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During a heated argument with your partner, a concerned neighbor misinterprets the situation and calls the police. Moments later, you find yourself facing domestic violence charges for an incident that never occurred.
Sound familiar?
You’re paralyzed by disbelief and fear, wondering how to prove your innocence. In such moments, the experience of a skilled Bryan domestic violence attorney is indispensable.
This blog delves into the intricacies of domestic violence laws and explores the defenses available to those wrongfully accused.
We provide you with the knowledge and support necessary to navigate these challenging circumstances, ensuring you are informed and prepared at every step.
The truth about domestic violence laws and defenses in Texas:
Understanding Domestic violence Laws in Texas
In Texas, domestic Violence, legally referred to as “family violence,” encompasses various forms of abuse among family members, household members, or individuals in a dating relationship.
The Texas Family Code defines family violence as any act by one family or household member intended to cause physical harm, bodily injury, assault, or sexual assault against another member.
It also includes threats that reasonably place the victim in fear of imminent harm.
Legal Consequences of Domestic violence Charges
Domestic violence charges in Texas can result in severe legal consequences, including:
- Misdemeanor Charges: For less severe instances, such as a first-time offense without significant injury, the charge may be a Class A misdemeanor, carrying penalties of up to one year in jail and fines up to $4,000.
- Felony Charges: Repeated offenses or those resulting in serious injury can lead to felony charges. For example, continuous violence against the family (two or more incidents within 12 months) is a third-degree felony, punishable by 2-10 years in prison and fines up to $10,000.
- Aggravated Charges: Using a deadly weapon or causing severe injury can escalate the charge to aggravated assault, a first- or second-degree felony, potentially resulting in up to life in prison.
Protective Orders
Victims of domestic violence in Texas can seek protective orders, which legally prohibit the accused from contacting or coming near the victim. Violating a protective order can lead to additional criminal charges and penalties.
Reporting and Investigation
When domestic violence is reported, law enforcement must investigate the claim. Officers are required to arrest the alleged abuser if they have probable cause to believe family violence occurred.
Texas law also mandates reporting domestic violence incidents to the Texas Department of Family and Protective Services if children are involved.
Legal Defenses
Understanding the legal defenses available can significantly impact the outcome of a domestic violence case.
Here are several defenses your lawyer may employ to challenge domestic violence charges in Texas.
Lack of evidence
A primary defense is to challenge the prosecution’s evidence.
Domestic violence cases often rely heavily on testimonies and physical evidence.
Key strategies include:
- Questioning witness credibility: Cross-examining the accuser and any witnesses to expose inconsistencies or biases in their testimonies.
- Challenging physical evidence: Disputing the validity or relevance of physical evidence presented by the prosecution. This might involve hiring expert witnesses to refute claims about injuries or other evidence.
- Demonstrating insufficient proof: Arguing that the prosecution has not met the burden of proof required for a conviction, showing that the evidence does not unequivocally link the accused to the alleged incident.
Self-Defense
Self-defense is a valid legal defense if you act to protect yourself from imminent harm. Key elements include:
- Imminent threat: Proving that you believed you were in immediate danger of physical harm.
- Proportional response: Demonstrating that your response was reasonable and proportional to the threat.
- No reasonable means of escape: Showing that there were no means to avoid the harm other than defending yourself.
False Allegations
False accusations of domestic violence can occur for various reasons, such as revenge, jealousy, or gaining leverage in custody battles.
Defenses include:
- Motives to lie: Presenting evidence of the accuser’s potential motives for making false allegations, such as previous threats to accuse you falsely or a contentious divorce or custody battle.
- Alibi: Providing a verifiable alibi showing you were not present at the scene of the alleged incident.
- Character witnesses: Bring in witnesses who can testify to your character and the accuser’s tendency to lie or exaggerate.
Mistaken Identity
You can argue mistaken identity in cases where the accuser may have misidentified the perpetrator.
This defense involves:
- Lack of direct identification: Showing that the accuser did not directly identify you as the perpetrator.
- Questioning identification methods: Challenging the methods used to identify you, such as poor lighting conditions during the incident or the accuser’s impaired state.
- Presenting an alibi: Demonstrating that you were elsewhere when the alleged incident occurred.
Consent
In rare cases, you might argue that the actions taken were consensual.
Experienced Criminal defense attorneys handle this complex defense delicately:
- Mutual agreement: Proving that both parties agreed to the actions and were not forced or coerced.
- Context of the actions: Providing context to show that the actions were part of consensual activities and not intended to cause harm.
Police Misconduct
Instances of police misconduct or procedural errors can also form the basis of a defense:
- Improper arrest procedures: Shows that the police did not follow proper arrest procedures, such as failing to read Miranda rights or conducting an unlawful search and seizure.
- Coerced confessions: Demonstrating that any confession obtained was coerced or made under duress.
- Violation of rights: Arguing that someone violated your constitutional rights during the investigation or arrest process.
Accidental Injury
If the accuser’s injuries were accidental and not the result of intentional harm, this can be used as a defense:
- Evidence of accident: Providing evidence of accidental injuries, such as medical reports or witness testimonies.
- Lack of intent: Demonstrating that there was no intent to cause harm and that the injuries resulted from an unfortunate accident.
Domestic violence laws are tricky. Add to that the natural tendency of people to disbelieve anyone accused of violence, and you have a complex situation.
Only a Bryan criminal defense attorney with adequate experience can lead you through this territory.
We’re here to help. Call ASAP for your free consultation.
