Charged With Domestic Violence in Austin, TX?
In Texas, family violence carries hefty consequences. A first offense is
charged as a Class A misdemeanor, with penalties including up to one year in
prison or two years probation. A second offense is automatically charged as a
felony, which carries two to ten years in state
In addition to the immediate legal consequences, a family violence conviction
can follow you for the rest of your life. You can be fired from your current
job for an
assault conviction and refused for hire by other employers. Landlords can refuse
to rent to someone with an
assault on their record and Texas doesnât permit someone with an
assault conviction to own a firearm for five years after their sentence is completed.
Beyond employment and rental consequences, these type of charges may also
affect your ability to see your family or return to your home.
Don't let a domestic violence charge ruin your future. Contact Carroll
Troberman today for a dependable legal representation throughout your
case, from the point of arrest to your court appearances. We have the
knowledge and experience to provide legal advice and strategies that will
help optimize the results of your case.
What Constitutes Domestic Violence?
Any kind of physical
assault or battering of your partner is considered domestic violence, including
sexual abuse. Even just an unwanted touch can mean count as assault, and
it can cost you.
The state of Texas recognizes three types of crimes within domestic violence:
domestic assault, aggravated domestic assault, and continuous violence
against the family. Each type of crime carries different penalties and criteria.
Have you committed assault against a current/past dating partner or a family
member? An act of assault includes:
If the offender does not have any other domestic assault convictions on
his or her criminal record, domestic assault counts as a Class A misdemeanor,
resulting in a fine of up to $4,000 and/or jail time of up to one year.
However, the charge will upgrade to a third-degree
felony if the conviction isnât the first on the record. A third degree
felony can leave you behind bars for 2-10 years and/or a fine of up to $10,000.
Aggravated Domestic Assault
Aggravated domestic assault (ADA) is a more serious charge than domestic
assault because it encompasses a crime of continuous violence against
a partner or family member. ADA includes intentionally or recklessly causing
serious injury to another or using/exhibiting a deadly weapon when inflicting
assault, including any threats or violence.
ADA crimes constitute second and first degree felonies, depending on each
specific case. First degree is less common and comprises of ADA crimes
where a deadly weapon was used. In Texas, a weapon like this includes
anything that is capable of causing death or serious physical injury,
and is used a way that is likely to cause such a result. Therefore, a
weapon can range from a baseball bat to a motor vehicle.
Continuous Violence Against the Family
Continuous violence against the family means that two or more domestic
assault charges have been occurred within one year. Unfortunately, these
types of domestic violence cases are pretty strict. Even if the defendant
was not actually convicted or the crimes were committed against different
victims, you can still be charged of continuous violence. These types
of charges leave you with a third-degree felony on your record, 2-10 years
in prison and a fine of up to $10,000.
Other Penalties for Domestic Violence
Beyond prison and hefty fines, offenders often are burdened with other
The plaintiff may seek compensation from the offender for even simple
domestic assault charges. The compensation can be the amount of medical
treatment, property damages, counseling, etc.
If the offender pleads guilty, the court may postpone
sentencing for a brief period of time. meets the courtâs requirements, such
as complying with probation and successfully avoids any other arrests,
the court may choose to discharge the defendant and dismiss the case.
The arrest, deferral, and dismissal will all be a part of the criminal
record. Deferred adjudication is normally considered for first-time offenders.
Community supervision, or probation, is another alternative to serious
consequences for offenders who plead guilty. The court may mandate a brief
period of jail time, though judges can choose not to. Other requirements
are set to complete the prison sentence on probation, and the probation
must be successfully completed. For successful completion, the offender
must meet with the probation officer, pay costs, and comply with any conditions
set aside for the community supervision alternative.
Get Strong Legal Defense in Austin
When you've been charged with domestic violence, you need a domestic
violence lawyer who will stand behind you and aggressively represent your case.
Meredith Shelly Troberman has worked on both sides of the courtroom, representing both defendants
and the Travis County Attorney's office. She knows exactly what
the prosecution needs to get a conviction and how to fight against it.
The firm's other partner,
Blair Carroll, has been defending clients in Central Texas for years and knows the intricacies
of defending these types of cases.
Contact Us Now
If you've been charged with family violence, you donât have
to resign yourself to prison or probation.
Contact Carroll Troberman, PLLC today and hire a passionate legal defense team
who cares about its clients and will fight for
your rights. We will review and investigate your case in order to provide you with
options you have to best protect your rights. Call us now.