If you’re facing domestic violence charges in Irving, Texas, the situation probably feels like it’s spiraling out of control. These cases move fast, and prosecutors tend to pursue them aggressively, but the truth is that you’re presumed innocent until proven guilty in a court of law.
Cofer Luster Criminal Defense Lawyers has 60 years of combined experience defending clients throughout Irving and the greater Dallas–Fort Worth area and is ready to get to work for you next. Contact our Irving domestic violence lawyers today at (682) 777-3336 to get started with an initial consultation.
How Cofer Luster Criminal Defense Lawyers Can Help If You’re Facing Domestic Violence Charges in Irving, TX
Once a domestic violence report is filed in Texas, it’s important to keep in mind that the district attorney’s office takes over. In other words, the alleged victim doesn’t get to decide whether charges move forward. As a result, you could be facing prosecution regardless of whether the other party no longer wants to pursue the matter.
That kind of situation calls for a legal team that knows how to navigate the system and fight back effectively.
If you hire Cofer Luster, our Irving criminal defense attorneys will get involved right away by:
- Investigating the events leading up to and surrounding your arrest
- Reviewing all available evidence, from police reports and 911 calls to body camera footage
- Identifying inconsistencies in the accuser’s statements
- Filing motions to suppress evidence that was improperly obtained
- Negotiating with prosecutors for a favorable outcome if possible
- Standing beside you at every court appearance, including trial if it comes to that
The state is building its case against you right now; let us start building yours. Contact our Irving domestic violence attorneys today.
Texas Domestic Violence Law
Texas law treats domestic violence as a distinct category of assault that carries heightened consequences. The framework spans multiple sections of both the Family Code and the Penal Code.
For example, under Texas Family Code § 71.004, family violence is defined as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault.” The definition also covers threats that put the other person in reasonable fear of imminent harm.
The law casts a wide net when defining who qualifies as a “family or household member.” Protected relationships include:
- Current and former spouses
- Parents who share a child
- Current and former members of the same household
- Individuals in a current or past dating relationship
- Foster parents and foster children
Understanding how Texas defines family violence is essential because these laws determine who is protected, what conduct may lead to criminal charges, and the potential penalties involved.
What Are the Potential Penalties for a Domestic Violence Conviction in Irving?
How severely you’re penalized depends on the nature of the charge and whether you have any prior domestic violence history:
- Class C misdemeanor (threats or offensive contact only): a fine of up to $500
- Class A misdemeanor (bodily injury, first offense): up to 1 year in jail and a $4,000 fine
- Third-degree felony (prior DV conviction or strangulation): 2 to 10 years in prison and a $10,000 fine
- Second-degree felony (prior conviction combined with strangulation): 2 to 20 years in prison and a $10,000 fine
- First-degree felony (serious bodily injury with a deadly weapon): 5 to 99 years or life in prison and a $10,000 fine
The effects don’t stop with your sentence either. Severe collateral consequences can result from these charges as well, such as difficulty finding housing and employment.
What Defenses Can Be Raised Against Domestic Violence Charges?
The prosecution carries the burden of proving every element of the charge beyond a reasonable doubt, which is the highest standard in the legal system. It’s important not to lose hope about your case before you’ve spoken with our domestic violence attorneys as a result of that fact.
Defenses that come up frequently in these cases include:
- Self-defense, which Texas law recognizes when the force used was proportional to the threat you were facing
- False accusations, which are particularly common in situations involving contested family law battles
- Lack of intent, especially when the contact was accidental rather than deliberate
- Insufficient evidence to meet the state’s burden of proof
- Violations of your constitutional rights during the arrest or investigation
The right defense depends on the facts of your case. An experienced Texas domestic violence defense lawyer can evaluate the evidence, identify weaknesses in the prosecution’s case, and develop a strategy designed to protect your rights and pursue the best possible outcome.
Schedule a Consultation With Our Irving Domestic Violence Attorneys
Domestic violence charges should always be taken seriously, but they don’t have to define your future. You are presumed innocent, and the state has a lot to prove before it can secure a conviction.
Cofer Luster Criminal Defense Lawyers has decades of experience helping clients and is here to help you to the best of our ability. Call our Irving domestic violence attorneys or reach out online today to set up an initial consultation.
