The news that you have been accused of domestic violence can be devastating. Not only are you now facing serious legal consequences if convicted, but an accusation like this can greatly affect your personal life. If you have been wrongfully accused of domestic violence in Texas, a trusted criminal defense lawyer can help you build a strong defense case.
Sophia Martinez Law is a Texas criminal defense law firm with the experience to assist clients accused of domestic violence. Former Family Violence Assistant District Attorney Sophia C. Martinez can use her over 25 years of experience to construct a solid strategy and help you understand the best defense strategy for your case.
Some Possible Defense Strategies to Help Your Texas Domestic Violence Case
When a person is accused of domestic violence in Texas, the legal system takes these accusations very seriously. While it may seem like the law is not on your side, your life does not have to end due to a false accusation. To avoid having a domestic violence charge affect your legal and personal life, a criminal defense lawyer can help you build a strong defense to protect your rights and interests. Some of the most common defense strategies for domestic violence charges in Texas include the following:
The Act Was Unintentional or Unknowingly Committed
If the alleged victim’s injuries resulted from an accident that was unintentional but not reckless conduct, then it may not meet the legal requirements to be considered an act of domestic violence by the state of Texas.
The Person Who Accused You Has Ulterior Motivations
Unfortunately, it is common for ex-partners to try to spin an unintentional(not reckless) accident into a domestic violence case to gain the upper hand in a divorce or child custody case.
The Act Was in Self-Defense
If there were records of any threats or admissions of violent acts that were ever received in writing from the accused’s ex-partner, this evidence can be used as evidence that the accused acted in self-defense.
There Was Police Misconduct
If an officer responding to a domestic violence call unfairly picks sides and carries out an unlawful arrest, you may have a strong defense case against the charges you are being accused of.
While defense strategies will not work for every case, a criminal defense lawyer can help you decide your best options based on the specific details of your unique domestic violence case.
Penalties You May Face if Convicted of Domestic Violence in Texas
If you are convicted of domestic violence in Texas, you may face serious legal repercussions. The penalties you may face if convicted of this crime include:
- Class A Misdemeanor: This charge can result in up to a year in jail and a fine of up to $4,000.
- 3rd Degree Felony: This sentence can include incarceration for two to 10 years and a fine of up to $10,000.
- 2nd Degree Felony: This charge can include incarceration for two to 20 years and a fine of up to $10,000.
- 1st Degree Felony: This charge can include incarceration for five to 99 years and a fine of up to $10,000.
The severity of the charges you may face will depend on the specific details of your case and your past criminal history.
Contact a Domestic Violence Defense Lawyer in Texas
Former Assistant District Attorney Sophia C. Martinez can help you build your defense case after being arrested for domestic violence. Attorney Sophia C. Martinez, a former family violence prosecutor and defense attorney with over 25 years of experience helping clients in Texas, will work hard to help you avoid legal repercussions you may face if convicted of the crime.
To schedule a free evaluation with Attorney Sophia C. Martinez regarding your Texas domestic violence defense case, contact Sophia Martinez Law today by completing our contact form or calling (210) 226-3000. Phone lines are open 24 hours a day, seven days a week. We also speak Spanish.