Collateral Consequences of Domestic Violence Conviction
Domestic violence is a serious charge. In 2016, more than 4,100 arrests were made related to domestic violence and offenses against family and children in Texas. Unfortunately, the crime, due to its severity, can result in harsh repercussions.
A domestic violence conviction can affect a person’s life for years to come. They may face the possibility of fines and/or a prison sentence, depending on the seriousness of the charges. A domestic violence conviction on a person’s permanent criminal record can affect their future in many ways such as employment prospects and child custody. If the domestic violence conviction offense is sexually motivated, then the individual will be required to register as a sex offender in addition to the other statutory penalties.
Texas Domestic Violence Lawyer
Have you or someone you know been charged with domestic violence in Georgetown, Texas? Domestic violence charges are serious, carrying heavy punishments and prison sentences if convicted in Texas. In cases like these, it’s best to obtain skilled legal representation.
Backed by years of experience, the attorneys at Price & Twine, PLLC can help protect your rights if you’ve been accused of domestic violence or family violence. Domestic violence attorneys Michael J. Price and James Twine represent clients in Georgetown and throughout Williamson County. He also defends clients in Williamson County, including Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton and Harker Heights. Call us today at (512) 354-1880 for a free consultation.
- Texas Domestic Violence Crimes
- Penalties for a Domestic Violence Conviction
- Collateral Consequences of a Domestic Violence Conviction
- Additional Resources for Domestic Violence
Texas Domestic Violence Crimes
Domestic violence can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse can include physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. Domestic violence is an act that unfortunately, can happen to anyone. It does not exclude any individual due to race, age, sexual orientation, religion, or gender.
Some domestic crimes include:
- Simple assault
- Criminal damage to property
- Unlawful restraint
- Criminal trespass
This act doesn’t have to be committed against a person’s immediate family either. Ex-spouses, household members, and other domestic relationships are included as well. Most people believe these crimes only applies to spouses. But that just isn’t true.
A domestic violence crime can include any of the following relationships:
- Parents and children
- Foster parents and foster children
- Aunts & Uncles
- Members of the same household
- Those who used to share a household
- Stepparents and stepchildren
- Parents of the same child
Penalties for a Domestic Violence Conviction
Under Texas Family Law Code 71.004, family violence is defined as:
- An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault or sexual assault; or
- A threat that places member in fear of imminent physical harm, bodily injury, assault or sexual assault, but does not included defensive measures to protect oneself; or
- Abuse by a family or household member toward a child of the family or household; or
- Dating violence
The charges for assault family violence could range from a misdemeanor to a felony depending on the specifics of the case. For instance, if a person threatens a family or household member without any physical harm then they could be charged with a class C misdemeanor. The penalties for a class C misdemeanor can result in a fine of up $500.
The punishment ranges for assault family violence in Texas are as follows:
Class A Misdemeanor – Up to 1 year in state jail and up to $4,000 in fines
3rd Degree Felony – 2 to 10 years in prison and up to $10,000 in fines
2nd Degree Felony – 2 to 20 years in prison and up to $10,000 in fines
1st Degree Felony – 5 to 99 years in prison and up to $10,000 in fines
It’s important to note these are not the only penalties a domestic violence conviction carries. A conviction of assault family violence could hurt a person in a number of other ways. They could potentially lose custody of their children and ruin their reputation with friends and family. If an individual is accused, the best thing to do is to contact a domestic violence lawyer with a proven track record of successful outcomes.
Collateral Consequences of a Domestic Violence Conviction
A person’s life may be affected by collateral consequences of a criminal conviction in Texas long after they have completed their sentence. Among them are:
- Loss of the right to vote
- Loss of professional licenses or certifications
- Difficulty finding employment
- Difficulty finding housing
- Loss of gun rights
A competent criminal defense attorney can help you avoid collateral consequences by challenging the evidence which includes questioning the reliability of witnesses. In many cases, a skilled lawyer can also negotiate a plea bargain on your behalf, which may involve pleading guilty to a lesser charge in exchange for a lighter sentence.
Additional Resources for Domestic Violence
Texas Department of Family and Protective Services – The Texas Department of Family & Protective Services provides information on child protective services (CPS), adoption and foster care and generally family laws in the state. Visit the website to access the Texas youth hotline and learn about ways you can help.
Texas Penal Code: Offenses Against the Family – Visit Chapter 25 of Texas Penal Code to view common offenses committed against the family. This chapter also includes penalties for convictions of such crime, including violations of protective orders and continues violence against the family.
Texas Abuse Hotline – The Department of Family and Protective Services provides this secure website for reporting suspicions of abuse, neglect and exploitation of children, adults with disabilities, or people 65 years or older. Visit the website to report a situation that does not need to be investigated right away. The webpage advises that if you need to report urgent or emergency situations, to call Texas Abuse Hotline (1-800-252-5400).
Georgetown Domestic Violence Lawyer | Williamson County, TX
At Price & Twine, PLLC, we understand how serious the problem of family abuse can be for victims of domestic violence. Our trial attorneys will do everything possible to help you avoid jail by proving your innocence or fighting for a penalty reduction as an alternative to jail.
Contact our offices at (512) 354-1880 to schedule a consultation about your domestic violence charges right away. Price & Twine, PLLC represents clients throughout the Georgetown area and surrounding communities in Williamson and Bell County, including Round Rock, Cedar Park, Killeen, Temple, Leander, Taylor, and Hutto. We are standing by to take your call.