So, you’ve been charged with family violence in Fort Worth, Tarrant County, Texas. There are probably many questions running through your head about what to expect from law enforcement, the court, how you can defend yourself from these accusations, and what’s going to happen to you in the immediate future. Cofer Luster Law Firm is here to answer your questions and begin representing you immediately in your time of need. In fact, there’s a lot of information you should know as soon as you find out that you’re being charged with family violence in Texas.
Three Types of Family Violence in Texas
Texas recognizes three different crimes of family violence, which are physical harm, bodily injury, assault, or sexual assault. “Family”, by Texas Family Code Title 4 71.003 includes individuals related by consanguinity (blood relative) or affinity (closeness), as well as former spouses, and parents of the same child or foster child. These are included without regard to marriage or place of residence.
Family violence is defined as:
- a member of a family or household acting with the intent to
- cause physical harm, bodily injury, assault, or sexually assault another member of the family or household; or,
- reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
- abuse as defined by Section 261.001 (1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or,
- dating violence, which is the act of violence on an individual that has had a “dating relationship” defined by time, nature, and frequency of interaction – not including defensive measures – where the actor commits violence with the intent to cause physical harm, bodily injury, assault, or sexual assault against
- a victim or applicant for a protective order that has had a dating relationship; or
- an individual that has had a dating relationship with the victim or applicant for a protective order
It’s important to remember that family violence doesn’t include defensive measures taken to protect oneself from harm. A person does not commit family violence when they take violent action to defend themselves or their children during a domestic incident that is caused by another violent actor.
Potential Penalties for Family Violence in Texas
Under the Texas Penal Code Title 3, Chapter 12. Punishments, a person adjudged guilty can be subject to a variety of penalties from a Class C misdemeanor to a first-degree felony. The punishments and penalties include:
- Class C misdemeanor which carries a penalty of:
- a fine not to exceed $500.
- Class B misdemeanor which carries a penalty of:
- a fine not to exceed $2,000;
- (2) confinement in jail for a term not to exceed 180 days; or
- (3) both such fine and confinement.
- Class A misdemeanor which carries a penalty of:
- a fine not to exceed $4,000;
- (2) confinement in jail for a term not to exceed one year; or
- (3) both such fine and confinement.
- 3rd-degree felony which carries a penalty of:
- a fine not to exceed $10,000;
- (2) imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years; or
- (3) both such fine and imprisonment.
- 2nd-degree felony which carries a penalty of:
- a fine not to exceed $10,000;
- (2) imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years; or
- (3) both such fine and imprisonment.
- 1st-degree felony which carries a penalty of:
- a fine not to exceed $10,000;
- (2) imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years; or
- (3) both such fine and imprisonment.
Cofer Luster Law Firm, P.C. Can Fight Family Violence Accusations and Charges
Attorney’s Cody Cofer, James Luster, and Daniel Collins at Cofer Luster Law Firm, P.C. can help you fight accusations and charges of family violence. Building a strong defense to win a family violence case takes skill and experience, where Cofer Luster Law Firm, P.C. has plenty of both.
Whether you acted in self-defense, you were falsely accused, or the accusation was blown out of proportion, we will work to dismantle the prosecutions case and help you retain your good reputation. We may be able to push to have the charges dropped or at least reduced in order to gain a favorable outcome.
Cody Cofer and James Luster are Experienced in Winning Family Violence Cases
With decades of experience each, our team of defense attorney’s have helped our clients receive favorable outcomes and even dismissals. They even have experience on both sides of the aisle having been prosecutors in the past, allowing them to better defend their clients.
