Facing Enhanced Domestic Violence Charges in Collin County
Texas law creates heightened penalties for individuals accused of committing repeated acts of family violence. The offense known as continuous violence against the family transforms what might otherwise be misdemeanor charges into a serious felony. If you’re facing this accusation in Collin County, understanding the charges and securing experienced defense representation should be your immediate priorities.
At Edgett Law Firm, we defend individuals throughout Collin County against domestic violence allegations, including enhanced charges for continuous violence. We recognize that these situations are often far more complicated than police reports suggest, and we work diligently to ensure that courts hear the full story.
What Constitutes Continuous Violence Against the Family?
Under Texas Penal Code Section 25.11, a person commits this offense if, during a period of 12 months or less, they engage in two or more acts of assault against a family member, household member, or dating partner. This charge exists to address patterns of alleged domestic violence through enhanced penalties.
The critical elements prosecutors must prove include:
- Two or more separate incidents of assault
- Both incidents occurred within a 12-month period
- The alleged victim qualifies as a family member, household member, or dating partner
- The defendant committed the assaults intentionally, knowingly, or recklessly
Importantly, prosecutors can bring this charge even without prior convictions for family violence assault. The allegation of two incidents within the timeframe is sufficient to trigger the enhanced charge.
Penalties and Long-Term Consequences
Continuous violence against the family is classified as a third-degree felony in Texas. Conviction carries:
- Prison sentences ranging from 2 to 10 years
- Fines up to $10,000
- A permanent felony record
- Loss of firearm rights under federal law
- Potential immigration consequences for non-citizens
- Impact on child custody and visitation rights
- Professional licensing restrictions
These consequences extend far beyond the sentence imposed by the court. A family violence felony conviction affects employment opportunities, housing applications, and personal relationships for years after any sentence is completed.
Defense Strategies for These Allegations
Defending against continuous violence charges requires careful analysis of the prosecution’s case and development of strategies tailored to your specific circumstances. Common approaches include:
Challenging the Timeframe
Prosecutors must prove both alleged incidents occurred within 12 months. We examine evidence carefully to determine whether this element can actually be established.
Questioning Incident Details
Each alleged assault requires proof of specific elements. We investigate the circumstances of each incident, looking for evidence that contradicts the accusations or establishes legitimate defenses.
Self-Defense Arguments
Texas law recognizes the right to defend oneself, even in domestic situations. If you acted to protect yourself from harm, this may provide a complete defense to the charges.
Witness Credibility Issues
Domestic violence cases often rely heavily on the alleged victim’s testimony. We examine potential inconsistencies, motivations for false accusations, and other credibility concerns.
Constitutional Violations
Police investigations must comply with constitutional requirements. We scrutinize how evidence was gathered and whether your rights were violated during the investigation or arrest.
Why These Cases Require Experienced Defense
Continuous violence against family cases presents unique challenges that demand attorneys who understand both the legal landscape and the human dynamics involved. Prosecutors often pursue these charges aggressively, and judges take them seriously, given the ongoing nature of the alleged conduct.
These cases frequently involve:
- Conflicting accounts of what occurred
- Emotional testimony that can sway factfinders
- Evidence that requires careful interpretation
- Complex relationships between the parties involved
- Potential for charges to be dropped or modified with proper advocacy
We approach each case with thorough preparation and strategic thinking. Our goal is to achieve the outcome that protects your future and allows you to move forward with your life.
Take Action to Protect Your Rights
If you’ve been charged with continuous violence against the family in Collin County, contact Edgett Law Firm at 972-424-0760 to schedule a free consultation. We’ll review your case, explain your options, and develop a defense strategy designed to achieve favorable results. Your future is too important to leave to chance.