rights of clients facing domestic violence charges and obtaining favorable case resolutions.
Our savvy legal team is on your side and here to help, so please don’t put off reaching out to contact us online or call us at (254) 781-4222 to schedule your FREE consultation and learn more about what we can do for you today.