Round Rock Domestic Violence Lawyer

Aggressive Defense to Domestic Violence Charges in Williamson County

Under Texas law, domestic violence, legally known as family violence, involves acts intended to cause bodily injury, serious bodily injury, or imminent bodily injury to a family member, household member, or someone in a dating relationship. This includes physical abuse, sexual abuse, threats, or coercion.

Attorney Ryan H. Deck is a Board-Certified Criminal Defense Attorney with extensive experience defending against domestic violence charges in Williamson County. With over two decades of experience, Attorney Deck is a trusted advocate for those facing domestic violence accusations.

Types of Domestic Violence Charges in Texas

According to the Texas Family Code and Texas Penal Code, domestic violence charges vary based on the severity of the offense and the relationship between the alleged victim and the accused. Common types include:

• Domestic Assault: Involves causing bodily injury, threatening harm, or engaging in offensive physical contact. This can be charged as either a Class A misdemeanor or a Third-Degree Felony.
• Aggravated Domestic Assault: Occurs when serious bodily injury is caused or a deadly weapon is used. This is typically charged as a Second-Degree Felony or First-Degree Felony.
• Continuous Violence Against the Family: Involves two or more acts of domestic violence within 12 months, regardless of whether the alleged victim is the same person. This is charged as a Third-Degree Felony.
• Protective Order Violations: Violating a protective order issued due to domestic violence can result in additional criminal charges.

Penalties for Domestic Violence in Texas

The penalties for assault convictions depend on the severity of the offense:

Who Is Considered a Family Member?

In Texas, domestic violence laws are broadly interpreted to include any close or familial relationship, not just traditional family members. This includes:

• Spouses and Ex-Spouses: Legal or formerly married partners.
• Individuals in a Dating Relationship: People who are or were in a romantic or intimate relationship.
• Parents of the Same Child: Even if they have never lived together or been married.
• Household Members: Individuals residing in the same household, regardless of relation (e.g., roommates).
• Blood Relatives: Including parents, children, siblings, grandparents, and grandchildren.
• In-Laws: Relatives by marriage, such as mother-in-law or brother-in-law.
• Foster Relationships: Foster parents and foster children are also covered under Texas family violence laws.

Consequences of Domestic Violence Convictions

A domestic violence conviction can have far-reaching consequences that extend beyond legal penalties:

• Permanent Criminal Record: This can limit job prospects, housing applications, and other important life opportunities, as well as the social stigma.
• Incarceration: Depending on the severity of the charges, you could face jail time in Williamson County Jail or a state prison sentence.
• Firearm Restrictions: Federal and state laws prohibit individuals with domestic violence convictions from owning or possessing firearms, which may be a lifetime ban.
• Restraining Orders: Courts may issue restraining orders or protective orders, restricting your ability to communicate with family members or enter certain locations.
• Child Custody and Family Law Implications: A domestic violence conviction can significantly affect child custody arrangements, visitation rights, and divorce proceedings, possibly limiting parental rights.
• Financial Penalties and Probation: You may be required to pay fines, attend mandatory counseling, perform community service, or comply with probation terms.

What the Family Violence Legal Process Looks Like

The legal process for domestic violence cases in Texas involves multiple steps, from arrest to trial, sentencing, and appeals.

1. Arrest and Initial Detention

Police can arrest without a warrant if they have probable cause. The accused appears before a judge within 48 hours for a bail hearing and possible protective orders.

2. Protective Orders

Protective orders may be issued to restrict contact with the alleged victim. These can be temporary or last up to 2 years.

3. Arraignment and Formal Charges

The defendant is formally charged and enters a plea of guilty, not guilty, or no contest. Bail and other conditions, such as no-contact orders, are set.

4. Pre-Trial Proceedings

Includes evidence exchange, motions to suppress evidence, and plea negotiations to reduce charges or penalties.

5. Trial

If no plea deal is reached, the case goes to trial, with jury selection, presentation of evidence, cross-examination, and jury deliberation.

6. Sentencing

If convicted, the judge imposes penalties, including jail time, probation, fines, or protective orders. If acquitted, the defendant is released.

7. Appeals Process

The defendant can appeal the verdict or sentence on legal grounds. The appellate court reviews the case and can uphold, reverse, or order a new trial.

Defense Strategies Against Domestic Violence Charges

While every domestic violence case is different, common defenses include:

• Self-Defense: If you acted to protect yourself or another person from harm, it may be considered justifiable self-defense. We will gather evidence and testimony to support this defense.
• False Allegations: In some cases, domestic violence accusations are made due to revenge, custody disputes, or relationship conflicts. We will investigate the background and motives behind the accusations to uncover inconsistencies.
• Lack of Intent or Accident: If the incident was an accident or occurred without harmful intent, it may not meet the legal definition of domestic violence.
• Consent or Mutual Conflict: If the incident involved a mutual argument or consensual conflict, it may not constitute domestic violence under Texas law.
• Insufficient Evidence: We will analyze the prosecution’s evidence and challenge its validity, including witness credibility, police reports, and physical evidence, aiming to dismiss unsupported charges.

How We Can Help Your Domestic Violence Case

We take a strategic and comprehensive approach to defending domestic violence charges:

• Detailed Case Analysis: We thoroughly review the evidence, police reports, and witness statements to identify inconsistencies and legal flaws.
• Building a Strong Defense: Based on the facts of your case, we develop a customized defense strategy to reduce charges or achieve case dismissal.
• Negotiation and Legal Advocacy: When appropriate, we negotiate with prosecutors to seek charge reductions or alternative sentencing options.
• Aggressive Court Representation: If necessary, we will fight the charges in court, presenting a compelling case to pursue a not guilty verdict.
• Protecting Your Rights and Future: Our goal is to minimize the impact of the charges on your life, safeguarding your reputation and future opportunities.