Facing Domestic Violence Charges? Here’s What a Defense Lawyer Can Do

Domestic violence is a serious criminal offense. If you or your loved one is facing a domestic violence charge in Fort Worth, Tarrant County, or elsewhere in North Texas, it is time to call a lawyer. A conviction could lead to serious consequences, including jail time. At The Medlin Law Firm, we handle these difficult cases. Our Fort Worth domestic violence defense attorney explains how professional legal representation can make the difference in your case. 

Understanding Domestic Violence Charges Under Texas Law

According to data cited by the Texas Advocacy Project, one in three Texas residents will experience domestic violence at some point during their lifetime. There is no doubt that domestic violence is a real issue. Both women and men can be the victims of (and perpetrators of) domestic violence. Of course, even though domestic violence is all too common, there are also false allegations. A person who is accused of domestic violence in Fort Worth or elsewhere in North Texas faces a serious criminal liability risk. Domestic violence is prosecuted aggressively under Texas law. Here is an overview of key things that you should know about domestic charges: 

• The Assault Statute is Often Used in Domestic Violence Cases: The governing statutes are primarily found in Title 5 of the Texas Penal Code. Under Tex. Penal Code § 22.01, assault becomes a domestic violence offense when committed against a family member, household member, or current or former dating partner. The statute covers acts causing bodily injury, threats of imminent harm, and offensive physical contact. A first offense may be charged as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. However, the penalties escalate. If the defendant has a prior family violence conviction, a new offense may be charged as a third-degree felony. That carries between two years and 10 years in prison. 

• Strangulation or Suffocation is Also Charged as a Felony: In Texas, allegations of domestic violence with strangulation and/or suffocation are charged as a felony offense as a matter of state law. It is a second-degree felony offense under Tex. Penal Code § 22.01(b)(2)(B). A conviction can carry serious state prison time. 
• Domestic Violence Allegations Carry Other Consequences: Beyond criminal exposure, a family violence finding has collateral consequences. Courts may impose protective orders, restrict firearm rights under federal law, and limit future custody or visitation in family law proceedings. Because of the statutory enhancements and collateral effects, any person facing an allegation of domestic violence in Texas should treat the matter as a serious legal crisis requiring immediate defense counsel from a top Fort Worth attorney. 

Possible Defenses a Lawyer May Raise 

That a person has been accused of, arrested for, and/or charged with domestic violence does not mean that they did anything wrong. A domestic violence charge is an allegation of a crime. The state has the burden of proving the case beyond a reasonable doubt. A defendant is innocent until proven guilty. You have the right to raise a strong defense against a domestic violence charge. Here are some of the potential defenses that can be raised in a criminal domestic violence case in Texas: 

• False Allegation: A defendant may argue that the domestic violence charge is based on a false or exaggerated claim. Outright false allegations do happen. There may also be cases where something happens, but it is simply not what the accuser claims. In Texas, criminal courts recognize that personal disputes can sometimes lead to fabricated accusations. To successfully raise this defense, you will need to be ready to provide evidence such as a real inconsistency in testimony, a lack of corroboration, or ulterior motives by the accuser. A Fort Worth, TX defense lawyer can help you fight false allegations in court. 

• Self Defense: Texas law permits the use of reasonable force to protect oneself from an imminent threat of harm. A defendant may assert that any physical contact was a lawful act of self-defense rather than an unlawful assault. The defense typically requires credible evidence of the complainant’s aggression or threat. If proven, it can justify an acquittal even when contact occurred. Self-defense is an affirmative defense in Texas. Notably, self-defense laws in Texas require that force be “reasonable” given the nature of the threat. What that actually means is very much case-specific. 

• Due Process Violation: A defense may be raised when constitutional or procedural rights are violated during investigation or prosecution. Some examples include unlawful searches, improper questioning, or denial of counsel. In some cases, prosecutors may even be required to dismiss charges based on a violation of the defendant’s rights. If your rights were violated, you need to speak to a Fort Worth, TX, domestic violence defense lawyer right away.
• Insufficient Evidence: Remember, the burden of proof rests on the shoulders of the prosecution. They need to prove the charge that they filed. A defendant may argue that the evidence presented is inadequate to support a conviction. Weaknesses may include a lack of physical injury, unreliable witnesses, or missing corroboration.

Arrested for Domestic Violence in Fort Worth? You Need Legal Representation

Facing a domestic violence charge is stressful, even overwhelming. At The Medlin Law Firm, we know that these cases should be handled with care, sensitivity, and the absolute highest level of professional skill. A domestic violence arrest in Texas can carry very serious consequences. It is imperative that you have reliable legal representation. We are prepared to invest in your case, answer your questions, handle negotiations with prosecutors, and develop a comprehensive defense strategy. Your initial consultation with our Fort Worth, TX defense attorney is confidential.

Contact Our Fort Worth, TX, Domestic Violence Defense Lawyer Today

At The Medlin Law Firm, our Fort Worth domestic violence defense attorney has the professional skills that you can trust. If you have any questions about a domestic violence case, please do not hesitate to contact us today for a completely confidential consultation. We defend domestic violence charges in Fort Worth, Tarrant County, and throughout all of North Texas.