Have you been accused of domestic violence in Frisco, Texas? At the Edgett Law Firm, we are here to fight for you. Contact our law office today at (972) 424-0760 to schedule a free case review with a Frisco domestic violence defense lawyer to discuss your case.
The potential penalties you are facing are serious and extend beyond possible jail time. A domestic violence charge can come with a protective order against you that limits your rights. A conviction can also limit your rights, including the right to own a gun. You do not have to face these charges alone. Make the Edgett Law Firm your first call.
How the Edgett Law Firm Can Help When You Are Facing Domestic Violence Charges in Frisco
When you are facing allegations of domestic abuse, you may feel overwhelmed and frightened. Texas law treats domestic violence very seriously with wide-ranging penalties for conviction including jail time, probation, hefty fines, protective orders, and counseling. Sadly, many men and women face these penalties due to false allegations.
According to a Stop Abusive and Violent Environments (SAFE) survey, 1 in 10 adults has been falsely accused of child abuse or domestic violence. About 7 in 10 false accusers are female. False allegations are often made after suspicion of infidelity or during family law cases – including divorce and child custody battles.
You deserve a vigorous defense against the charges you are facing. However, you can trust that the prosecution will not go easy on you without experienced legal representation. The Edgett Law Firm is here to help you protect your rights and fight against these unfair charges.
Collectively, our Frisco criminal defense lawyers have more than 22 years of experience and have successfully handled more than 5,000 cases over more than a decade of practice. We have earned a reputation among local judges and prosecutors for our honest legal representation.
When you choose our law firm to represent you in Frisco or Plano, TX, our criminal defense attorneys will:
- Conduct a thorough analysis of your case
- Gather evidence to build a strong defense
- Assess weaknesses in the prosecution’s case and the petitioner’s version of events
- Represent you in court
- Negotiate for a reduction or dismissal of the criminal charges you face or a fair plea bargain
A domestic violence conviction can have life-changing consequences ranging from loss of freedom and rights to the loss of a professional license and mandatory intervention programs. Do not face them alone. Call the Edgett Law Firm today to schedule a free consultation with a Frisco domestic violence lawyer to build your defense.
What Is Domestic Violence in Frisco?
Under Texas Family Code Section 71.001, domestic violence is defined as sexual or physical violence against a family member, household member, child of the household or family, a dating partner, or former partner.
There are three types of Texas domestic violence offenses:
- Domestic assault
- Aggravated domestic assault
- Continuous violence against the family
Depending on the domestic violence charge you are facing, it may be charged as a misdemeanor or a felony.
Domestic assault is defined under Texas Penal Code Section 22.01 as:
- Knowingly, intentionally, or recklessly causing bodily injury to one of the above parties
- Knowingly or intentionally threatening one of these parties with imminent bodily injury
- Knowingly or intentionally causing physical contact the offender knows or has reason to believe the other party will find offensive or provocative
Domestic assault that causes injury is generally a Class A misdemeanor. With any prior domestic violence convictions, domestic assault becomes a third-degree felony.
Aggravated Domestic Assault
Aggravated domestic assault refers to domestic violence that causes serious bodily injury to a victim or the use of a deadly weapon while carrying out or threatening assault.
While there isn’t a specific definition of “serious” bodily injury, it can include loss of limb, fractures, head injuries, and disfigurement. “Deadly weapon” refers to any weapon or object that can cause death such as firearms, knives, or even a baseball bat.
Aggravated domestic assault is a second-degree felony in the state of Texas. If a deadly weapon was used to cause serious bodily injury, it is a first-degree felony.
Continuous Violence Against the Family
If you commit two or more domestic assaults within two months, the charge of continuous violence against the family may be applied. This offense is charged when previous crimes resulted in conviction or arrest and it may be applied when there are multiple victims.
Continuous violence against the family is a third-degree felony.
Other Acts Domestic Violence
Other offenses not specifically defined as domestic violence may be considered domestic violence if they occur against a family or household member. This includes offenses that do not cause bodily harm. This includes the following:
- Unlawful confinement
- Violation of a protective order
These other offenses may be a misdemeanor or felony.
Penalties for Domestic Violence in Frisco, TX
Domestic violence is taken very seriously in Frisco with harsh penalties if convicted:
- Class A misdemeanor (domestic assault) can be punishable by up to 1 year in jail and up to $4,000 in fines
- Third-degree felony (aggravated domestic assault) can be punishable by 2-10 years in prison and up to $10,000 in fines
- Second-degree felony (continuous violence against the family) can be punishable by 2-20 years in prison and up to $10,000 in fines
- First-degree felony (aggravated domestic assault with a deadly weapon) can be punishable by 5-99 years in prison and up to $10,000 in fines
In addition to these penalties, you may be ordered to pay restitution, perform community service, and attend counseling. A conviction will result in a permanent criminal record that can affect your employment opportunities and affect relationships in the future
An additional and very serious consequence of a domestic violence charge is a protective order. A temporary ex-parte order can be issued based on allegations, even before you have the chance to defend yourself. A permanent protective order can be issued against you after a hearing and limit your rights for up to two years.
After a domestic violence arrest, you can also face an emergency protective order issued through criminal court.
If a protective order is issued against you, you can be ordered to stop all contact with the other party, including text messages, and even be forced to move out of your home.
Alternatives to Jail
There are possible alternatives to jail if convicted of domestic violence. The court may grant probation rather than jail for up to 2 years for misdemeanors and 2-10 years for felonies. Some jail time, or 30-180 days, may be ordered before probation begins.
Defendants who plead guilty may also qualify for deferred adjudication. This means the court will postpone sentencing for a certain period of time if the offender complies with probation terms, performs community service, and is not arrested for a new offense. If these requirements are met, the offender is discharged. The prior arrest, deferred adjudication, and dismissal will still be on the offender’s criminal record.
Deferred adjudication may be available to first-time domestic assault offenders but not for aggravated domestic assault.
Prosecutors in Frisco are not sympathetic to defendants accused of acts of family violence. They will not believe that it was a mistake or claims that the alleged victim is being dishonest. Even if the accuser agrees to drop the charges, the district attorney’s office may proceed anyway.
This is why it is crucial to seek experienced counsel from a Frisco domestic violence attorney as soon as possible.
Contact a Frisco Domestic Violence Defense Lawyer for a Free Case Review
It can be easy to find yourself facing domestic violence allegations and arrested on the spot, sometimes due to a partner or ex who has made an accusation, even without evidence. The consequences of a domestic violence conviction are serious and may follow you for the rest of your life. You do not have to face these serious charges and the full force of the state’s prosecution alone.
Contact the Edgett Law Firm today to schedule a free consultation with a Frisco domestic violence defense lawyer. We represent clients across Collin County, Denton County, Dallas County, and beyond. Our team is here to help with a vigorous legal defense to fight for your freedom.