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Irving Family Violence Attorney

How is Family Violence Handled in Texas?

Family violence is a grave criminal offense in Texas that is prosecuted aggressively. If you are facing family violence charges, it is essential to understand your legal options and your rights moving forward, as a conviction can devastate your life both personally and professionally.

At the Law Office of Michelle Poblenz, we know the seriousness of charges related to family violence. We also know what is at stake if you are convicted of committing such an offense. Because of this, our firm offers experienced legal counsel to individuals who are accused of committing family violence. Let us work with you to pursue a favorable case outcome while also protecting your rights and your reputation.

What Constitutes Family Violence in Texas?

Under Texas law, family violence includes any act committed against a family member or household member that was intended to cause injuries, as well as actions that reasonably caused someone to believe that they would suffer harm. A family member may include a spouse, child, sibling, grandparent, aunt, uncle, or cousin, as well as anyone else who lives in a person's household and current or former romantic partners. Family violence can take many forms, including physical violence, emotional abuse, sexual assault, and financial abuse. Some examples of family violence include:

  • Hitting, slapping, or punching a family member.
  • Threatening a family member with harm.
  • Forcing a family member to have sex.
  • Restricting a family member's access to money or resources.
  • Destroying a family member's property.

Penalties for Family Violence

The specific charges related to family violence in Texas will depend on the severity of the harm that was allegedly suffered by victims and whether the offender has any prior convictions. Here are some of the potential penalties for family violence in Texas:

  • Class C misdemeanor - These are the least severe family violence charges in Texas, and they may apply in cases involving threats where no actual injuries occurred. A conviction on such an offense can result in a fine of up to $500.
  • Class A misdemeanor - These charges may apply if a person is accused of causing injuries or pain or leaving marks on a person's body. A conviction of this can result in up to one year in jail and a fine of $4,000.
  • 3rd-degree felony - If a person allegedly choked or strangled a family member when committing domestic assault or if they had previously been convicted of family violence or related offenses, they may face increased penalties. A conviction can land the defendant in prison for two to 10 years, and it may also result in a $10,000 fine.
  • 2nd-degree felony - In cases where a person allegedly inflicted serious bodily injuries on a family member, they may be charged with aggravated assault. A conviction can result in a prison term of between two and 20 years and a fine of $10,000.
  • 1st-degree felony - Aggravated assault charges involving the use of a deadly weapon against a family member may result in a sentence of five to 99 years in prison and a $10,000 fine.

What Is Continuous Family Violence?

In Texas, continuous violence against the family is a separate criminal offense that may apply when a person is accused of committing two or more acts of family violence within 12 months. This is considered to be a third-degree felony. A conviction of continuous family violence can result in a prison term between two and 10 years and a fine of $10,000.

Defending Against Family Violence Charges

It is important to seek legal counsel immediately if you are accused or charged with family violence. A criminal defense attorney can help you understand your legal options and the potential defenses that may be available. Depending on the circumstances of your case, your attorney may make arguments that there is a lack of evidence, that you acted in self-defense, or even that the allegations are entirely false.

Contact a Dallas Family Violence Attorney

If you have been charged with an offense involving family violence, having legal counsel on your side can be crucial. A conviction may result in highly adverse consequences, such as prison and steep fines. By working with an experienced lawyer, you can determine your options for defense and work to avoid the consequences of a conviction. At the Law Office of Michelle Poblenz, we are committed to providing our clients with high-quality legal counsel against charges relating to family violence. We will work with you to ensure your rights are protected, and we will advocate for an outcome that will allow you to protect your freedom and your reputation. You can reach us at 469-845-3031 or by filling out an online contact form for a private consultation.

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