Felony Domestic Violence Defense Lawyer in Houston

Providing Aggressive Legal Representation for Clients Accused of Violent Crimes

If you have been arrested and charged with a felony domestic violence crime, your first action is to ensure you have legal representation. Felony domestic violence is a serious charge in Texas, and if convicted, you could be facing significant jail or prison time and expensive fines.

If you were charged with a felony domestic violence offense, you may be served with an emergency protective order that prohibits you from returning to your home or contacting your children.

A felony domestic violence conviction can be found if a potential employer or landlord runs a background check. Felony convictions can negatively impede your ability to find gainful employment, obtain a loan, serve in the military, or find suitable housing.

If you have been charged with domestic abuse, contact us and ask to schedule a free consultation with our experienced felony domestic violence lawyer.

Under the Texas Penal Code, an individual who commits an act of violence against a family member or household member may be charged with a crime. Individuals who are protected under Texas laws include:

A current or ex-spouse
Domestic partner
Current or former boyfriend or girlfriend
Biological or foster children
Parents
Siblings
Other household members

Acts of family violence include assault, sexual assault, physical harm, or bodily injury.

Furthermore, an individual can also face criminal charges if they threaten a family or household member, which causes the victim to reasonably fear they may be in imminent danger of physical abuse or sexual assault. Individuals may be confused as to whether a domestic violence-related offense will be charged as a misdemeanor or a felony.

One of the leading indicators of whether an individual will be charged with a misdemeanor or felony is the severity of the assault and the individual(s) involved.

Defendants may be charged with a felony domestic violence offense if they inflict serious bodily injury and are in possession of a weapon when the offense occurs. At a minimum, an offender will be charged with a second-degree felony offense. Depending on the circumstances involved in the crime, the charges could be enhanced to a first-degree felony.

What Are Criminal Charges Related to Felony Domestic Violence?

Felony domestic violence charges may take many forms. Some of the most common include:

Aggravated Domestic Assault

Suppose an individual is accused of causing serious bodily injuries or using a deadly weapon during the commission of a crime that causes the victim to fear injury or death. In that case, they may be charged with a first-degree felony. Additionally, even if the accused did not cause bodily injury but used a deadly weapon to threaten or intimidate the victim, it is also considered a first-degree felony. First-degree felonies can be punished with 5 to 99 years in prison and a $10,000 fine.

Continuous Violence Against the Family

An offender may be charged with “continuous violence against the family” if they commit at least two assaults within 12 months against family or household members. The prior charges do not have to involve the same victim and can still be used against you even if you were acquitted of the previous charges. Continuous family violence is charged as a third-degree felony. A third-degree felony is punishable by a year in jail and a fine of up to $4,000.

Sexual Assault

Texas law stipulates that sexual assault may also be considered domestic assault. In most circumstances, sexual assault is charged as a second-degree felony. In Texas, a second-degree felony carries a penalty of two to 20 years in prison with a fine of up to $10,000. If the charge is enhanced to that of an aggravated sexual assault if the offender used a deadly weapon or caused bodily injury to the victim, it can be charged as a first-degree felony.

Are There Any Legal Defenses to Felony Domestic Violence Charges?

Texas does recognize several legal defenses regarding felony domestic violence charges. These legal defenses include:

Self-defense: Self-defense is a commonly used defense in domestic battery cases. The defendant must prove their actions were to protect themselves or others from harm or injury.
Lack of evidence: A skilled domestic violence defense attorney can review the facts and evidence of the case to demonstrate that the prosecution lacks sufficient evidence to prove their case. Insufficient evidence may include conflicting statements from the alleged victim, witnesses, or other weak spots in the state’s case.
False allegations: In many instances, individuals make false allegations regarding domestic violence. Often, false allegations result from one parent trying to gain an advantage over the other in a child custody dispute or other ulterior motives. Nevertheless, a well-trained felony domestic violence defense attorney will be able to thoroughly evaluate the evidence to demonstrate that the accuser has not been truthful.

What Can Make a Domestic Violence Charge a Felony

A domestic violence charge can be filed as a felony in Texas for several reasons. These include the type of conduct, the extent of any injuries, the relationship between the people involved, a history of family violence, and prior convictions. The same event can lead to varying charges depending on what the police report and what prosecutors are able to prove.

Serious injuries can lead to felony charges. Texas Penal Code § 22.02 covers aggravated assault when there is a severe injury, or it is alleged that the incident involved the use of a deadly weapon. In family violence cases, prosecutors look at injuries, medical records, photos, officer reports, and statements about what happened. Claims of strangulation can also lead to felony charges. Texas law treats assault more seriously if the victim is a family member, someone in the same household, or a dating partner. Having a history of family violence can also lead to felony charges.

Continuous violence against the family under Texas Penal Code § 25.11 needs more than just a general claim of domestic conflict. The prosecution must demonstrate that two or more alleged assaults occurred within 12 months.

Felony Domestic Violence Can Affect More Than Sentencing

A felony domestic violence case can affect more than the sentence imposed by the criminal court. Jail, fines, and probation are only part of the risk. A pending charge or conviction may appear in background checks and create problems involving employment, housing, licensing, immigration, custody, firearms, and reputation.

Those collateral consequences should be reviewed before any plea or agreement is accepted. Professional boards, employers, government agencies, and family courts may treat a domestic violence case differently depending on the charge, the outcome, and any family violence finding. Bond conditions, protective orders, probation terms, and plea language can continue to affect your life after the criminal case appears to be resolved.

If you face a felony domestic violence charge, start by reviewing your case in detail. Look at the evidence, the level of the charge, any protective orders, bond conditions, your criminal history, and other possible consequences. Taking the case seriously from the start gives you and your lawyer more time to understand the situation, see what the state is claiming, and deal with both legal and practical risks.

Court Orders and Bond Conditions After an Arrest

A felony domestic violence arrest can bring immediate restrictions while a criminal case is still pending. Bond conditions or protective orders may affect communication, housing, employment, childcare arrangements, firearm possession, and access to places associated with the complaining witness. A person can be released from jail with conditions that disrupt daily life before any plea, trial, or final ruling.

These rules can come from more than one order. Bond conditions control release from jail. A magistrate’s emergency protection order can be issued in a criminal case, and a civil protective order may involve a separate court process. If these orders overlap, it is safest to follow the strictest rule until the court explains what applies.

Bond conditions and protective orders must be understood and followed carefully. They may control contact, access to specific locations, and other day-to-day conduct before the criminal case reaches a plea, trial, or final ruling. A violation can create new legal problems on top of the original charge.

What Makes Drehner Law the Best Choice to Defend Me Against a Domestic Violence Allegation?

If you are facing a felony domestic violence case, you need to hire an attorney who has comprehensive experience handling violent crime cases. Our law firm is dedicated to protecting clients’ legal rights and helping them avoid a criminal record. We will work alongside prosecutors to pursue a plea bargain, have your charges reduced or dismissed, or seek probation instead of jail time.

Additionally, if you were served an order of protection, usually called a restraining order, our law office can advise you of your rights and help you understand what steps you must take to protect yourself from further charges.

Drehner Law of Houston, TX, is a law firm dedicated to helping clients overcome their legal issues to resume their lives. Our staff strives to treat men and women with the respect and integrity they deserve as we help them navigate the complex Texas criminal justice system.

Drehner Law at our Houston law office by calling and scheduling a free, no-obligation consultation to discuss your legal options. Call 832-626-0063 today.