Call Us Now
Email Us Now
How Can You Get Charges of Assault on a Family Member Dropped?
Relationships can be complicated, and every family faces challenges from time to time. When arguments arise, it’s easy for people to lose their tempers and do things they later regret — whetaltercation or making false allegations of domestic violence against the other person. Charges related to domestic violence are serious, and those accused need the representation of a skilled defense attorney. Find out how domestic violence charges work in Texas and when it may be possible to get the charges dropped before a trial.
Understanding How Texas Law Defines Domestic Violence
Texas law doesn’t recognize domestic violence as an official charge. Those accused of such crimes would, instead, be charged with a specific crime, such as assault, against a family member. In some situations, the law refers to “family violence,” which can include any action that is intentionally done to cause physical harm, including assault or sexual assault. Threats of harm are also included in the legal definition of family violence.
Texas law includes both family members and household members in the family violence definition. This applies to current or former spouses, those who have children in common, foster parents, foster children, and siblings. Dating violence is also defined separately from family violence. Dating violence involves situations between two parties who are in a dating relationship, whether or not they are living together.
One of the misconceptions about family violence or dating violence is that an injury must occur for it to qualify for criminal charges. However, if the intention to cause harm was there or there was a reasonable fear of harm from the perpetrator’s threats, criminal charges can be applied even if there were no resulting injuries.
What Charges Can Result From Domestic Violence Incidents in Texas?
Charges resulting from domestic violence incidents can be either misdemeanors or felonies in Texas. The seriousness of the charge depends on whether the victim suffered serious injuries, the age of the victim and whether the defendant had any prior convictions. Some of the specific charges someone accused of domestic violence may face include:
- Assault
- Aggravated assault
- Stalking
- Making terroristic threats
- Kidnapping
- Injury to a child
Exactly how these charges are handled depends on the situation. For example, a first-time charge for assault against a family member is generally a Class A misdemeanor. This can get bumped up to a second-degree felony, however, if the defendant has a previous conviction.
Felony charges related to domestic violence carry serious penalties. For example, a conviction for a second-degree felony in Texas can result in up to 20 years in prison and a fine of up to $10,000. There is also a mandatory minimum sentence of 2 years in prison if convicted.
Defense Strategies That Can Help You Get Your Charges Dropped
When you’re facing criminal charges, you need to think about the future. Many people believe that a misdemeanor charge is “no big deal” and don’t bother to fight it. However, this results in a criminal conviction on your record that can significantly escalate the potential penalties of any future offenses. With the help of an experienced attorney, it may be possible to get your charges dropped before you ever go to trial. Here are some of the strategies your attorney may discuss with you.
You Acted in Self-Defense or Defense of Others
Texas law allows the use of physical force to defend oneself, others, or property. If you can show that you had a reasonable fear for your safety or that someone else was in imminent danger, you could get your charges dropped. Domestic violence incidents often end up as one person’s word against the other’s. If there are no witnesses or objective evidence, such as video footage of the incident, it can be challenging to prove that you were acting in self-defense.
You Lacked the Required Intent for the Charge
Someone generally needs to have acted with intent to be charged with a violent crime. If that intent wasn’t there, your attorney may be able to get the charges dropped. Below is an example where the required intent isn’t there.
Two spouses are arguing. One decides to leave the room and go to the bedroom to get some time alone to decompress. The other spouse follows them, unbeknownst to the first. The retreating spouse slams the door behind them, not realizing that the other spouse’s hand is on the frame, resulting in it getting slammed in the door and broken. Because there was no intent of harm — in fact, the person was trying to disengage from the argument — criminal charges would not apply.
There Is Insufficient Evidence
Allegations of domestic violence most often occur from situations that happened in private, with the only two witnesses being the parties involved. However, the criminal burden of proof means that prosecutors must be able to prove that the defendant acted with intent to harm beyond reasonable doubt. If there were no visible injuries to the alleged victim and the only “evidence” is the victim’s accusations, this may not be enough to take the case to trial.
If you’ve been accused of domestic violence and are facing criminal charges as a result, the best case scenario is to get the charges dropped with the help of a defense attorney. At Drehner Law, our team is here to help you navigate these challenging circumstances and do everything we can to help you fight your charges. Call 832-626-0063 to schedule a free consultation with a defense attorney today.
