Pearland Domestic Violence Defense Attorney

Providing Skilled Legal Representation to Clients Facing Criminal Charges

If you have been charged with domestic violence, you need to hire a skilled criminal defense attorney who will protect your constitutional rights. Domestic violence charges can result in you being ordered to leave your home and have supervised visitation with your children.

Depending on the facts of the case, you may be charged with a misdemeanor or felony. Additionally, in most instances, a domestic violence charge will remain on your criminal record. As a result, a domestic violence conviction can hinder you from being able to attend the higher learning institution of your choice or interfere with child custody issues.

Our domestic violence defense lawyers have a deep understanding of family violence laws and will work tirelessly to help you obtain a favorable outcome for your case. We understand that many domestic violence defendants have been wrongfully accused or used self-defense to protect themselves from being harmed.

Regardless of the circumstances involved with your case, contact The Kahn Law Firm, P.C., and ask to schedule a free, confidential consultation with a Pearland, TX, domestic violence lawyer who can advise you of your legal options.

What Individuals Are Considered to Be Family Members Under Texas Domestic Violence Laws?

For a defendant to be charged with any type of domestic violence-related charge, the victim must share a specific type of relationship with the perpetrator. Texas law defines family members as:

• Current or former spouse
• Current or former dating partner
• Blood relative or individual related by marriage or adoption
• Parents who share a child
• Children
• Foster children
• Foster parents
• Household members, including roommates

It is important to remember that an individual may be charged with domestic violence for acts committed against those with whom they have had a previous intimate relationship.

If you have been arrested and charged with domestic violence, you cannot afford to wait to hire an attorney. Texas takes a hard stance on domestic violence cases, and defendants could face significant time in jail or prison. Contact our Pearland domestic violence defense lawyer immediately so that we may professionally evaluate your case and begin building a solid defense on your behalf.

What are the Different Types of Domestic Violence Charges in Texas?

An individual may be charged with domestic or family violence if the victim falls under the qualifications of who is considered a “family member” under Texas law. As a result, the state recognizes three separate types of domestic and family violence charges.

These charges include:

Domestic Assault

Actions that can lead to a domestic assault charges include:

• Knowingly, intentionally, recklessly causing bodily injury to a family member
• Knowingly or intentionally causing unwanted physical contact that the victim finds offensive
• Knowingly or intentionally threatening a family member with imminent bodily injury

Aggravated Domestic Assault

Actions that may lead to an individual being charged with aggravated domestic assault include:

• The defendant used a deadly instrument or weapon to commit the offense
• The defendant inflicted serious bodily injury on the victim
• The defendant violated a protective order

Continuous Violence Against the Family

The Texas Continuous Violence Against the Family law enables law enforcement officers the right to arrest individuals if they have assaulted a family member, which resulted in bodily injury on two or more occasions within 12 months.

If you need further clarification on how the state determines domestic violence-related criminal charges, contact our Pearland, TX, law office to schedule a free consultation to learn more.

Is Domestic Violence a Felony or Misdemeanor?

Several factors state prosecutors use to determine if a domestic violence criminal case should be charged as a felony or misdemeanor. Some of these factors include the severity of injuries the victim(s) experienced, the defendant’s prior criminal history, and the length of time between domestic violence acts perpetrated on family members.

Domestic violence assault may be charged as a Class C misdemeanor. However, if the alleged perpetrator committed at least two acts of violence against family members within 12 months, the individual may be charged with a felony.

Suppose the defendant’s actions fall under the Continuous Violence Against the Family law guidelines. In that case, they may be charged with assault on the family’s 2nd offense and are charged as a third-degree felony.

The legal process involved in deciding how domestic violence offenses should be charged can be confusing for individuals who need more legal training. Anyone who is facing domestic violence charges should never try to handle their case independently. Instead, it is always best to hire a knowledgeable domestic violence attorney who will act as their legal advocate.

The Kahn Law Firm, P.C. has skilled domestic violence attorneys with extensive experience helping clients obtain favorable resolutions for their cases.

What are the Consequences of a Domestic Violence Conviction?

A domestic violence conviction of any kind can result in severe consequences for the defendant. Some of the criminal penalties include:

• Domestic assault: Class misdemeanor punishable by not more than one year in jail and or a fine of up to $4,000
• Aggravated assault: A first-degree felony punishable by 5 to 99 years in prison and a fine of up to $4,000
• Continuous family violence: A third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000

Additionally, depending on the circumstances involved, you could be labeled as a convicted felon. If you are in the middle of a divorce, a domestic violence conviction could negatively impact your legal rights pertaining to child custody.

Other legal consequences include:

• Losing the legal right to hunt or fish
• Losing the right to legally own firearms

Aside from the criminal penalties imposed on those individuals who are found guilty of domestic violence charges, other repercussions include having a permanent criminal record and damage to your personal and professional reputation.

