Asserting a defense against domestic violence allegations

On Behalf of | May 21, 2020 | Criminal Defense

Whether one has been in a relationship or marriage for several years or just entered into one, it is obvious that no relationship is perfect and comes with ups and downs. While disagreements will occur and are anticipated, what is not expected is having them elevate into heated altercations with allegations of domestic violence.

In the state of Texas, domestic violence charges could ensue when there are claims of physical force that caused bodily injury, threats to cause bodily harm or any type of physical contact one might deem as offensive or provocative. When holding the accused liable for this criminal conduct, a prosecutor is tasked with proving that the accused did, beyond a reasonable doubt, perform the asserted act intentionally or knowingly. Additionally, they may take steps to prove that the harms caused were the result of reckless conduct.

The penalties associated with domestic violence can be significant. These can range from a Class C misdemeanor, which carries with it fines and up to one year in jail, to a first degree felony, which has a penalty of a prison term for 5 to 99 years and a fine up to $10,000. There are varying factors that can influence the severity of the charges. This includes the relationship the victim has to the accused, the criminal history of the accused as it pertains to domestic violence and whether suffocation or strangulation was involved in the matter.

Because the criminal consequences that go along with a domestic violence conviction can be very harsh, it is important that those accused of this crime consider their defense options. By assessing the details of the allegations, it may be possible to assert various defense actions, which could include asserting that no offense occurred, meaning it was made up by the purported victim, unintentional or mistake, lack of knowledge and self-defense.

Asserting a defense against domestic violence charges is a critical step to take. Not only are the criminal penalties associated with the crime serious, but the accused could also face significant hardships when it comes to their personal and professional reputation.

While these allegations likely mean the relationship between the accused and alleged victim is over, this does not mean the accused has to suffer in other areas of their life. A strong criminal defense could help the accused clear their name and avoid penalties that could stick with them the rest of his or her life.