Domestic violence charges can follow over a variety of situations. The state can prosecute one person due to the claims of another party or what police officers witness when responding to a call. Sometimes, a conflict between spouses or romantic partners leads to one calling the police. Other times, uninvolved third parties might notify law enforcement about an altercation underway. Texas prosecutors pursue domestic assault charges in scenarios involving those with familial ties, current or prior romantic relationships or a history of cohabitation.
Many people feel embarrassed about domestic assault allegations and might seek to move past them quickly by pleading guilty. Doing so can be of major mistake due to the penalties possible in the wake of such a decision.
Criminal consequences
A first-time domestic assault charge is a Class A misdemeanor under current Texas laws. If a defendant pleads guilty or gets convicted, the penalties possible include up to $4,000 in fines and a year in jail. Those facing a second or subsequent charge could face third-degree felony charges. The penalties possible include between two and 10 years in prison and as much as $10,000 in fines. In cases involving a deadly weapon or severe bodily injury. Such cases involve second-degree felony charges. The penalties possible include between two and 20 years in prison and a $10,000 fine. In particularly severe cases, the state can pursue first-degree felony charges that lead to between five and 99 years in prison.
Social consequences
A domestic violence conviction can follow someone for life. It can affect their career development or eligibility for higher education opportunities. Even landlords may avoid renting to those with a history of domestic violence. In cases where allegations of domestic violence occur prior to a divorce or in a shared custody scenario, there can be even more concerning consequences. Family law judges do sometimes consider allegations of interpersonal violence when allocating parental rights and responsibilities. Someone who loves their children might receive less time with them because of a prior guilty plea.
There are many potential defense strategies that can help people avoid a domestic violence conviction. Responding assertively to pending charges often leads to a better outcome than pleading guilty to keep a matter out of court.
