Categories of Domestic Violence Cases in Dallas
Texas recognizes three types of family violence, and each category comes with its own unique set of challenges and penalties.
Domestic Violence
Domestic Assault
According to Texas Penal Code §22.01(b)(2), a person commits domestic assault by causing bodily injury to a family member or partner. The mere threat of harm, if intentional or reckless, can also result in a charge. An individual without prior assault convictions may face a Class A misdemeanor for this offense. However, if the defendant has prior convictions, the charge escalates to a third-degree felony.
Aggravated Domestic Assault
Aggravated domestic assault, as per Texas Penal Code §22.02, occurs when a family member or partner is caused serious bodily harm. This charge can also apply if a deadly weapon is used during the assault. Aggravated assault is considered a second-degree felony.
Continuous Violence Against the Family
Under Texas Penal Code §25.11, someone who commits two or more domestic assaults within a year can be charged with continuous violence against the family. These assaults do not necessarily need to result in an arrest or conviction, nor do they have to be against the same victim. This crime is classified as a third-degree felony and carries more severe penalties than domestic assault charges.
Assault by Strangulation/Assault Impeding Breathe
An assault during which the accused is alleged to have applied pressure on a family or household member’s throat or neck or blocked their nose or mouth can result in stricter penalties. These charges, usually listed as “impede breath/circulation” of another, are particularly severe. A first charge is considered a third-degree felony, but any prior convictions for domestic assault elevate the charges to a second-degree felony.
As a seasoned Dallas criminal defense lawyer with experience as an Assistant District Attorney in Dallas, Texas, Sean Daredia can provide guidance and robust representation in any of these family violence cases.
Civil Penalties in Domestic or Family Violence Cases in Dallas
A family violence finding in a criminal case could significantly affect your civil rights in later proceedings, such as impacting your right to visit your children or bear a firearm. An alleged victim may also file a Protective Order (also known as a restraining order) as part of the criminal case, further restricting your movements and activities.
Navigating Domestic Violence Cases with an Experienced Dallas County Attorney
The State of Texas takes all cases of domestic or family violence very seriously. Still, in some instances, an unintentional arrest can result from a simple marital dispute or heated argument. Many times, a victim may wish to withdraw allegations or charges. In such situations, it’s crucial to have a competent Dallas domestic violence lawyer on your side.
Your attorney can reach out to the alleged victims and witnesses to determine the sufficiency of the evidence. Depending on the case specifics, your attorney may be able to get your charges reduced or even dismissed if the victim does not wish to proceed. However, the decision to continue prosecution rests solely on the prosecutor, even after a victim withdraws charges. Therefore, you need an attorney to negotiate on your behalf.
As an experienced domestic violence attorney in Dallas with a strong background as a prosecutor, Sean Dardia can negotiate directly with the District Attorney’s Office to help fight your charges.
Protective Order Hearing
After accusations of domestic assault, the victim or the police may apply for a protective order from the court. This type of final protective order requires that a hearing be scheduled and that the accused have the opportunity to contest the protective order. You can be represented by an Dallas criminal defense lawyer at this hearing. Jorge Vela, with his experience defending individuals in protective order hearings, can provide competent representation.
Contact Sean Daredia for a Consultation
Facing a domestic violence case can be overwhelming, and the stakes are high. If you or a loved one is dealing with such a charge, reach out to Sean Daredia schedule a consultation today. As an experienced Dallas domestic violence attorney, Sean Daredia will help you navigate the legal system and fight for your rights. Your peace of mind is our priority.
A sex crime charge does not have to ruin your life. Contact our office to learn about your defense options today. Schedule a free, confidential consultation by calling 817-936-3167.