Frisco, TX Family Violence Defense Lawyers

Experienced Lawyers Addressing Assault Charges in Family Violence Cases in Frisco, Texas

Accusations of domestic violence can be very serious. Police officers, prosecutors, and courts in Texas will investigate allegations of family violence, which may result in an arrest. When domestic disturbances or allegations of abuse lead to arrests and charges of assault family violence, prosecutors may pursue charges aggressively, even when the alleged victim does not want to press charges. The penalties for a conviction can be severe, and in many cases, simply being charged can lead to protective orders or other issues that can cause damage to a person's reputation and harm family relationships.

The attorneys at Barbieri Law Firm understand the emotional and legal issues involved in situations where people are accused of family violence or charged with domestic assault. We can help defend against domestic violence accusations in Frisco and the surrounding areas. We will work to uncover the facts of a case, challenge unreliable evidence, and protect against unjust convictions or overly harsh penalties.

Assault Family Violence Under Texas Law

A person may be charged with assault family violence if they intentionally injure or threaten to harm a family member. Domestic assault charges may also involve offensive contact that does not result in injuries. An assault charge may be considered family violence if a person allegedly acted against a member of their family or household, including:

• The person's current or former spouse
• A current or former dating partner
• The other parent of a person's child
• Other family members related to a person by blood or marriage
• A person who lives in the same household

Even minor incidents, such as a push, slap, or verbal altercation that included possible threats of violence, can lead to an arrest and prosecution. A person could be arrested after the alleged victim contacts law enforcement or when police are called to a domestic incident based on reports from neighbors or other parties.

Examples of Situations That May Lead to Domestic Assault Charges

Domestic assault cases may involve emotionally charged disputes that can escalate quickly. Some common scenarios in which a person could be charged with assault family violence include:

• A heated argument between spouses where one person allegedly pushed or struck the other
• A verbal altercation between dating partners in which one party allegedly threatened or intimidated the other
• An ex-partner claiming that acts of violence or abuse have taken place during a child custody dispute

Penalties for Domestic Assault in Texas

The consequences that may apply for a person who is convicted of assault involving family violence can vary depending on the nature of the alleged conduct, any injuries that occurred, and whether a person has prior convictions. In general, a first-time charge of assault family violence involving bodily injuries may be classified as a Class A misdemeanor. The penalties for a conviction may include a jail sentence of up to one year and/or a maximum $4,000 fine.

If a person had previously been convicted of assault against a family or household member, a subsequent charge of assault family violence may be classified as a third-degree felony. A conviction may result in a prison sentence ranging from two to 10 years, as well as a potential fine of as much as $10,000. Third-degree felonies may also apply in a domestic assault case where a person is accused of choking or strangling a family member, regardless of whether the person had previously been convicted.

An assault family violence charge may be classified as aggravated assault if a person is accused of inflicting serious injuries or using a deadly weapon. Aggravated assault is generally classified as a second-degree felony with a potential prison sentence of two to 20 years. However, if a person is accused of using a deadly weapon against a family member and inflicting serious injuries, they may be charged with a first-degree felony, and they could be sentenced to between five and 99 years in prison upon conviction.

Defending Against Accusations of Domestic Assault

Domestic violence allegations may involve a variety of complex factors and emotional issues. Charges may be based on conflicting accounts, and it can be difficult to determine exactly what happened. When representing clients in these cases, our attorneys will take a meticulous approach, reviewing the facts and determining the ideal defense strategies. We may examine police reports, speak with witnesses, analyze physical evidence (or the lack thereof), and challenge the credibility or consistency of accusations.

The strategies we may use when defending clients include:

• False Accusations: We can highlight a person's motives for accusing our client of domestic assault, such as jealousy or attempts to gain advantages in custody disputes.
• Lack of Evidence: We may question whether the prosecution can prove the accusations against our client beyond a reasonable doubt.
• Self-Defense: We may argue that our client used reasonable force to protect themselves from harm.

Our lawyers will also explore options for resolving a case without a trial, including advocating for a dismissal, requesting deferred adjudication, or seeking reduced charges. In some cases, clients may qualify for anger management or counseling programs that will allow them to resolve a case without a conviction.

Positive Results in Domestic Assault Cases

We have helped numerous clients achieve success when defending against accusations of domestic violence. In one notable case in which a client was facing felony charges of assault family violence, our attorney—a former Chief Felony Prosecutor for Collin County—was able to challenge the State's assumptions, and through strategic negotiations and a detailed review of the evidence, she convinced the prosecutor to refuse the case entirely due to insufficient proof.

This demonstrates the value of working with a team that includes a former prosecutor. Our lawyers understand how prosecutors approach cases and how to take steps to resolve a case before it ever reaches a courtroom.

Contact Our Frisco, Texas Assault Family Violence Defense Lawyers

In cases involving allegations of assault against a spouse, romantic partner, family member, or household member, experienced legal representation is crucial. The consequences of a conviction can be severe and long-lasting, but with the right defense, you can take steps to prevent a conviction and avoid serious penalties. Contact the Frisco domestic assault attorneys at Barbieri Law Firm by calling 972-424-1902 and scheduling a free consultation.