Domestic assault, also known as spousal abuse, is a serious crime in Tarrant County. It can result in jail or prison time, fines, a criminal record, the inability to own or possess a firearm, and a protective order.
There are many different types of domestic assault, including:
- Physical assault: This includes hitting, slapping, kicking, or otherwise physically harming your spouse or partner.
- Emotional abuse: This includes name-calling, threats, intimidation, and other forms of psychological abuse.
- Sexual abuse: This includes any unwanted sexual contact, including rape, sexual assault, and sexual harassment.
If you are accused of domestic assault, it is important to contact an experienced criminal defense lawyer in Tarrant County as soon as possible. Your lawyer will be able to help you understand the charges against you and develop a defense strategy.
Here are some of the defenses that your lawyer may be able to raise in your case:
- You were acting in self-defense.
- The alleged victim is not your spouse or partner.
- The alleged assault did not happen.
- The alleged assault was not serious.
- You have a history of good behavior.
Your lawyer will also be able to negotiate with the prosecutor to try to get the charges against you reduced or dismissed. In some cases, your lawyer may be able to get you a deferred adjudication, which means that if you successfully complete a period of probation, the charges against you will be dismissed.
If you are convicted of domestic assault, the penalties you face will depend on the severity of the offense. For a first offense, you could be sentenced to up to one year in jail and/or a fine of up to $4,000. For a second or subsequent offense, you could be sentenced to up to two years in jail and/or a fine of up to $10,000.
In addition to the criminal penalties, you may also be subject to a protective order, which will prohibit you from having contact with the alleged victim. A protective order can have a significant impact on your life, making it difficult to find housing, employment, and childcare.
If you are accused of domestic assault, it is important to contact an experienced criminal defense lawyer in Dallas as soon as possible. Your lawyer will be able to help you protect your rights and fight the charges against you.
When an assault is committed against a family or household member or person with whom the alleged offender has or had a dating relationship, the crime is commonly referred to as domestic assault. When law enforcement is responding to any possible domestic violence call, it usually leads to one person being arrested and domestic assault is often the criminal charge. Police feel obligated to take one person into custody to protect an alleged victim of domestic violence. As a result, a person can be charged with domestic assault when there is no real evidence that a crime was ever committed.
Domestic Assault Defense Lawyer in Fort Worth, Arlington, Grapevine, Keller, and Southlake, TX
If you or your loved one have been arrested for domestic assault in Fort Worth, it is important to remember that you have the right to remain silent. You do not have to answer any questions from the police without first speaking to an attorney.
The police may try to pressure you into talking, but you should not give in. Anything you say can and will be used against you in court.
If you are arrested for domestic assault, the first thing you should do is call an experienced criminal defense attorney. An attorney can advise you of your rights and help you develop a defense strategy.
The Law Offices of Richard C. McConathy has extensive experience representing clients who have been arrested for domestic assault. We will fight to protect your rights and get you the best possible outcome.
To schedule a free consultation with an attorney, please call (817) 422-5350 or contact us online.
Here are some tips for what to do if you are arrested for domestic assault:
- Do not talk to the police without an attorney present. Anything you say can and will be used against you in court.
- Ask to speak to an attorney as soon as possible. You have the right to an attorney, and you should exercise that right.
- Do not consent to a search of your home or property. You have the right to refuse a search, and you should do so.
- Do not sign any documents without reading them first. If you are asked to sign any documents, read them carefully before you sign them.
- Be polite and respectful to the police. Even though you have the right to remain silent, it is important to be polite and respectful to the police.
If you are arrested for domestic assault, it is important to remember that you are not alone. The Law Offices of Richard C. McConathy can help you fight the charges and get the best possible outcome.
Domestic Assault Charges in Texas
Texas Penal Code § 22.01 establishes that a person commits domestic assault by doing any of the following to a family or household member or person with whom the alleged offender has or had a dating relationship:
- intentionally or knowingly cause physical contact with another person when the alleged offender knows or should reasonably believe that the other will regard the contact as offensive or provocative;
- intentionally or knowingly threaten another with imminent bodily injury, including the alleged offender’s spouse; or
- intentionally, knowingly, or recklessly cause bodily injury to another person, including the alleged offender’s spouse.
When an alleged offender threatens bodily injury or threatens to cause offensive physical contact, domestic assault is a Class C misdemeanor. When an alleged offender causes bodily injury to an alleged victim, the crime is a Class A misdemeanor.
When an alleged offender causes bodily injury to an alleged victim and they have previously been convicted of a violent offense against the alleged victim, domestic assault becomes a third-degree felony. Third-degree felony charges will also result when an alleged offender strangles an alleged victim or otherwise stops the normal breathing or blood circulation of the alleged victim by applying pressure to the neck or throat or by blocking their nose or mouth.
When an alleged offender strangles their spouse, household member, or family member, or otherwise stops the normal breathing or blood circulation of the alleged victim by applying pressure to the neck or throat or by blocking their nose or mouth, and they have a history of engaging in family violence, domestic assault is a second-degree felony. When an assault offense is committed against a family or household member or person with a dating relationship and causes serious bodily injury to the alleged victim or involves the use or exhibit of a deadly weapon during the commission of the domestic assault, the alleged offender can be charged with aggravated domestic assault.
Aggravated domestic assault is also a second-degree felony but it is a first-degree felony if the alleged offender uses a deadly weapon during the offense or causes serious bodily injury to the alleged victim. Serious bodily injury is defined under Texas Penal Code § 1.07(46) as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Tarrant County Domestic Assault Penalties
Domestic assault convictions can carry fairly stiff penalties. Consequences of convictions will depend on how offenses have been classified but are generally punishable as follows:
- First-Degree Felony — Fine of up to $50,000 and/or up-to 99 years or life in prison
- Second-Degree Felony — Fine of up to $10,000 and/or up-to 20 years in prison
- Third-Degree Felony — Fine of up to $10,000 and/or up-to 10 years in prison
- Class A Misdemeanor — Fine of up to $4,000 and/or up-to one year in jail
- Class C Misdemeanor — Fine of up to $500
Domestic Assault Defenses in Fort Worth
Some people are arrested without any real evidence that an assault was ever committed. If a case involves exaggerated or even false allegations by an alleged victim, a criminal defense attorney can look for any inconsistencies or flaws in the testimony to prove your innocence. Self-defense or defense of others’ claims is a common defense to many domestic assault charges. Juries are generally more reluctant to convict people who committed assault only out of acts of defense.
Tarrant County Domestic Assault Resources
Family Violence | Texas DPS — You can access the Texas Department of Public Safety (DPS) family violence statistics for 2017. According to DPS, 96.9 percent of family violence offenses were assaulting. Of these, 74.8 percent were simple assault, 14.4 percent were aggravated assault, and 7.4 percent stemmed from intimidation.
A Guide to the Texas Criminal Legal System for Family Violence Victims — TexasLawHelp.org identifies itself as being a joint effort of legal aid, courts, and nonprofit organizations throughout Texas. You can learn more about what constitutes family violence on this website. You can also find information about what to do when family violence occurs.
Find A Tarrant County Defense Attorney for Domestic Assault | Law Offices of Richard C. McConathy
Were you or your loved one arrested for an alleged domestic assault in Fort Worth or a nearby community in Tarrant County? Do not wait to contact the Law Offices of Richard C. McConathy. Our firm can fight to possibly get your criminal charges reduced or dismissed. We can assess all of your legal options as soon as you call (817) 422-5350 or contact us online to schedule a free consultation.