A first-time domestic violence charge in Fort Worth, TX, can turn a defendant’s life upside down before they’ve even had a chance to tell their side of the story. A conviction can affect your firearm rights, complicate child custody, and create problems that last well beyond the criminal case. Even the allegations can disrupt your personal and family life.
Call Cofer Luster Criminal Defense Lawyers today at (682) 777-3336 to schedule a free consultation. Our Fort Worth domestic violence attorneys are ready to fight for you. We understand the seriousness of these accusations and can work to protect your rights and reputation.
Why Choose Cofer Luster Criminal Defense Lawyers for Help With a First Offense Domestic Violence in Fort Worth, TX?
Residents of Fort Worth, Texas, facing domestic violence charges turn to Cofer Luster Criminal Defense Lawyers because we have built our practice around defending people accused of crimes in Tarrant County.
We bring a range of benefits to criminal defense cases, including:
- 60 years of combined experience
- Hundreds of people successfully defended against criminal charges
- Former prosecutors, a former magistrate judge, a former federal public defender, two board-certified criminal law attorneys, and a law professor
That background allows our team to evaluate a case from multiple perspectives and build a defense grounded in the evidence. Your initial case evaluation is free, so contact us today to speak with a Fort Worth criminal defense attorney.
Overview of Domestic Violence in Texas
Texas does not have a single criminal statute called “domestic violence.” Instead, conduct such as assault, aggravated assault, terroristic threat, or unlawful restraint may be prosecuted under the applicable section of the Texas Penal Code.
Texas law generally uses the term “family violence” when qualifying conduct occurs between people in certain family, household, or dating relationships. Whether an allegation meets that definition depends on both the conduct involved and the relationship between the people.
What Are the Penalties for a First-Offense Domestic Violence Conviction in Fort Worth, Texas?
The penalties for a first family violence conviction in Texas depend on the conduct alleged and the particular offense charged. Criminal penalties are only part of the picture because a conviction can also have consequences outside the courtroom.
Jail and Prison Time
An assault that causes bodily injury is generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Assault based only on a threat is generally a Class C misdemeanor.
When bodily-injury assault involves strangulation or suffocation against someone in a qualifying family, household, or dating relationship, the charge can be a third-degree felony in Texas. A qualifying prior family violence conviction can also increase the charge to a felony, and some cases involving both a prior conviction and strangulation can carry even greater penalties.
Aggravated assault involving serious bodily injury or a deadly weapon is generally a second-degree felony, punishable by two to 20 years in prison. Certain aggravated assaults involving both a deadly weapon and serious bodily injury to a person in a qualifying relationship can be charged as first-degree felonies.
Loss of Firearm Rights
Texas law restricts firearm possession for a person convicted of certain Class A misdemeanor assaults involving a family or household member. Under Penal Code § 46.04(b), the restriction generally lasts until the fifth anniversary of the person’s release from confinement or community supervision, or whichever one comes later if they were sentenced to both.
Federal law can also impose additional firearm restrictions.
Protective Orders
A magistrate may issue an emergency temporary protective order after a family violence arrest in Texas. Depending on its terms, the order can restrict contact with the protected person, prohibit the accused from going to certain locations, or impose other conditions while the criminal case is pending. Certain types of protective orders may also be permanent.
Violating a qualifying protective order can result in a separate criminal charge. Permission or contact initiated by the protected person does not necessarily override the terms of a court order.
Child Custody and Family Law Consequences
Texas courts consider evidence of family violence when making decisions about conservatorship, possession, and access to children. A court may impose supervised visitation, protected exchanges, or other restrictions intended to protect a child or another person.
Employment, Housing, and Licensing
A conviction may affect employment, housing, or certain professional licenses, depending on the offense and the rules that apply to the particular job or license. A charge or conviction may also appear on some background checks.
The consequences can reach far beyond a jail sentence. Our Fort Worth domestic violence lawyers can help you understand what is at stake before making decisions about your case.
What Defenses Can Be Raised If I’m Arrested for Domestic Violence in Fort Worth?
Family violence allegations often arise from chaotic situations where officers must make decisions before every piece of evidence has been gathered or reviewed. The right defense depends on the facts of the case.
Common defenses include:
- Self-defense or defense of others: Texas Penal Code § 9.31 permits the use of force in certain circumstances when a person reasonably believes it is immediately necessary to protect themselves or others against another person’s use or attempted use of unlawful force.
- Factual innocence or credibility issues: Text messages, recordings, witness statements, physical evidence, or inconsistencies in an account may contradict the allegations.
- Lack of the required mental state: Bodily-injury assault generally requires intentional, knowing, or reckless conduct.
- Constitutional violations: Evidence or statements obtained through an unlawful interrogation, search, or seizure may be challenged.
A Fort Worth criminal defense lawyer can investigate what happened, review the evidence, interview witnesses, and identify weaknesses in the prosecution’s case.
Schedule a Free Case Evaluation with Our Fort Worth Domestic Violence Attorneys Today
If you’re facing a first-offense domestic violence charge in Fort Worth, early decisions can affect how your case develops.
Contact Cofer Luster Criminal Defense Lawyers today for a free, confidential consultation. A Fort Worth domestic violence defense lawyer can review the circumstances of your case and explain your options.
