Domestic Violence Attorney in Houston, Texas
Being charged with violent crimes by someone can be extremely intimidating. Aside from the thought of going to jail, there is also a high possibility that your future freedom will be restricted. Keep in mind that crimes are personal in nature, and every crime is a violation against the state. As a result, even if the complainant does not choose to pursue the criminal case, the prosecutor may do so since they are authorized by the state. Getting help from a competent domestic violence defense attorney to fight for you will be the best step to take.
For years, Scott M. Brown & Associates in Houston has won hundreds of criminal cases. We meticulously investigate the facts of the case and are constantly attentive to all aspects, whether inside or outside of the courts. We consider your future reputation, which is why we will go to any extent to provide substantial legal help. If you or someone you know has been facing domestic violence charges, you will need the assistance of an reliable criminal defense lawyer.
Why do I need a Domestic Violence Defense Attorney in Texas?
In most circumstances, even if the complainant does not wish to proceed, the district-attorney will not agree to withdraw the criminal charges. You must have the services of a criminal defense attorney who is trustworthy, skilled, and aggressive. One of your finest decisions may be to consider their qualities before hiring. This is why:
- Trustworthy. There is little to no chance of you having any problems if your criminal-lawyer is trustworthy and reputable in the region. To begin with, you are aware that the lawyer’s reputation was earned by performing due diligence in the courtroom. Second, your lawyer’s reputation stems from the prosecutors with whom they had previously engaged. Finally, they unquestionably won criminal cases and satisfied their clients.
- Skilled. You should opt for a criminal attorney that has developed exceptional skills through experience. Hiring someone who is just starting out is not a good idea. If the lawyer specializes in criminal defense, they will know the criminal laws better than any other lawyer in town.
- Aggressive. You don’t want a defense attorney who is afraid of the prosecutor’s questioning. One of the most important factors in winning a criminal case is the lawyer’s aggressiveness. To win the case, a lawyer must develop an aggressive defense strategy. He must aggressively think of protecting your future freedom.
Scott M. Brown & Associates is a reputable defense firm in Houston with many years of expertise successfully resolving tough criminal cases. We built our name in the region by providing excellent client assistance and defending them in a strong and aggressive manner.
What is Domestic Violence?
Domestic violence is a violent crime in Texas, and all prosecutors will treat it seriously. The crime may be an attack on a spouse, a member of a family through blood, marriage, or adoption, a member of the household, or a past romantic partner. Domestic violence laws may apply to everyone who is related by affinity, including adopted kids and adoptive carers. Domestic violence statutes in Texas may also apply if the victim was a previous spouse, a person with whom the offender had children, or a child of a spouse.
What are the different types of charges?
- Assault Bodily Injury – Family Member. This relates to committing bodily injury to a family member. Before the conviction, the judge can impose a set of penalties as a condition of bail. This includes curfews and other limitations that keep you away from specific persons and your alleged victim.
- Assaulting Family Member – Impeding Breath. In the criminal-law, strangulation or choking is when a person is being choked out or being put in a stranglehold where they lose consciousness. To be charged with this criminal offense, no evidence of redness, bruising, or hand marks is required. All that is necessary is for someone to state that your acts have hindered the circulation of their air.
- Affidavit of Non-Prosecution. Prosecutors, as previously stated, are in charge of overseeing the case. In some circumstances, the victim will file an affidavit of non-prosecution stating that they will no longer support the claims for various reasons. It should be noted that prosecutors have the option of either stopping or continuing the case. If the prosecution will choose to continue, the case will continue.
What are the penalties for Domestic Violence?
Penalties, like those in any other criminal case, will always vary. Several considerations will be examined in domestic violence laws. It takes into account the severity of the bodily injury as well as the accused’s previous criminal history. Below are the penalties of Domestic Violence:
- Class A misdemeanor domestic threat convictions can result in up to a year jail time and a fine of up to $4,000.
- 3rd Degree felony domestic assault can entail jail time for 2 to 10 years and a fine of up to $10,000.
- 2nd Degree felony domestic assault comprise imprisonment for 2 to 20 years and a fine of up to $10,000.
- 1st Degree felony aggravated domestic assault can include imprisonment for 5 to 99 years and a fine of up to $10,000.
Aside from jail time and fines, the defendant may be ordered to make restitution, attend counseling, and lose the privilege to carry a handgun. Being charged with a crime of domestic violence may make it difficult to obtain work, locate housing, or qualify for certain benefits.
What are the defenses for Domestic Violence?
In most domestic violence cases, criminal defense lawyers will use one of the following three primary defenses:
- Self-defense. Whether the situation is domestic or not, self-defense is frequently justified. To employ this, the defendant must be firm and prove that he or she was threatened with wrongful injury or force, which compelled him or her to defend himself, and that he or she used reasonable force in response.
- Falsely accused. Being wrongfully accused is a typical defense in Houston, Texas. A person may be accused during a contentious divorce or child custody dispute. This allegation is incorrect, yet it is used as leverage. There are persons being accused of domestic violence because of anger or bitterness from the complainant.
- Unintentional act. Domestic violence, as noted previously, is defined by Texas law as an intentional, reckless, or willfully committed act against the victim. It is a reasonable defense to argue that the conduct was accidental rather than intentional. In that case, the crime does not meet the criteria for being categorized as domestic violence.
Call our Domestic Violence Defense Lawyer Now!
When you are convicted of domestic violence, the fines and charges you face can severely limit your freedom in the future. A domestic violence conviction not just entails fine or incarceration, but also have a negative effect on the educational, professional, and social aspects of your life. If you are accused of domestic abuse by someone, it is imperative that you do not speak to anybody about the charge other than an attorney. You should look for an experienced, reputable, and aggressive domestic violence attorney in town.
Scott M. Brown & Associates is a well-known law firm in Houston, Texas. With years of expertise on criminal law, notably domestic violence, child abuse, assault, and drug offences, among other things, our criminal defense attorneys are always devoted to providing a one-of-a-kind and aggressive legal representation to safeguard your freedom. We also handle family law and personal injury cases in addition to criminal law. If you are facing domestic abuse accusations, consult a skilled attorney today!