Being accused of domestic violence in Houston can be life-altering. A single allegation can threaten your freedom, career, and reputation. At Ceja Law Firm, we know that false or exaggerated claims happen, and we are committed to aggressively defending your rights.
Attorney Jose Ceja, a former prosecutor, is Board-Certified in Criminal Law by the Texas Board of Legal Specialization and recognized as a Texas Super Lawyer. With extensive experience defending domestic violence cases throughout Houston, he is committed to providing vigorous and strategic defense, ensuring your rights are protected at every stage of the legal process.
Understanding Assault-Family Violence in Texas
Under Texas Penal Code 22.01 domestic violence—legally known as Assault-Family Violence—is defined as an assault against a family or household member, or someone in a dating relationship. This includes:
- Causing bodily injury intentionally, knowingly, or recklessly
- Threatening someone with imminent bodily injury
- Engaging in offensive or provocative physical contact
The severity of charges depends on prior convictions, the nature of injuries, and whether weapons were involved.
Immediate Steps After an Assault-Family Violence Arrest
If you are arrested or charged with assault-family violence, it’s critical to take immediate steps to protect your rights:
- Remain Silent: Avoid discussing your case with police or investigators without your attorney present, as your statements can be used against you.
- Avoid Contact with the Accuser: Adhering to any protective orders or bond conditions is crucial to avoid further charges or a bond revocation.
- Gather Evidence Promptly: Preserve any text messages, social media posts, voicemails, or other evidence that can demonstrate your innocence or question the credibility of the allegations. If you have been injured, take photographs of any injuries as soon as possible.
- Contact an Experienced Attorney Immediately: Quick legal intervention increases your chances of a favorable outcome, including the possibility of dismissal, acquittal, or reduced charges.
Types of Domestic Violence Charges and Their Penalties
Domestic violence charges in Texas range from misdemeanors to felonies, with penalties that can include jail time, fines, and lasting consequences. Here’s a breakdown of the most common charges and what they mean:
1. Assault-Family Violence
Typically charged when an individual intentionally, knowingly, or recklessly causes bodily injury to a family member, household member, or dating partner. This charge is classified as a Class A misdemeanor, punishable by up to one year in jail and/or a fine of up to $4,000.
2. Continuous Violence Against the Family
This offense involves two or more acts of family violence occurring within a 12-month period, regardless of whether the prior incidents resulted in arrest or conviction. It is classified as a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
3. Terroristic ThreatMaking a threat intended to cause fear of imminent serious bodily injury to a family or household member typically results in a Class A misdemeanor charge, punishable by up to one year in jail and/or a fine of up to $4,000.
4. Aggravated Assault Against a Family Member
This occurs when serious bodily injury is inflicted, or when a deadly weapon is used during the assault. Generally charged as a second-degree felony, it carries penalties of 2 to 20 years in prison. If both a deadly weapon is used and serious bodily injury results, the charge can escalate to a first-degree felony, punishable by 5 to 99 years or life imprisonment.
5. Assault by StrangulationStrangulation occurs when pressure is applied to the neck, nose, or mouth, impeding normal breathing or blood circulation. Without prior convictions, it is charged as a third-degree felony (2 to 10 years in prison). With prior domestic assault convictions, it escalates to a second-degree felony (2 to 20 years in prison).
6. Violation of a Protective OrderViolating a protective order can result in serious criminal charges. Actions constituting a violation include prohibited communication with the protected individual, approaching their residence, workplace, or children’s schools, or possessing a firearm while subject to the order. Typically, a violation is charged as a Class A misdemeanor, punishable by up to one year in jail and/or fines up to $4,000. However, repeated violations or instances involving stalking or assaultive conduct can escalate to felony charges, potentially leading to 2 to 10 years in prison and fines up to $10,000.
Consequences of Assault-Family Violence Charges
Even first-time accusations of assault-family violence carry severe penalties. Initially charged as misdemeanors, these offenses can lead to significant consequences, including jail time, fines, loss of firearm rights, difficulty securing employment, and potential immigration consequences for non-citizens. Additionally, unlike many other offenses, assault-family violence convictions are not eligible for non-disclosure (record sealing), meaning the conviction will remain permanently visible on your criminal record. Given these severe repercussions, immediate legal representation is critical to effectively defend your rights and minimize the impact on your future.
Potential Immigration Consequences
For non-citizens, a domestic violence conviction can result in deportation, denial of re-entry, and bars to obtaining citizenship or permanent residency. Even a protective order violation can have severe immigration consequences. Additionally, false accusations can be motivated by immigration benefits, as some individuals attempt to qualify for a U-Visa by claiming to be victims. A knowledgeable attorney can help navigate these issues and defend against unfair charges.
