Accusations of domestic violence are seriously damaging. Just to name a few examples, they can ruin your reputation and hurt your opportunities for future employment, loans, housing, and child visitation. What’s worse is if these accusations are false. Read on to discover what is considered a domestic violence offense and how a seasoned McAllen, Texas domestic violence lawyer at Angel Davila Law can work on your behalf in fighting off these accusations.
By Texas law, what is considered domestic violence?
In the state of Texas, domestic violence is considered when a person commits an act of violence or otherwise takes action against a household member, family member, or intimate partner. Specifically, such act of violence put the victim at risk of injury or causes them to feel threatened with imminent bodily injury. The following are acts of violence that may constitute a domestic violence offense:
- Simple assault.
- Physical assault.
- Sexual assault.
- Psychological assault.
- Emotional assault.
- Economic abuse.
- Technological abuse.
What penalties should I expect after being convicted of domestic violence?
Depending on the circumstances of your alleged act of domestic violence, you can face either a misdemeanor charge or a felony charge. For one, a Class A misdemeanor is applicable if you caused the victim to sustain bodily injury, and is associated with a $4,000 fine and up to one year of incarceration. Secondly, a Class C misdemeanor is applicable if you threatened to harm the victim or engaged in offensive contact, and is associated with a $500 fine.
In addition, you may be charged with aggravated domestic assault if you either caused serious bodily injury to the victim or you used or threatened to use a deadly weapon while committing the act of assault. This is usually considered a second-degree felony, and with that comes a $10,000 fine and anywhere between two to 20 years of incarceration. However, if a deadly weapon was used, this will be upgraded to a first-degree felony, which comes with a $10,000 fine and anywhere between five to 99 years of incarceration.
What if I am falsely charged with domestic violence?
In the unfortunate event that you are falsely accused of committing domestic violence, this is all the more reason to fight against it. This is because it is against the law to make such false accusations. And, you should not have to go through this legal struggle if you are innocent.
Regardless of the circumstances of your charge, your best option going forward is to acquire proper legal representation. Nonetheless, look no further than a competent Hidalgo County, Texas criminal defense lawyer. Give us a call today.
Contact Our Hidalgo County, Texas Firm
For quality legal defense for criminal convictions, family law matters, and estate planning matters, contact the Law Office of Angel Davila today.