Common Mistakes to Avoid if Charged With Domestic Violence in Texas

Getting accused of domestic violence is enough to fill anyone with anxiety. In the time after an allegation, it’s important to take care and make careful decisions. We can tell you what common mistakes to avoid if charged with domestic violence in Texas.

Our Experience

Our team at Segura and Kiatta, LLP, has spent years helping the people of Ford Bend and Harris Counties with their violent crime cases. Attorneys Anthony R. Segura and David Kiatta have over five decades of combined legal experience. We have handled thousands of cases, ranging from simple assault to murder charges, and are prepared to aid with your domestic violence case.

Overview of Domestic Violence in Texas

Domestic violence is a prevalent public health concern nationwide. It is estimated that 10 million people will be victims of violence by a domestic partner or family member every year. Studies have also found that one-third of women and one-fifth of men will be victims of abuse by an intimate partner at some point in their lives.

Domestic violence is mainly defined in Texas Family Code 71.004 as an act that either is a threat of, or results in, physical harm to a family or household member. It can be considered a misdemeanor or felony, depending on the violent history background and the factors involved in the incident.

Common Mistakes You Should Avoid if Charged With Domestic Violence in Texas

The actions you take from first allegations to court hearings can drastically change how the prosecution and judge view you. A few poor choices early on can bar you from a case dismissal or potential plea bargains. The following are a few common mistakes you should avoid when charged with domestic violence.

Talking to Authorities Without a Lawyer

One error many make is talking to the police without a lawyer present. While it is important to cooperate with law enforcement, avoid giving any statements or remarks related to the case. You may be falsely accused of domestic violence and want to assert your innocence, but the prosecution will use anything you say against you in your case. Always ensure that your attorney is present when speaking with the authorities.

Contacting the Alleged Victim

Many people, once charged or accused of domestic violence, wish to reach out to the alleged victim to deal with the issue outside of legal proceedings. Any contact with the other party, in your case, is a major blunder. Communication of any sort with your accuser can be seen as intimidation, harassment, threats, or an admission of guilt. The urge to talk things out may be overwhelming, but anything said to the alleged victim can potentially affect your case.

Social Media

Some wish to defend themselves on social media against any accusations. This is a mistake that could harm your defense and be used against you. On the other hand, taking down posts may be viewed as evidence tampering. Refrain from any unnecessary changes to your social media presence.

Underestimating the Severity of the Case

Domestic violence is a serious matter that some treat as a minor case. Refusing to take the case seriously is a major mistake, and underestimating the severity of the situation can jeopardize your defense. Missing court dates, acting dismissively in the proceedings, and assuming your case will be dismissed can lead to worse outcomes and larger impacts on your life.

Failing to Hire a Domestic Violence Lawyer

The sensitive nature and high stakes of domestic violence allegations make dealing with the charges without a lawyer a big mistake. Hire a domestic violence lawyer who can advocate for you throughout the proceedings. An experienced domestic violence attorney can help you avoid mistakes and represent you in court hearings. They can guide you through this challenging period, work with you on a defense, and have a positive impact on the outcome of your case.

FAQs

How Do You Defend Against a Domestic Violence Charge in Texas?

There are many ways you can defend against a domestic violence charge in Texas that rely on the circumstances of the allegations. Some potential arguments include that your actions were in self-defense, defense of another, false allegations, the accuser took back their allegation, or it was an accident. There are also arguments related to the prosecution, such as insufficient evidence or mishandling of the case by the police.

How Much Does a Domestic Violence Attorney Cost in Texas?

How much your Texas domestic violence attorney costs depends on the nature of the accusation, the complexity of the case, and the time the case requires. A first-time offense by someone with no violent history and an alleged victim who advocates for them tends to be cheaper than a case with excessive evidence and a lengthy trial. Your domestic violence lawyer can discuss what the total bill may be in your initial consultation.

How Long Does a Domestic Violence Case Take in Texas?

How long your Texas domestic violence case takes to resolve may depend on the court’s workload, the nature of the allegations, and any complications. A case involving simple assault and a quick plea bargain could take a few months, while a case involving aggravated assault and a violent history background could take much longer. Consult your domestic violence attorney for a rough estimate of your case’s timeline.

What Are the Penalties for a Domestic Violence Conviction in Texas?

Penalties for a domestic violence conviction in Texas range from a misdemeanor to a felony. A first offense with minor injury could be a Class A misdemeanor, punishable by up to a year in county jail and a maximum fine of $4,000. A case involving a repeat offender and serious bodily harm may be a second-degree felony with 2 to 20 years in prison and a $10,000 fine.

Speak With a Domestic Violence Attorney Today

Contact Segura and Kiatta, LLP, today for a consultation, where we can learn your story and explore your potential defenses. You may also visit our Sugar Land office, located on Commerce Green Boulevard east of Alkire Lake between Highway 90 Alternative and Southwest Freeway.