Austin Domestic Violence Lawyers

Contact Our Austin Family Violence Attorneys Today

The State of Texas aggressively prosecutes cases involving alleged victims, making it essential to mount a robust defense. When the State is working against you, you need someone working for you. The domestic violence lawyers at Smith & Vinson Law Firm can fight on your behalf. We represent clients accused of assault family violence in Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and throughout the Central Texas area.

Contact our Austin domestic violence attorneys at (512) 359-3743 for a free consultation. We are here 24/7 to help.

Domestic Assault Charges in Texas

In Texas, domestic assault is an offense committed against a family or household member.

A domestic/family violence assault occurs when a person:

• Intentionally, knowingly, or recklessly causes bodily injury to another person
• Intentionally or knowingly threatens another person with imminent bodily injury; or
• Intentionally or knowingly causes physical contact with another that the offender knows or reasonably should know the complainant will find provocative or offensive.

Domestic assault is a Class A misdemeanor for a first offense. If the domestic assault has been committed in the past or the assault involves choking, strangling, or blocking breathing, it becomes a third-degree felony. If a domestic assault has been committed before and the new charge involved choking, strangulation, or blocking breathing, it is a second-degree felony.

To be considered domestic violence in the state of Texas, both the complainant and the assailant must be a member of the same family or household. The term “household” is defined under Texas Family Code Sec. 71.005 as a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. Current dating partners are considered “family members,” even if you do not live together.

Penalties for Domestic Assault in Texas

• Class C Misdemeanor: Fines Up to $500
• Class A Misdemeanor: Jail for Up to 1 Year & Fines of $4,000
• Third-Degree Felony: Prison for 2 to 10 Years & Fines of $10,000 

Aggravated Domestic Assault in Texas

An aggravated domestic assault occurs when an assault family violence offense either causes serious bodily injury or is committed using a deadly weapon. The seriousness of the injury and the presence of a weapon significantly elevate the offense level. An aggravated domestic assault is a second-degree felony unless it both causes serious bodily injury and is committed with a deadly weapon, in which case, it is classified as a first-degree felony.

Penalties for Aggravated Domestic Assault in Texas

• Second-Degree Felony: Prison for 2 to 20 Years & Fines of $10,000
• First-Degree Felony: Prison for 5 to 99 Years or Life in Prison & Fines of $10,000

Continuous Family Violence in Texas

After committing two domestic violence crimes, the third offense can be charged as continuous violence against the family, even if you have not been arrested or convicted of the prior offenses and even if the complaining witnesses are different individuals. Continuous family violence is classified as a third-degree felony in the state of Texas.

Penalties for Continuous Family Violence in Texas

• Third-Degree Felony: Prison for 2 to 10 Years & Fines of $10,000

Get Defense from a Domestic Violence Attorney Austin

Fighting a domestic violence charge is similar to fighting an assault charge. Police in Texas often arrest assault family violence suspects on very little evidence. Even the smallest domestic disturbance can lead to an arrest, especially if the complainant claims to have been physically threatened or harmed. Often, there is very little evidence other than the statement of the complainant who, in many cases, will change their story over time.

While all the same defenses are available in a domestic violence situation as in an assault situation, getting the charges dismissed is often the better strategy. However, even if the complainant wishes not to press charges or is against prosecution, the State can, and often will, continue to prosecute. Because of this, you need an Austin domestic violence attorney to interview the complainant and witnesses, gather evidence, and negotiate with the prosecutor.

Benefits of Hiring an Experienced Austin Domestic Violence Lawyer

Hiring an Austin domestic violence attorney can provide invaluable benefits. Our experienced attorneys possess a deep understanding of state laws and the specific nuances surrounding domestic violence cases in Texas. Our domestic violence defense lawyers are well-versed in the legal intricacies that may affect the outcome of the situation, and we can navigate the complexities of the legal system to build a robust defense strategy. This knowledge is crucial for protecting the accused's rights and ensuring that the defense is tailored to the unique circumstances. 

Our domestic violence lawyers can also provide crucial emotional support and guidance throughout the process. Being charged with domestic violence can be emotionally overwhelming, and an attorney with experience in this area can offer compassionate, non-judgmental assistance. Our team can help you understand the charges against you, gather evidence, and craft a strategic defense.

Moreover, our skilled lawyers may also work toward negotiating reduced charges or alternative resolutions, such as counseling, to minimize the potential long-term consequences of a domestic violence charge. Overall, the benefits of hiring our dedicated domestic violence defense law firm extend beyond legal experience to encompass emotional support and a strategic approach to protecting your rights and future.