In Texas, the state penal code, title 5, chapter 22, section 22.01 identifies occurrences that define domestic violence. The offenses involve individuals in the same family or household. They can include individuals who were once romantic partners, spouses, or who lived in the household. Domestic violence attorneys in Tyler, TX assist defendants charged with offenses.
What Defines Domestic Violence?
Domestic violence is defined by an awareness of the possible bodily harm that results from the defendant’s actions. This suggests they intended to cause bodily harm, threatened to cause bodily harm, or made any unwanted physical contact.
What Are the Penalties for the Offense?
The initial classification of the offenses is a class C misdemeanor. However, the classification could extend to a first-degree felony. The misdemeanor charge requires a sentence of no more than one year with applicable fines. A first-degree felony could present a maximum sentence of 99 years. The fine for the maximum penalty is $100,000.
What Factors Have Influence over the Sentence?
The relationship between the victim and their attacker, previous convictions, and if the actions could lead to death; all these factors influence the outcome of the sentence. If the attacker attempted to strangle or suffocate the victim, the penalty is often the maximum allowed by law.
Protection Orders and Additional Charges
A victim is within their rights to secure a protection order. The protection order prohibits contact between the victim and their attacker. It also requires the attacker to follow specific stipulations. The stipulations may apply to the use of alcohol or drugs when the attacker is around their minor children.
If the defendant violates the order, they face further charges. They will face a charge for each offense they commit. A conviction for the crime could play a role in a divorce case as well.
In Texas, the state imposes strict penalties for individuals who are found guilty of domestic violence. Possible defenses for the offense include, but are not limited to, a lack of intent, self-defense, or a false claim. Criminal defendants who need help can contact domestic violence attorneys in Tyler, TX through the Law Firm of Holmes & Moore, PLLC today.