Domestic violence and family violence are serious matters in Dallas. However, with an experienced Dallas domestic violence lawyer at the Edgett Law Firm by your side, a mere accusation doesn’t mean you have to be convicted. Contact us at 214-661-1699 for a free consultation.
Unfortunately, people falsely accuse spouses and romantic partners of domestic violence all the time. Sometimes the accusations are designed to gain leverage in a divorce or child custody dispute. Other times, allegations are simply made out of anger or spite.
If you’ve been accused of domestic violence or slapped with a protective order, give us a call today. We offer a free consultation, so there’s no risk in learning more about your legal rights and how a lawyer can help.
How the Edgett Law Firm Will Help You Fight Domestic Violence Charges in Dallas
When you’re facing family violence charges, jail time, financial fines, and even potential loss of your child custody rights are all on the line. You deserve a strong and vigorous defense. At the Edgett Law Firm, we’re here to help you through the challenges you might face along the way. We handle every aspect of your defense and will work tirelessly to protect your rights throughout the entire criminal process.
When you hire us to fight for you, our Dallas criminal defense lawyers will:
Uphold Your Constitutional Rights
Police and prosecutors have a duty to protect your constitutional rights. In their haste to arrest and convict, that duty is unfortunately often overlooked. If the police failed to respect your right to remain silent or failed to read your Miranda rights, we can use that to get evidence excluded from consideration in your case.
Between us, our criminal defense attorneys have decades of experience defending clients. We know how to spot a violation of your Constitutional rights–and we know what to do to make things right.
Guide You Through the Criminal Justice Process
The Texas criminal justice system is complex. It’s easy for inexperienced lawyers to make errors that could cost you. With the Edgett Law Firm, you can rest assured that your case will be handled by a seasoned criminal defense lawyer with a proven track record of success.
Our lawyers in Dallas will make sure you understand your rights, your options, and what might happen next. We give you the personal attention you deserve throughout the entire criminal process–so that you can breathe easy knowing that your defense is in good hands.
Negotiate Behind the Scenes with Prosecutors
In any criminal case, results are often obtained behind the scenes. Prosecutors often offer plea deals to clear their caseloads more quickly. Unfortunately, those deals are often harsh and unfair. That’s why it is always important to consult with an experienced lawyer before signing anything.
At the Edgett Law Firm, we’re known for our ability to win at trial. Our reputation and track record of success give us leverage with the prosecutors who have control over the terms of a potential plea bargain. If taking a plea is in your best interests, we’ll fight to secure the best deal possible.
We do that by making sure we have all of the facts–and by building a case supported by the strongest possible evidence in your favor. We know what types of evidence can be used to convince the prosecution to reduce or drop your charges. To learn more about how we can put our skills to work for you, give us a call today.
Overview of Dallas Domestic Violence Charges in Texas
Texas Family Code Section 71.001 defines domestic violence as physical or sexual violence:
- Against a family member, such as spouses
- Against household members, including roommates
- Against a child of the family or household
- That takes place in a dating relationship or against a former dating partner
Credible threats that reasonably cause the victim to believe that physical harm, bodily injury, assault, or sexual assault can also be used to support domestic violence charges. In other words, you don’t actually have to injure the victim to be charged with family violence in Dallas.
Texas Penal Code Section 22.01 makes it a crime to:
- Intentionally, knowingly or recklessly cause bodily injury to someone else (including a spouse)
- Intentionally or knowingly threaten another with imminent bodily injury (including a spouse)
A domestic assault that results in injury is usually a Class A felony. However, if the assault is domestic, it can be elevated to a felony charge if the defendant had any prior family violence convictions.
The charges can be aggravated to a much more serious crime if a weapon was involved or the victim suffers serious bodily injury.
Stalking and Harassment
Under Texas Penal Code Section 42.027, stalking involves repeatedly and knowingly engaging in certain conduct that:
- Is threatening
- That a reasonable person would perceive as threatening to their safety
- Causes the family member or domestic partner to actually experience fear for their safety
Stalking is punishable as a felony in Dallas, Texas. A lawyer who knows the ins and outs of Texas family laws can help build an effective defense to stalking charges, including cyberstalking charges.
Violation of a Protective Order
Under Texas Penal Code Section 25.07, violating the terms of a protective order is a criminal offense. It’s a crime whether the defendant is accused of committing another act of domestic violence or simply communicated with the protected party in violation of the order.
At the Edgett Law Firm, we have years of experience helping people who have been accused of abusing their spouses and romantic partners. If you’ve been accused, call our criminal law offices today to learn more about how we can help fight the charges.
Conviction on Domestic Violence Charges Carries Severe Penalties
The state of Texas doesn’t take domestic disputes lightly. If you’re convicted on charges involving family violence, you could face significant penalties. Those penalties include jail time, financial penalties, counseling, and more.
Even before you have your day in court, judges in Texas can issue an emergency protective order that might:
- Restrict your ability to return to your home
- Prohibit you from contacting the alleged victim, both electronically or in person
- Restrict your right to see your children
- Restrict your right to possess a firearm
- Limit your freedom of movement, therefore limiting your ability to participate in community events or see family
- And more
If convicted of the underlying criminal offense, the exact penalties will vary in accordance with the severity of the crime. Examples of the punishment you might face include:
- Class C misdemeanor charges, which can result in a $500 fine
- Class A misdemeanor charges, which can result in up to one year in jail and $4,000 in fines
- Third-degree felony charges, which can result in between two and ten years in prison and $10,000 in fines
- Second-degree felony charges, which can result in between two and 20 years in prison and $10,000 in fines
- First-degree felony charges, which can result in between five years and life in prison
Judges have the authority to impose harsher prison sentences and financial penalties under certain circumstances, such as when the victim was a child or senior citizen. Multiple domestic violence convictions will also result in harsher penalties–anyone with a prior record of domestic assault can be charged with a third-degree felony.
You might also be required to complete mandatory counseling. If convicted, you’ll also have a criminal record that can make it more difficult to find a job, housing, or get custody of your children.
Our Dallas domestic violence defense attorneys are here to advocate for your rights if you’ve been accused of hurting a family member. We know it might seem like the odds are against you. Our skilled legal team will do everything we can to get the best outcome for you.
What Types of Defense Options Are Available if I’m Accused of Domestic Violence?
A strong, well-founded defense is key to preventing an allegation from becoming a conviction. Depending upon your specific case, a comprehensive defense strategy might include:
Arguments within the family can quickly become contentious. While that doesn’t give anyone the right to hurt others, if you were acting in self-defense, that might be a valid defense to the charges.
Ynfortunately, false allegations are common in domestic violence cases. Our lawyers will work to establish the basis behind the allegations. If we can show that the alleged victim had a motive to lie (or actually did lie), the prosecution’s case becomes that much weaker.
The prosecution has to prove the underlying domestic violence charge beyond a reasonable doubt to convict. If the prosecution lacks sufficient evidence to prove every element of the crime, we may be able to get your case dismissed. For example, you may have lacked the required knowledge or intent needed to support the charge.
Contact an Experienced Dallas Domestic Violence Lawyer For a Free Consultation
At the Edgett Law Firm, our passionate criminal defense lawyers are backed by decades of real-world trial experience. We’ve already helped thousands of clients successfully put their criminal matters in the past.
If you have been accused of domestic violence, don’t hesitate to call an experienced Dallas domestic violence lawyer for a free consultation today. You can also fill out this online contact form to get in touch. We serve clients in Dallas, TX, and surrounding areas.