Are you being charged with family violence in Fort Worth, TX? If so, you are likely overwhelmed and may not know how to handle the situation. These accusations sometimes come out of nowhere for defendants and can carry significant consequences.
One of the most important things you can do is find a criminal defense lawyer who listens to your side of the story and knows how to fight back against domestic violence charges. We have 60 years of combined experience representing clients in criminal matters. Let Cofer Luster Criminal Defense Lawyers help you build a strong legal defense. Call (682) 777-3336 or contact us today a consultation of your case.
How Cofer Luster Criminal Defense Lawyers Can Help If You’re Arrested For Family Violence
If you are accused of family violence in Fort Worth, Texas, it can affect every aspect of your life. The best thing you can do is work with one of our Fort Worth family violence attorneys. Our attorneys belong to a number of prestigious legal organizations, such as the National Association of Criminal Defense Lawyers, the Texas Criminal Defense Lawyers Association, and others.
Here’s how our firm can help:
- We will look at the police report and every 911 call. We can check for mistakes or details that don’t add up, which show what really happened.
- Our lawyers will look at what’s going on in your family. Sometimes family members make accusations because of anger, divorce, or custody problems. Our goal is to see if there could be any ulterior motives for these claims.
- Our team will find and speak to people who know you and your family. We will then talk with prosecutors to see if a plea deal can be agreed to, which could reduce your charges or penalties.
If you have any questions about family violence charges in Fort Worth, Texas, we can help you. Contact Cofer Luster Criminal Defense Lawyers to schedule a consultation with a Fort Worth criminal defense lawyer.
Overview of Family Violence in Texas
Most family violence charges are covered under Texas assault laws and are considered domestic violence when there is violence or threats between people with close or family relationships. Common charges include:
Domestic Assault
Domestic assault is any kind of physical harm, threat of harm, or unwanted touching against certain people. These can include a spouse, dating partner, relative, foster parent, or child. The law covers things like hitting, pushing, or threatening serious harm, even if there’s no actual injury.
Aggravated Domestic Assault
This is charged when the assault caused a serious injury or a weapon was involved. Serious injury could be something that causes a broken bone, head injury, or anything that requires hospital care.
Continuous Violence Against the Family
If there are two or more cases of domestic assault within a year, even if you were not arrested or found guilty, this can be charged as continuous violence against the family.
All these charges are serious and can carry heavy consequences, making it essential to work with a lawyer as soon as possible after you are arrested.
What Are the Penalties For Family Violence in Fort Worth, Texas?
Penalties for family violence charges in Texas are based on what happened and your criminal record. Below are some of the consequences you could face:
First-Time Domestic Assault
If you are charged for the first time, it’s a Class A misdemeanor. You could spend up to a year in jail and face fines of up to $4,000.
Repeat Domestic Assault
If you have a past domestic assault conviction, the charge becomes a third-degree felony. You could spend two to 10 years in prison and be fined up to $10,000.
Aggravated Domestic Assault
This is more serious and is charged as a second-degree felony. Penalties range from two to 20 years in prison and fines up to $10,000.
Aggravated Assault with a Deadly Weapon and Serious Injury
If there is a deadly weapon and someone experiences a serious injury, it becomes a first-degree felony. The punishment can be anywhere from five years in prison all the way up to life, along with fines of up to $10,000.
Continuous Violence Against the Family
If there are two or more assaults within a year, prosecutors can charge you with continuous violence against the family. This is a third-degree felony and can lead to two to 20 years in prison and up to $10,000 in fines.
These charges are incredibly serious. If you’re facing any type of family violence criminal matter, contact a defense lawyer as soon as possible.
Collateral Consequences of Domestic Violence Charges
A domestic violence charge or conviction can have other consequences besides jail time and court-imposed penalties. This often includes:
- Loss of Gun Rights: If you are convicted, you may lose the right to own, possess, or buy a gun.
- Employment Problems: A domestic violence conviction will show up on a background check. Some jobs may not hire you, and you could even lose your current job if your employer finds out.
- Child Custody and Visitation: You may have trouble seeing your children or face limits on when and how you can visit them. Family courts take these charges very seriously in custody cases.
- Housing Issues: A conviction can make it tough to rent an apartment or house. Many landlords do background checks and may turn you away because of your conviction.
- Immigration Consequences: If you are not a U.S. citizen, a conviction may lead to deportation or make it harder to get legal status.
Life after a domestic violence charge can be complicated and stressful, which is why getting the right legal assistance makes a big difference.
What Defenses Can Be Raised If I’m Arrested For Family Violence?
Getting arrested for family violence does not always mean you will be convicted. There are defenses that might lead to a dismissal or an acquittal. Below are some common legal defenses your attorney might raise:
Self-Defense
You can claim self-defense if you were trying to protect yourself from being hurt. This is used when there is evidence that you had a reason to believe you were in danger and needed to act to keep yourself safe. Your actions must have been proportional to the harm you were facing. For example, it wouldn’t be reasonable or proportionate to shoot someone if they pushed you and started to walk away.
False Accusation
Sometimes, people are accused of family violence when it never happened. For example, an ex-spouse may make allegations when a custody case is going on to try to give themselves an advantage. Evidence like texts, video recordings, and witness statements can help show what really happened.
Accident
If injuries happened by accident you can use that as a defense. This works when you can show there was no intent to cause harm. For example, if you accidentally bumped into someone you were arguing with and they fell, you could argue that you had no intention to harm them.
Lack of Evidence
The prosecutor must prove their case beyond a reasonable doubt. If the police have not been able to gather enough proof or if the story keeps changing, this defense can be used. Showing gaps in the evidence or mistakes in how the case was handled can lead to an acquittal.
If you’re facing domestic violence charges, working with a lawyer is the best way to defend yourself. They’ll look at the facts of the case and determine what defense is best.
Schedule a Consultation With Our Fort Worth Family Violence Attorneys
Dealing with a family violence charge affects every part of your daily life, even if you don’t ultimately get convicted. There’s a lot on the line, from your personal relationships to your legal rights. Fortunately, you never have to face these challenges alone. Contact Cofer Luster Criminal Defense Lawyers to schedule a consultation with a Fort Worth family violence lawyer.
