For Those Charged With a Crime
Domestic Violence Defense Attorney in Sugar Land
Protecting the Rights of the Accused Throughout Fort Bend County
Texas law defines domestic violence as a criminal act against a family member or anyone living in the house at the time of the act of violence. Domestic violence can be committed against a spouse, a former spouse, a live-in partner, or a child. Under Texas law, there are two different types of domestic violence crimes, with each type of domestic violence charge possibly triggering a harsh prison sentence and a hefty fine.
If you face one or more charges of domestic violence, you should contact a Texas licensed criminal defense lawyer who has compiled an impressive record of defending clients against domestic violence charges. Texas criminal defense attorney Adam Capetillo will conduct a thorough review of your case to determine which of the possible defenses available for defending a domestic violence charge works best for you.
Domestic assault is considered a domestic violence crime if it involves one of three scenarios. You can be convicted of a domestic assault charge if you intentionally or recklessly cause physical harm or intentionally threaten another person with physical harm. You can also be charged with domestic assault if you intentionally touch someone in a way that you should reasonably know the act is offensive. Anyone charged with domestic assault that does not have a prior conviction can receive a penalty up to 12 months in jail and/or a fine that cannot exceed $4,000.
Aggravated Domestic Assault
A domestic assault charge can turn into an aggravated domestic assault charge if the defendant caused serious physical harm to one or more people. Aggravated domestic assault also includes threatening someone else with serious bodily harm. Texas law defines aggravated domestic assault as a first-degree felony if the defendant used a deadly weapon when he or she committed the crime. A first-degree felony conviction can result in a jail term between five and 99 years, as well as a fine up to $10,000. Texas defines “bodily harm” to be an injury that requires surgery or hospitalization.
Remember that a felony conviction will hinder your search for gainful employment and affordable housing. Working with an experienced criminal defense attorney such as Adam Capetillo will help you fight domestic violence charges.
Defending Domestic Violence Charges
Highly rated criminal defense lawyer Adam Capetillo will carefully read the police report associated with your case to determine whether there is enough evidence to warrant a trial. As with other types of criminal charges, the prosecution team must prove “Beyond a reasonable doubt” that you committed the crime of domestic violence. Planting the seed of reasonable doubt can include presenting a compelling alibi that puts you somewhere else at the time of the alleged crime. Mr. Capetillo will also determine whether there is any incriminating evidence, such as a 911 call, that makes you the prime suspect in the case.
Self-defense is a powerful defense tactic used in cases when any type of violence has occurred. For a domestic violence charge, Adam Capetillo will want to use the testimony of one or more credible eyewitnesses that can verify you were just protecting yourself from bodily harm. Self-defense is an especially persuasive criminal defense if you were protecting your kids from an adult living with you or an adult at your home at the time of the alleged act of domestic violence.
It is entirely possible that someone accusing you of domestic violence made the story up to get even with you or to try and extort money from you. Adam Capetillo will determine whether the injuries listed in the official medical report match your description of what happened. Mr. Capetillo will also ensure the story presented by the victim matches the description of the crime in the police report.
Violations of the Constitution
Two amendments to the United States Constitution come into play for virtually every type of criminal defense. The 4th Amendment makes it illegal for law enforcement to conduct searches, without first obtaining a proper search warrant issued by a judge. You also have the right not to incriminate yourself, which is described in detail by the 5th Amendment to the United States Constitution.
Facing one or more charges of domestic violence is a life-altering event that can land you in jail for several years. You have to be proactive and fight domestic violence charges by working with an accomplished Texas criminal defense attorney.