For more information about how a domestic violence conviction could potentially affect your life and future, it is in your best interest to consult with a knowledgeable criminal defense attorney who can provide you with more information.

Are There Any Legal Defenses to Domestic Violence Charges?

Domestic violence cases can be notoriously challenging for attorneys to defend, especially if the alleged victim has visible injuries. Nevertheless, criminal lawyers can use several legal defense strategies to help their clients.

Self-defense is one of the most common legal defense strategies that can be used to defend clients against domestic violence charges.

All too often in domestic violence cases, the alleged perpetrator is actually the victim of the abuse and acts in self-defense. Many individuals, both men and women, are verbally and physically abused by their partners or other household members. In some instances, the person being assaulted fights back, causing the person who instigated the fight to suffer an injury. Sadly, when the police arrive, the actual aggressor claims that the victim committed a violent act against them. As a result, the real victim is arrested on domestic violence charges and taken to jail.

When these types of situations occur, a well-trained criminal defense lawyer can argue that the individual who has been charged was acting in self-defense. If you have been the victim of past abuse, your attorney may be able to present evidence that verifies your claims.

Other legal defense strategies include:

• False allegations: Often, in cases where a couple is in the midst of a divorce or child custody dispute, one partner will allege they are the victim of domestic violence to gain leverage for their case. However, in such instances, the defense must present convincing evidence that the allegations are untrue.
• The act was unintentionally or unknowingly committed: A lawyer may be able to argue that the act was not committed in a way that was meant to harm the alleged victim. Additionally, your lawyer could also contend that any injuries the victim may have suffered were unknowingly committed and, therefore, should not be prosecuted.

Due to the legal issues involved with domestic violence charges, it is imperative that you seek qualified legal representation immediately. Contact our law office to discuss what legal strategies may be appropriate for your case.

Can a Victim Drop Domestic Violence Charges?

One of the most common questions that domestic violence lawyers are asked is whether the victim can drop the charges. As is often the case in domestic violence cases, the victim may decide that they wish to drop the charges.

However, Texas law stipulates that once an alleged perpetrator has been arrested for domestic violence, the victim can no longer drop the charges. Instead, the state prosecutor now has legal authority over the case. In the majority of domestic violence cases filed in Texas, state prosecutors will elect to pursue charges.

The overall goal of prosecutors is to protect abused victims and not allow them to be manipulated by the perpetrator, only to suffer more physical harm. However, not all domestic abuse cases are cut and dry, which leaves defendants fighting to protect their freedom and reputation.

Anyone who has been arrested for abuse of a family member must hire a domestic violence lawyer who can negotiate with the prosecution. In some instances, a defense attorney may be able to present the state with evidence that the defendant was using self-defense to protect themselves or is the victim of false allegations.

When Should I Consider Hiring a Domestic Violence Attorney to Help Me With My Case?

If you have been charged in a domestic violence case, you cannot wait to hire a domestic violence attorney. Many defendants make the critical mistake of waiting to see what happens in the case before hiring an attorney.

However, as with any criminal case, an attorney needs time to professionally evaluate and gather evidence on their client’s behalf. When defendants wait to hire an attorney, their legal representative has to work overtime to catch up with where the case stands in the legal system.

Instead, it is always wise for individuals facing charges to hire an experienced defense attorney immediately. When you hire an attorney, they can advise you of your rights, what actions you should take, and what to avoid.

Unfortunately, many individuals make mistakes that can jeopardize their cases, such as violating protective orders or attempting to contact other members of the victim’s family.

Contact The Kahn Law Firm, P.C., and ask to schedule a meeting with a Pearland domestic violence defense lawyer who can advise you of the steps you must take while you wait for your case to be resolved.

What Makes Your Pearland Domestic Violence Lawyer the Best Choice to Handle My Criminal Defense?

The Kahn Law Firm, P.C. is dedicated to helping individuals who need skilled legal representation. Our attorneys have a deep understanding of Texas domestic violence laws and what it takes to get favorable results.

Whether a family situation got out of hand, you are defending yourself, or you are the victim of false allegations, we can develop a legal strategy that suits your needs.

When you come to us for help, we work hard to obtain a resolution allowing you to resume your life. We recognize that domestic violence charges can be overwhelming, especially if you have been forced to leave your home or limited on when you can spend time with your children.

Our highly-trained legal professionals have comprehensive experience advocating on our client’s behalf. Our main objective is to work with the prosecution to try and have your charges dismissed or reduced,

For more information about various legal strategies available, contact The Kahn Law Firm, P.C. at 713-999-6549 and ask to schedule a free no-obligation consultation today.