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DO I HAVE TO GO TO TRIAL IN TEXAS?

Collin County family violence defense lawyerBeing arrested and charged with a crime can be a downright nerve-wracking experience. This is especially true regarding violent crimes like domestic violence. In Texas and society as a whole, domestic violence is looked down upon and is prosecuted aggressively. In a previous blog, we discussed the law surrounding domestic violence in Texas. Today, we will delve deeper into what to do and what not to do if you have been arrested and charged with a serious offense like domestic violence.

Something tricky about being charged with a crime is that you are likely to feel a blend of emotions. It is imperative you do not let these emotions cloud your judgment. Understand that, at all costs, you want to avoid being convicted, as a conviction of domestic violence can devastate your life and career. If you have been charged with domestic violence, immediately seek the counsel of a domestic violence attorney. Hiring a skillful attorney may make the difference in whether you are found not guilty or go to prison. 

You Have Been Arrested and Charged. Now What? 

A loud knock on your front door awakens you. Upon opening the door, a police officer is standing there with an arrest warrant, stating that you are under arrest and being charged with domestic violence. This is a crucial moment. As soon as you are arrested, whatever you say can be used against you. Remain silent and do not resist arrest. You may feel obliged to share your story with the police. However, this is not usually a good idea. The more you talk with the police, the more they will have to use against you later on. A police officer may also interpret someone under arrest who speaks too much to be guilty. You are likely to be nervous, which enhances the possibility of letting something slip. Remember, under the Fifth Amendment to the United States Constitution, you are protected against incriminating yourself. Use this right to your advantage.  

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Dealing With Domestic Violence

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Frisco domestic violence defense attorneyWhen it comes to domestic violence, shelters in Collin County providing temporary shelter and support services to victims, the Texas Health and Human Services Commission reports that Hope's Door New Beginning Center, Inc. and Texas Muslim Women’s Foundation in Plano are the only two. The state notes that services it offers to survivors of domestic violence include temporary 24-hour shelters, a 24-hour hotline, and legal assistance.

The state of Texas and the prosecutors who work for the state for it take domestic violence offenses seriously and try to get severe punishments imposed against alleged offenders in these cases, so you need to take your case seriously if you are facing allegations of any kind of crime of domestic violence. Prosecutors in these cases often paint alleged offenders in ways that can make them seem more hazardous than they actually are to try and secure convictions. With this in mind, you will want to be sure you have a criminal defense attorney on your side to defend you in court and fight to get charges reduced or dismissed.

Common Kinds of Domestic Violence Charges

Texas does not use the phrase domestic violence in state law but instead has a crime of family violence established under Texas Family Code § 71.004, and dating violence is defined under Texas Family Code § 71.0021. Many alleged crimes of domestic violence are common offenses under the Texas Penal Code that establish enhanced penalties for alleged victims who are related to alleged offenders by being family members, household members, or people involved in dating relationships.

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TX defense lawyerIn Texas, crimes against a family or household member are subject to increased penalties. Assault family violence, domestic assault, and related offenses may be considered misdemeanors or felony offenses depending on the circumstances of the offense and the alleged offender’s criminal history. Sometimes, family violence convictions are punished by significant prison time.

If you or a loved one are facing accusations of domestic violence, abuse, or another crime, do not wait to take action. Contact a criminal defense attorney for help right away.

Understand What You Are Up Against

Conviction for any type of violent offense can have a lasting impact on the convicted person. If you are convicted of abuse or domestic violence against a spouse, partner, ex-partner, family member, or household member, you could suffer irreparable damage to your personal and professional reputation. You could face months or years in jail.

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TX defense lawyerMillions of people all over the world have been following the Johnny Depp defamation case recently. Depp was accused of domestic abuse by his ex-wife Amber Heard, but Depp claims that the opposite was true. He claims that he was the victim and that Heard was the abusive one.

Of course, the only two people who really know what happened in this situation are Mr. Depp and Ms. Heard. However, the case has sparked a nationwide conversation about how we view male domestic violence victims and female domestic violence victims. Do courts assume that men are the aggressors and females are the victims? Do gender stereotypes influence criminal cases involving family violence?

Gender Stereotypes and Family Violence Arrests

Men are statistically more likely to commit violent crimes like assault or domestic abuse. Women are more likely to be victims of intimate partner violence. However, not every situation aligns with these statistical patterns. In fact, the CDC reports that approximately one out of three men have been the victim of intimate partner violence (including stalking) at some point in their life. Gender stereotypes may make it difficult for legitimate male victims of family violence or assault to get the help they need. In some cases, a male abuse victim may even be the one who is arrested and charged with family violence.

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TX defense lawyerFamily violence is taken very seriously in Texas. Assaults against a romantic partner, relative, or household member can lead to very serious penalties. You are likely to be served with a protection order barring you from returning to your own home if you live with the alleged victim before you are even released from jail. In addition, you could be facing prison time depending on the exact offense charged.

If you have been accused of any type of family violence offense, it is very important that you work closely with a skilled criminal defense lawyer to give you the best chances of avoiding serious, life-altering penalties.

What Are the 3 Types of Family Violence Crimes in Texas?

In Texas, there are three offenses that fall under the category of family violence. Both misdemeanor and felony charges are possible, depending on the severity of the alleged offense and whether you have prior offenses. The three types of family violence crimes are:

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