Domestic Violence

Assault Family Member and Other Cases with Findings of Family Violence

Assault Family Member and other domestic violence charges are among the most complex and serious in the criminal justice system. If you are facing accusations of domestic violence in Houston, understanding the legal landscape and having the right defense strategy is crucial. At Aaron Chapman Law, we specialize in providing robust criminal defense for those accused of domestic violence, ensuring your rights are protected through every phase of the legal process.

What Constitutes Domestic Violence?

The law in Texas addresses domestic violence by creating a family violence finding that is added to a normal charge of an assault or aggravated assault offense. In order to have a finding of family violence, the accused must have a particular relationship with the alleged victim in the case. The alleged victim must be either:

A family member
A spouse
Living together with the accused, or
In a dating relationship with the accused

Below are the main charges that are paired by the prosecution with a finding of family violence:

Assault Family Member: intentionally or knowingly causing bodily injury to another person or threatening another with imminent bodily injury, if the other person is a family member, a spouse, living with the accused, or in a dating relationship of the accused.
Assault Family Member 2nd Offender: if the accused is charged with assault family member and has a previous conviction that has a finding of family violence, then the assault family member charge can be upgraded or enhanced to Assault Family Member 2nd Offender.
Assault Family Member Impeding Breath or Blood: if it is alleged that the accused impeded the breath or blood of the alleged victim during the assault, then the assault family member charge becomes an Assault Family Member Impeding Breath or Blood charge.
Aggravated Assault of a Family Member: the accused can be charged with an aggravated assault member case if it is alleged the accused committed an assault family member and additionally either:
1. Caused seriously bodily injury to the alleged victim
2. Used or exhibiting a deadly weapon
Continuous Violence Against the Family: If the accused allegedly commits two or more assaults against a family member, spouse, roommate, or with someone they have a dating relationship, within 12 months, even if they are against different alleged victims, the accused can be charged with the felony Continuous Violence Against the Family.

Penalties for assaults with a finding of family violence increase with the severity of the charge, going from misdemeanor to felony:

Assault Family Member: Class A Misdemeanor. Carries a possible punishment of up to 180 days in county jail and up to a $4,000 fine.
Assault Family Member 2nd Offender: Third Degree Felony. Carries a possible punishment of up to 2 years in prison to 10 years in prison and up to a $10,00 fine.
Assault Family Member Impeding Breath or Blood: Third Degree Felony. Carries a possible punishment of up to 2 years in prison to 10 years in prison and up to a $10,000 fine.
Assault Family Member Impeding Breath or Blood with Prior Family Violence Conviction: Second Degree Felony. Carries a possible punishment of 2 years in prison to 20 years in prison and up to a $10,000 fine.
Aggravated Assault of a Family Member: Second Degree Felony. Carries a possible punishment of 2 years in prison to 20 years in prison and up to a $10,000 fine.
Continuous Violence Against the Family: Third Degree Felony. Carries a possible punishment of 2 years in prison to 20 years in prison and up to a $10,000 fine.

Depending on the circumstances, the accused may be eligible for deferred adjudication or probation. If the accused has been convicted and received a prison sentence before the punishment ranges may be increased.

Being charged with an offense that alleges family violence also usually come with a Magistrates Order of Emergency Protection. This order often keeps an accused from being able to go to the address where the complainant resides. This often includes the accused’s own residence, even if they are the sole property owner of the residence. It also can limit the accused’s ability to contact the alleged complainant or the accused’s children. It also often restricts the accused’s right to possess firearms.

The complainant may, and often does, seek a temporary or multi-year protective order in civil court. These protective orders can be sought in a new civil case or in a pending divorce.

Hiring an experienced attorney like Attorney Aaron Chapman is vital for navigating these restrictions and fighting them to the fullest extent.

Common Defenses Against Domestic Violence Charges

A skilled attorney can employ several defense strategies to fight assault family member and other domestic violence accusations. Key defenses include:

Self-Defense: Demonstrating that the actions were necessary to protect oneself from imminent harm.
False Allegations: Proving that the accusations are false, often arising out of spite, custody battles, or attempts to gain leverage in divorce proceedings.
Lack of Evidence: Highlighting inconsistencies or insufficiency in the prosecution’s evidence.
Mutual Combat: Arguing that both parties were equally involved in the conflict.
Constitutional Violations: Challenging unlawful arrests, searches, and other procedural errors.

