Domestic violence charges carry severe penalties in Texas and must be taken seriously. Crimes against family members are generally punished more severely than the same offense committed against a non-family member.
If you have been arrested on a domestic violence charge, you should contact an experienced Sugar Land criminal defense attorney as soon as possible.
Your sentence will depend on many factors, particularly the exact crime that you are charged with.
The four most common domestic violence charges in Sugar Land are domestic assault, aggravated domestic assault, continuous violence against the family, and protective order violations.
The penalties for these charges are discussed in greater detail below.
What are the Penalties for Domestic Assault in Texas?
A person commits domestic assault when they assault a family or household member. Assault occurs when an individual:
• Purposely or carelessly causes bodily injury to another,
• Intentionally threatens another with imminent bodily injury, or
• Intentionally engaging in provocative or offensive contact.
Domestic assault can be charged as either a misdemeanor or a felony, depending on the circumstances.
• Class C Misdemeanor. A domestic assault that involves threats of harm or provocative or offensive contact is a class C misdemeanor. Class C misdemeanors are punishable by a fine of up to $500.
• Class A Misdemeanor. A domestic assault that causes bodily injury to the victim is a class A misdemeanor. Class A misdemeanors are punishable by a $4,000 fine and up to one year in jail.
• Third-Degree Felony. If the domestic assault involved injury and the defendant had prior domestic violence convictions or the assault involved strangulation or suffocation, it will be prosecuted as a third-degree felony. Third-degree felonies are punishable by a $10,000 fine and between two to ten years in prison.
What are the Penalties for Aggravated Domestic Assault in Texas?
Aggravated domestic assault occurs when the domestic assault causes serious bodily injury to the victim or involves the use of a deadly weapon. In general, aggravated domestic assault is a second-degree felony in Texas. Second-degree felonies are punishable by a $10,000 fine and between 2 and 20 years in prison.
What are the Penalties for Continuous Violence Against the Family in Texas?
Individuals can be convicted of continuous violence if they committed two or more domestic assaults in 12 months. Domestic assaults do not need to be committed against the same victim, and the arrests do not need to end in convictions.
Continuous violence against the family is a third-degree felony. Third-degree felonies are punishable by a $10,000 fine and between two to ten years in prison.
What are the Penalties for Violation of a Family Protective Order in Texas?
Often victims of domestic violence will file protective orders against their alleged abusers. If the individual violates their protective order (i.e., they have prohibited contact with the victim), it is typically a class A misdemeanor. Class A misdemeanors are punishable by a $4,000 fine and up to one year in jail.
If the defendant is convicted of violating a protective order two or more times or the defendant engaged in stalking or committed an assault during the violation, the offense will be prosecuted as a third-degree felony. Third-degree felonies are punishable by a $10,000 fine and between two to ten years in prison.
What are the Collateral Consequences of a Domestic Violence Conviction in Texas?
In addition to fines and jail time, there are many other ways a domestic violence conviction could affect you. A few of the possible collateral consequences are listed below.
• Custody Rights. A domestic violence conviction can affect your custody rights, especially if you are in the middle of a custody battle.
• Gun Rights. If you are convicted of a domestic violence offense in Sugar Land, you will lose the right to possess a firearm. This ban applies even if you are convicted of a misdemeanor.
• Loss of Employment. A domestic violence conviction will become part of your public record and affect your ability to maintain or find employment.
• Loss of Housing. A conviction of domestic violence on your record can limit your ability to find housing. The offense will appear on any background checks completed as part of a rental application.
Your Sugar Land Criminal Defense Lawyer
If you have been arrested on domestic violence charges, you should reach out to a qualified Sugar Land criminal defense lawyer as soon as possible. Adam Capetillo is a Fort Bend County native who will protect your rights and fight aggressively on your behalf. Call Capetillo Law Firm today for a free consultation.
