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Felony Domestic Violence Defense Lawyer in Houston


Providing Aggressive Legal Representation For Clients Accused of Violent Crimes

If you have been accused and arrested on a felony domestic violence charge, you cannot wait to obtain legal representation. Felony domestic violence is a serious charge in Texas, and if convicted, you could be sentenced to a significant amount of time in jail or prison and be forced to pay a steep fine.

In addition, if you have been charged with domestic violence, you may be served with an emergency protective order that prohibits you from returning to your home and spending time with your children.

Finally, a felony domestic violence conviction is easily found when a potential employer 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 Drehner Law of Houston, TX, and ask to schedule a free consultation with our experienced felony domestic violence lawyer.

What is Felony Domestic Violence?

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. Often, individuals are confused as to whether a domestic violence-related offense is charged as a misdemeanor or felony.

One of the leading indicators as to 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. However, 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. However, 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 are punishable by 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. However, 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 criminal offense. 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 is punishable by two to 20 years in prison with a fine of up to $10,000. However, 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. However, 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 another 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 the accuser has not been truthful.

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 client’s legal rights and helping them avoid a criminal record. We will work alongside prosecutors to try to plea bargain to have your charges reduced or dismissed or ask for probation instead of jail time.

Additionally, if you have been served an order of protection, sometimes referred to as 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.

Contact Drehner Law at our Houston law office by calling 832-626-0063 and ask to schedule a free no-obligation consultation to discuss your legal options.