Were you placed under arrest for a domestic dispute, or are accusations of violence against you pending from a spouse, significant other, or another family member? If so, you are likely facing charges of domestic violence in Harlingen, and you need the assistance of a domestic violence lawyer to help you defend your rights.
If You Face Domestic Violence Charges, Contact Kenny Perez Law to Defend You
At Kenny Perez Law, we understand the seriousness of the charges you face and the potential consequences of those charges on your life. In Texas, violence against family members can carry stiff penalties. Whether you believe the accusations against you are false or you made a mistake in the heat of the moment; you must act quickly to protect your legal rights and hire a lawyer who can defend you in your case.
Often, people accused of domestic violence mistakenly believe they can resolve the matter by contacting the accuser. This will not only hurt your case but could be a criminal violation if a protective order is currently active against you, and you could face additional charges for intervening in the case. Domestic violence charges are serious, and the implications of these charges on your criminal record and your life can be significant. These are not minor charges that you can resolve on your own.
Domestic Violence or Family Violence in Texas
In Texas, domestic violence falls under the laws governing assault. The state’s criminal statutes on assault include a special provision for when an assault involves family or dating violence. If there is evidence of a prior assault in a family or dating situation, the individual facing charges can be subject to harsher punishments in their current case.
According to the laws of Texas, assault takes place when:
An individual with knowledge, intent, or in a reckless manner:
- Causes bodily harm to another individual;
- Threatens another individual of imminent harm; or
- Makes physical contact with another person knowing that the other person will consider the act threatening or provoking.
Assault is aggravated if the individual also:
- Causes serious bodily harm to the individual; or
- Uses or shows a deadly weapon during the assault.
An assault falls under the definition of family violence if the assault is against:
- Blood relatives;
- A spouse;
- A former spouse;
- An individual with which the accused lives;
- A partner or former partner; or
- A foster parent or child.
The Potential Consequences of a Conviction in a Domestic Violence Case in Harlingen
Domestic violence charges can carry serious penalties that can range from a misdemeanor to a felony. The severity of the charges entered against you will depend on the seriousness of the injuries the other person suffered and factors such as your criminal history and whether you allegedly used a weapon in the altercation.
Penalties that you may face for a domestic violence conviction include:
- Jail time, which can range from no jail time for misdemeanors up to 99 years of incarceration for first-degree felonies.
- Monetary fines of up to $10,000.
- A protective order against you.
- Loss of custody or visitation with children.
- Inability to own or possess a firearm for any purpose.
Fraudulent Domestic Violence Charges Can Wreak Havoc on Your Life
Unfortunately, people sometimes file fraudulent reports of violence against their partner or another family member to gain the upper hand in a custody dispute or divorce. Family courts do not favor parties with domestic violence charges or convictions against them. You risk losing not only custody of your children but even visitation rights if the court feels your children are in danger.
If you believe the accusations against you are false and are an attempt to manipulate another pending family court case or dispute, a domestic violence attorney can help you. Domestic violence charges do not just threaten your freedom, but the stain of domestic violence on your criminal record can affect your ability to work, your relationships, and even your ability to spend time with your children.
Act with urgency to understand the charges you face and begin to build your defense in your case. Contact an attorney right away.
Do Not Assume the Charges Will Go Away
If you receive communication from the accuser or another friend or family member that they will drop the charges in your case, this is a common but very dangerous misconception. Once the processing of charges starts against you or you are under arrest, your case is in the hands of the prosecutor’s office, not your accuser.
The prosecutor decides whether they will pursue the charges in your case once a case is in the system. Do not assume that your case will go away or that you can successfully fight the charges against you on your own.
Contact a Harlingen Domestic Violence Attorney
Domestic violence cases are often highly emotional and difficult for all parties. Local prosecutors take charges involving family violence seriously and often prosecute them aggressively, especially when children are involved or past altercations took place between you and the accuser or even another party.
You must take action early in your case for the best opportunity to build a defense for the best possible outcome.
Kenny Perez Law
513 E Jackson Ave # 304,
Harlingen, TX 78550
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
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