Frisco Domestic Violence Defense Attorney
How Common are Domestic Violence Charges in Texas?
Everyone gets into disagreements sometimes, including spouses and family members. Most of the time, such disagreements end with nothing worse than harsh words and hurt feelings. In some instances, though, an argument may escalate into physical violence or even the threat of physical violence. Depending on how volatile the relationship between the people involved is, such an argument may even result in criminal charges.
As of 2025, Texas accounts for three of the top twenty cities for reports of domestic violence in America. To address this concern, the State has become especially aggressive about pursuing charges against people accused of family violence. That means if you or a loved one has been arrested on charges of domestic violence, it’s imperative you contact an experienced defense attorney right away. Our lawyers have more than 40 years of combined courtroom experience and have helped innumerable people. We’re ready and willing to use our client-focused, team-based approach to work to protect your rights and your future.
What Is Considered Domestic or Family Violence?
Any type of violence can be considered family violence. The alleged victim of a violent incident determines whether someone will be charged with domestic violence, not necessarily the act itself.
In general, family violence falls under the umbrella of assaultive offenses covered by Chapter 22 of the Texas Penal Code. An assaultive offense is considered an act of family violence if you commit it against a person with whom you have a domestic relationship, including but not necessarily limited to:
- A Current or Former Spouse
- A Current or Former Romantic Partner
- Someone Related to You By Blood, Marriage, or Adoption
- A Child of a Former Spouse or Romantic Partner
- A Foster Child or Foster Parent
- A Member of the Same Household
A key factor to consider is that Texas has a broad definition of “assault.” You do not necessarily have to have made physical contact to be charged with assault. Someone can be charged with assault simply for threatening another person.
Heated words are very common in situations where two or more people are experiencing family issues or stress, or in cases where a couple is going through a divorce or separation. Everyone says things they don’t mean. However, depending on what you say to a family member in Texas, it could lead to an arrest and domestic violence charges. If you had a weapon on you at the time you made threats, it could potentially even lead to felony charges. This is why if you or a loved one has been arrested for domestic violence in Texas, contact our compassionate yet fierce defense attorneys.
What are the Criminal Penalties for Domestic Violence?
In many circumstances, assault is considered a misdemeanor. If no physical contact was made, it is usually a Class C misdemeanor, which is punishable only with a fine. However, because the State of Texas takes domestic violence so seriously, assault charges are usually more intense when a family member is involved. If you have any prior convictions, these can also become a determining factor in determining your sentence.
Depending on the circumstances of your case, you could face anywhere from a misdemeanor charge with fines to felony charges punishable by up to life in prison. For example, if you threatened a family member, you may face a Class B misdemeanor, punishable by six months of jail time and fines. However, if you threatened a family member with a firearm or other deadly weapon, you may be charged with first-degree felony aggravated assault, punishable by five years to life in prison.
Because no two instances of alleged family violence are the same, it can be challenging to predict what charges you might face or what the penalties may be. One of our experienced defense attorneys can review the circumstances of your case and determine your next best steps.
How Else Can Domestic Violence Charges Impact Me?
Domestic violence charges can have further-reaching implications than “just” paying fines or going to jail. If you are currently involved in a child custody dispute or have an existing custody agreement, domestic violence charges may potentially impact the course of your case. They may affect when, where, and how you can see or interact with your family. Depending on the circumstances of your case, a judge may determine that you are not allowed around your family or can only see your family under controlled circumstances (such as supervised visits) or after the completion of court-ordered programs.
A domestic violence conviction also carries a heavy stigma. While any felony conviction may be enough to impact your ability to find and maintain a job or develop new relationships, being labeled a “domestic abuser” can make things worse. Many people are hesitant to open themselves up to individuals they believe have a capacity for violence against their loved ones. In many instances, domestic abusers are even stigmatized by other prisoners. That means if you are convicted of domestic violence and sent to prison, it may be more challenging than if you were convicted of another offense. This is why if you or a loved one has been arrested for domestic violence, don’t hesitate to contact our law firm.
What is an Example of What Can Happen to Me if I’m Arrested for Domestic Violence?
“Tim’s” girlfriend called the police after getting into an argument with him. She claimed he hit her, bit her finger, and prevented her from leaving their vehicle. The police arrived and found her upset with red marks on her legs and arms. After some pressing, she said she “felt pain”—a statement needed for the State to charge someone with assault.
Because of his criminal history, Tim was charged with a third-degree felony, and he faced up to ten years in prison. Once our attorneys got the case and heard his side, we knew that we had to fight for Tim. We obtained all the evidence and noticed some bizarre and erratic behavior on the part of the complaining witness, his girlfriend.
The police report indicated that the complaining witness “appeared to be under the influence of narcotics, and repeatedly referred to the occult, shape shifting, and her skin turning gold…” Many attorneys would have ignored this statement or not aggressively focused on it. However, we realized it was key to the case. After negotiations with the State, prosecutors agreed to a complete dismissal of the charges, allowing Tim to get his case expunged. While results vary from case to case, this is a real example of how we can help clients get charges reduced or dismissed.
What Should I Do if I’ve Been Arrested for Domestic or Family Violence?
The State of Texas takes allegations of domestic violence very seriously. So do we.
If you or a loved one have been arrested for domestic or family violence, don’t hesitate to immediately contact the Law Offices of Biederman & Burleson, P.L.L.C., providing legal representation to Frisco, McKinney, Plano, Allen, Fairview, Little Elm, The Colony, Lewisville, Denton, Collin County, Dallas County, Denton County, and the neighboring communities.
Our attorneys have a combined four decades of courtroom experience and have zero tolerance for overzealous police or prosecutors. We believe that fast and loose domestic violence charges can draw attention away from severe cases and diminish how seriously people take reports of family violence. Our dedicated and passionate attorneys will give you the most aggressive representation available. We’ll go through your case with a fine-tooth comb, identifying any element of your case that can prove helpful in court. In many instances, such as Tim’s, we’ve even secured dismissals before our clients had to appear in court.
Domestic violence allegations can be intimidating. Don’t let a heated argument be the beginning of the end of your life as you know it. If you or a loved one has been arrested on domestic or family violence charges in Texas, don’t hesitate to call Biederman & Burleson, P.L.L.C. today at (469) 517-3364 to schedule a free consultation.