Defenses Against Domestic Violence Charges and Investigating the Evidence
When facing domestic violence charges, several potential defenses may apply, depending on the specifics of your case. An experienced attorney will thoroughly investigate the circumstances, review the evidence, and strategically determine the most effective approach. Common defenses include:
Self-Defense or Defense of Others
If you reasonably believed that your actions were immediately necessary to protect yourself or another person from harm, self-defense or defense of others may apply. Your attorney will carefully analyze the evidence to establish this defense clearly.
Accidental Injury
In some cases, an injury may have occurred unintentionally or accidentally without any criminal intent or reckless behavior. Demonstrating the accidental nature of the injury can lead to reduced charges or dismissal.
False Allegations
False accusations can arise due to anger, jealousy, revenge, or to gain leverage in family law matters like divorce or custody disputes. Your attorney will investigate the accuser’s background, social media, communications, and potential motivations to uncover inconsistencies or motives for fabrication.
Lack of Intent
If it can be demonstrated that you did not intentionally, knowingly, or recklessly cause the injury, the prosecution may be unable to establish the required mental state necessary for a conviction.
Insufficient or Inconsistent Evidence
Challenging the prosecution’s evidence is crucial. An attorney will scrutinize police reports, medical records, witness testimonies, photographs, and other documents to find inconsistencies, inaccuracies, or unreliable information that weakens the state’s case.
How an Attorney Investigates the Evidence
A robust investigation typically includes examining police reports, interviewing witnesses, subpoenaing records (such as surveillance video, text messages or emails), analyzing social media accounts, and reviewing medical documents. Attorney-led investigations frequently uncover favorable evidence, reveal weaknesses in the prosecution’s case, or establish viable defenses. The goal is always to build a strong, persuasive defense strategy tailored specifically to the details of your situation.
How Can I Keep an Assault-Family Violence Arrest Off My Record?
The best way to keep an assault-family violence arrest off your record is to secure a dismissal or an acquittal at trial. If your case is dismissed or you are found “not guilty,” you will be eligible for an expunction, which completely erases the arrest and allows you to deny it ever happened in most instances. Unlike many other offenses, domestic violence convictions are not eligible for record sealing. This makes aggressive legal defense critical from the outset.
To maximize your chances of a good result, it’s crucial to promptly retain an experienced domestic violence defense attorney who can aggressively defend your case and guide you through the expunction process once charges are dismissed or you are acquitted.
Frequently Asked Questions
*What should I do if I’m falsely accused of domestic violence?
If falsely accused, it’s imperative to seek legal representation immediately. Avoid contacting the accuser, as this could lead to further complications. Gather any evidence that supports your innocence and provide it to your attorney.
*Can a protective order or bond conditions be modified or lifted?
Yes, protective orders and bond conditions can sometimes be modified or lifted. In the Houston area, modifying a protective order or bond condition typically requires filing a motion with the court and demonstrating that the order is not necessary and that the complaining witness is requesting that the order or condition be lifted or modified. An experienced attorney can guide you through this process.
*How long will my case take to resolve?
The duration of a domestic violence case varies based on its complexity, the court’s schedule, and the specifics of the case. In the Houston area, some domestic violence cases may resolve in a few months, while others could take longer, especially if they go to trial.
*Can a domestic violence conviction affect my employment?
Yes, a conviction can impact employment opportunities, particularly in fields requiring background checks or professional licenses. Employers may be hesitant to hire individuals with such convictions.
*What are the potential defenses against domestic violence charges?
Defenses may include self-defense, lack of intent, false accusations, or insufficient evidence. A Houston domestic violence attorney will assess the specifics of your case to determine the most effective defense strategy.
*Who is considered a family member under Texas law for purposes of family violence?
Under Texas law, “family” includes individuals related by blood or affinity, such as parents, children, siblings, aunts, uncles, and first cousins. It also encompasses current or former spouses, individuals who are or were in a dating relationship, and persons who are or were members of the same household, regardless of actual familial ties.
Can the complaining witness drop the charges against me?
No. In Texas, once a charge is filed, only the prosecutor has the authority to dismiss it. Even if the complaining witness requests to drop the charges, the State of Texas can and often does proceed with prosecution independently, regardless of the alleged victim’s wishes.
Why Choose Ceja Law Firm?
Attorney Jose Ceja’s background as a former prosecutor provides him with unique insights into the strategies employed by the prosecution. His board certification and recognition as a Texas Super Lawyer reflect his dedication to legal excellence. At Ceja Law Firm, we are committed to providing personalized and aggressive defense to protect your rights and future.
Contact Us Today
Domestic violence charges carry severe consequences, but the right defense can make all the difference. Attorney Jose Ceja’s experience as a former prosecutor gives him a unique edge in fighting these charges. The sooner you take action, the better your chances of a favorable outcome. Call Ceja Law Firm today to schedule a confidential consultation and start building your defense.