The Importance of Legal Representation

Facing domestic violence charges without proper legal representation can be daunting and detrimental. An experienced criminal defense attorney is essential for several reasons, each crucial to ensuring a fair trial and protecting your future.

A criminal defense lawyer can help you understand the specific charges and potential penalties you face, providing clarity and direction. This understanding is pivotal as it demystifies the legal jargon and complex procedures, enabling you to make informed decisions about your defense strategy. Without this guidance, you may be overwhelmed by the intricacies of the legal system and the gravity of the accusations.

Crafting a robust defense strategy tailored to your unique circumstances is where the expertise of a seasoned attorney truly shines. A competent lawyer will leverage evidence, witnesses, and legal precedents to build a compelling case in your favor. This comprehensive approach ensures that no stone is left unturned and that your defense is as strong as possible, considering the specifics of your situation.

In addition to developing a strong defense, skilled attorneys can often negotiate reduced charges or alternative sentencing options, such as probation or counseling, instead of jail time. Plea deals can be a crucial facet of legal strategy, offering a way to mitigate the worst potential outcomes of a domestic violence charge. An attorney’s negotiation skills can make a significant difference in the final resolution of your case.

Professional representation in court is another critical role an attorney plays in your defense. Facing a judge and prosecutor without an expert advocate can be intimidating and fraught with risks. An attorney ensures that your case is presented effectively, protecting your rights throughout the legal proceedings. They are trained to handle the dynamics of the courtroom, challenge improper evidence, and provide clear arguments that support your case.

Navigating the emotional strain of criminal charges, particularly in domestic situations, is less burdensome with a committed legal ally by your side. The emotional turmoil can be overwhelming, and an attorney can provide not only legal support but also reassurance and stability during a stressful time. They help manage the stress by handling the legal complexities, allowing you to focus on personal well-being.

Facing domestic violence charges without proper legal representation significantly increases the risk of an unfavorable outcome. An experienced criminal defense attorney is indispensable for understanding the charges, building a strong defense, negotiating plea deals, effectively representing you in court, and providing necessary emotional support. If you find yourself charged with domestic violence, securing an experienced attorney should be your top priority.

Make the Right Choice, Choose Aaron Chapman Law

At Aaron Chapman Law, we understand the severe implications of assault family member and other domestic violence charges and the importance of a steadfast defense. Here’s why we’re the right choice:

Experience: Our legal team has extensive experience in handling assault family member and all other types of domestic violence cases, with a proven track record of favorable outcomes.
Personalized Defense: We treat each case with the individuality it deserves, crafting personalized defense strategies tailored to your situation.
Aggressive Representation: Aaron Chapman is tenacious in court, ensuring that every legal avenue is explored and leveraged for your defense.
Confidential Consultations: We offer confidential consultations to discuss your case details and explore your legal options without obligation.
Comprehensive Support: Beyond courtroom representation, we provide comprehensive support through every step of the legal process, ensuring you are informed and empowered.

Steps to Take if Accused of Domestic Violence

If you find yourself accused of assault family member or any other type of domestic violence charge, it is critical to act swiftly and wisely. The first, and most important, step is to seek legal counsel immediately. Contact an experienced domestic violence attorney before speaking to law enforcement or responding to any allegations. A knowledgeable attorney will guide you through the complexities of the legal system and help protect your rights from the outset.

Next, it is imperative to avoid contact with the accuser and strictly adhere to any protective orders or no-contact directives that may be in place. Ignoring these can lead to further legal complications and can severely harm your defense. Simultaneously, make it a priority to document everything meticulously. Keep detailed records of events, communications, and any evidence that supports your side of the story. This information can be invaluable to your attorney in building a strong defense.

Additionally, identify and speak to potential witnesses who can corroborate your version of events. Their testimonies may provide critical support to your defense strategy. Lastly, maintain your composure throughout the legal process. Stay calm and composed, as outbursts or aggressive behavior can significantly undermine your defense. By following these steps, you can better navigate the challenging circumstances of a domestic violence accusation.

Hiring a Domestic Violence Criminal Defense Attorney

Domestic violence charges can have life-altering consequences, affecting your personal freedom, relationships, and future opportunities. At Aaron Chapman Law, we are committed to providing dedicated and effective defense for those accused of domestic violence in Houston, Texas. If you are facing such charges, do not wait—contact us today for a confidential consultation and take the first step towards protecting your rights and securing your future.