Misdemeanor offenses of domestic assault in Texas that do not result in bodily injury to victims require prosecutors to prove that the accused acted intentionally or knowingly. Under the definitions of culpability established in Title 2, Chapter 6 of the Texas Penal Code, a person acts intentionally when it is his or her conscious objective or desire to engage in the proscribed conduct or cause the result while the person acted knowingly and he or she was aware that his or her conduct was reasonably certain to cause the result.
Texas Penal Code § 6.03(c) establishes that a person acts recklessly when he or she is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
A person can be charged with a Class A misdemeanor domestic assault offense if he or she intentionally, knowingly, or recklessly causes bodily injury to another party, including the person’s spouse, and a conviction—even for a domestic violence crime committed recklessly—can result in that person losing his or her right to possess a firearm.
Attorney for Reckless Domestic Violence Arrests in Georgetown, TX
Were you arrested in Central Texas for recklessly committing a domestic violence crime? Do not try to explain to yourself to authorities. Instead, you should contact Price & Twine, PLLC as soon as possible.
Michael J. Price is an experienced criminal defense lawyer in Georgetown who defends clients accused of domestic violence offenses in Belton, Cedar Park, Georgetown, Harker Heights, Hutto, and several other nearby areas in Williamson County and Bell County.
Call (512) 354-1880 today to have our attorney review your case and answer all of your legal questions during a free, confidential consultation.
Overview of Reckless Domestic Violence in Texas
- Which domestic violence convictions result in firearm prohibition under Texas state law?
- How does federal law prohibit domestic violence offenders from possessing firearms?
- Where can I find more information about reckless domestic violence in Georgetown?
Under Texas Penal Code § 46.04(a), a person commits the crime of unlawful possession of a firearm if he or she has been convicted of a felony and possesses a firearm before the fifth anniversary of his or her release from confinement or supervision under community supervision, parole, or mandatory supervision, whichever date is later; or after the aforementioned period at any location other than the premises at which the person lives.
Texas Penal Code § 46.04(b) further states that a person can also be charged with this crime if he or she possesses a firearm before the fifth anniversary of the later of the date of his or her release from confinement or community supervision following a conviction for a Class A misdemeanor violation of Texas Penal Code § 22.01. A person commits a Class A misdemeanor assault offense under Texas Penal Code § 22.01 if he or she intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse.
When an alleged victim is a family or household member, the crime is commonly referred to as domestic assault. Offenses committed recklessly may not have involved intentional efforts to cause bodily injury to an alleged victim, but convictions can still result in loss of firearm rights for alleged offenders.
Voisine v. United States, 579 U.S. ___ (2016) was a United States Supreme Court examined whether two offenders were subject to the Lautenberg Amendments under, Title 18 U.S.C. § 922(g)(9), which prohibit possession of firearms by individuals convicted of misdemeanor crimes of domestic violence.
Both Voisine and Armstrong contended that they were not subject to the Lautenberg Amendment’s prohibition because their prior convictions were based on reckless, rather than knowing or intentional, conduct that thus did not qualify as misdemeanor crimes of domestic violence.
The Court held that even reckless misdemeanor domestic violence convictions can result in prohibitions on firearm ownership.
Voisine v. United States | Oyez — Oyez (pronounced oh-yay) is a multimedia archive from Cornell’s Legal Information Institute (LII), Chicago-Kent College of Law, and Justia.com that is “devoted to making the Supreme Court of the United States accessible to everyone.” Visit this website to listen to the oral arguments and opinion announcement for Voisine. You can also read the full opinion of the court as well the dissenting opinion from Justice Clarence Thomas.
Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence | United States Department of Justice (DOJ) — On this section of the DOJ website, you can view the full text of the announcement sent by the Criminal Division to the United States Attorneys’ Offices upon the passage of Title 18 U.S.C. § 922(g)(9) in the fall of 1996. The announcement covers qualifying offenses, date of previous conviction, and limitations on previous convictions. You can also find prosecution considerations.
Find a Reckless Domestic Violence Defense Lawyer in Georgetown, TX
If you were recently arrested for an act of reckless domestic violence in Central Texas, it is in your best interest to seek legal representation as soon as possible. Price & Twine, PLLC represents individuals in communities throughout Williamson County and Bell County, including Temple, Taylor, Round Rock, Leander, Killeen, and many others.
Georgetown criminal defense attorney Michael J. Price will diligently work to help you achieve the most favorable outcome to your case that carries the fewest possible consequences. He can provide a complete evaluation of your case as soon as you call (512) 354-1880 or submit an online contact form to set up a free initial consultation.