Plano Domestic Violence Lawyer
Experienced Defense Against Domestic Violence Charges in Collin County
Barbieri Law Firm understands the seriousness of domestic violence and child abuse charges. These are sensitive, emotionally charged crimes taken very seriously in Texas, and you should take them seriously too. False accusations of domestic violence can be made to gain an advantage in divorce or custody disputes or to seek revenge for perceived wrongs. But even the insinuation or accusation can be damaging for a lifetime. If this is a situation you are currently experiencing, you can trust the criminal defense lawyers at Barbieri Law Firm to advocate for your rights.
Are you facing a domestic violence charge in Texas? Call Barbieri Law Firm today at (972) 750-4845 or contact us online to schedule a meeting with our domestic violence attorney in Plano!
What is Domestic Violence in Texas?
Domestic violence in Texas is defined as any act or threat of violence committed by one household member or family against another. This includes physical, sexual, or emotional abuse, as well as stalking and harassment.
Under Texas law, a household or family member can include a current or former spouse, a person with whom the accused has a child in common, a family member by blood or marriage, or someone with whom the accused has had a dating relationship. Domestic violence can occur in various relationships, including heterosexual and same-sex partnerships.
If you are a victim of domestic violence or have been accused of committing domestic violence in Texas, it is important to seek the help of a qualified lawyer. Our Plano domestic violence lawyer can provide legal guidance and support, help you understand your rights, and assist you in navigating the legal system.
What are the Penalties for Domestic Violence in Texas?
The penalties for domestic violence in Texas depend on the offense's severity, the accused's criminal history, and other factors. Domestic violence is a serious crime in Texas, and penalties can include fines, jail time, and a criminal record.
Here are some of the potential penalties for domestic violence in Texas:
- Class C misdemeanor: If the offense is considered a low-level offense, the accused may face a Class C misdemeanor charge. This can result in a fine of up to $500.
- Class A misdemeanor: If the offense causes bodily injury, the accused may face a Class A misdemeanor charge. This can result in up to one year in jail and a fine of up to $4,000.
- Third-degree felony: If the offense involves choking, strangling, or a prior domestic violence conviction, the accused may face a third-degree felony charge. This can result in up to ten years in prison and a fine of up to $10,000.
- Second-degree felony: If the offense involves serious bodily injury, the accused may face a second-degree felony charge. This can result in up to 20 years in prison and a fine of up to $10,000.
It is important to note that penalties can vary depending on the case's specific circumstances. Additionally, a conviction for domestic violence can have long-lasting consequences, including impacting child custody, employment opportunities, and immigration status.
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Can The Victim Drop Domestic Violence Charges?
In Texas, the decision to drop domestic violence charges ultimately lies with the prosecutor, not the victim. However, the victim's wishes can be considered when deciding whether to proceed with the case.
If the victim decides they no longer wish to pursue charges, they can communicate this to the prosecutor or law enforcement. The prosecutor may consider the victim's wishes, but ultimately, they will consider other factors, such as the severity of the offense and the safety of the victim.
It is also important to note that domestic violence is considered a crime against the state, not just the victim. This means that even if the victim does not wish to pursue charges, the state can still proceed with the case if there is sufficient evidence.
Additionally, if the victim is coerced or intimidated into dropping the charges, the prosecutor may proceed with the case despite the victim's wishes.
Defenses to Domestic Violence Charges in Texas
If you face domestic violence charges in Texas, several defenses may be available. It is important to consult with a qualified criminal defense attorney to determine the best strategy for your case. Here are some common defenses to domestic violence charges in Texas:
- Self-defense: If you acted in self-defense, you may be able to argue that you were justified in using force to protect yourself.
- False accusations: In some cases, the alleged victim may make false accusations of domestic violence for various reasons, such as revenge or to gain an advantage in a divorce or custody dispute.
- Lack of evidence: The prosecutor has the burden of proving the charges against you beyond a reasonable doubt. If insufficient evidence supports the charges, the case may be dismissed.
- Consent: If the alleged victim consented to the conduct, this may be a defense to some domestic violence charges.
- Accidental conduct: If the alleged conduct was accidental or unintentional, this may be a defense to some domestic violence charges.
It is important to note that every case is unique, and the defenses that may be available to you will depend on the specific circumstances of your case. If you are facing domestic violence charges in Texas, it is important to seek the help of a qualified criminal defense attorney who can provide legal guidance and work to achieve the best possible outcome for your case.
Contact Our Plano Domestic Violence Attorney Today
When you need expert legal counsel, you can trust Barbieri Law Firm. The firm’s founder, Heather Barbieri, is board-certified in criminal law and has over 20 years of experience representing those wrongly accused of domestic violence.
Experienced domestic violence lawyers know that it can be overwhelming when you’re faced with charges of domestic violence. Fear and uncertainty can paralyze you, but you must act now. Call Barbieri Law Firm and speak with one of the highly skilled attorneys on the team. The firm’s founding lawyer can provide expert legal advice to guide you through this challenging situation.
Contact Barbieri Law Firm today to schedule a FREE consultation with our domestic violence lawyer in Plano!
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