Domestic Violence Lawyer in Dallas
Arguments between family members, spouses, even roommates can quickly escalate to physical violence, which means law enforcement gets called. Whether the victim wishes to press charges or not sometimes doesn’t matter as police are empowered to use their best judgment in detaining persons for domestic violence. Corbett & Corbett LLP will defend persons accused of battering or assaulting family members by first mounting an investigation into the underlying offense. From there, the firm will refute the evidence against their client.
If you’ve been wrongly accused of family or domestic violence, contact our firm immediately.
What is Domestic Violence in Texas?
According to Texas Penal Code, Title 5, Chapter 22, Section 22.01, the act of domestic violence means an individual assaulted a member of their family, household guest, roommate, or current or past domestic partner. It includes:
- Causing injury to an individual with reckless intent;
- Threatening to injure an individual physically; and
- Intentionally making physical contact with an individual knowing they may find it insulting or provocative.
Defendants who are accused of domestic violence need not be on their property when the assault occurs.
Penalties for Domestic Violence
If convicted for domestic violence in Dallas, here are the penalties you could face:
- Class C misdemeanor charges which carry up to one (1) year in jail along with fines to be determined by the court (or Class A misdemeanor if knowingly, willingly or recklessly injuring someone), up to
- A 1st Degree Felony, which carries a 5-99 year sentencing range and fines, restitution, and other stipulations.
In determining the appropriate penalty, courts will consider the defendant’s criminal history, the victim’s relationship to the accused, and whether strangulation or suffocation was committed during the act.
Additionally, there are very severe consequences outside the courtroom such as losing one’s reputation, job, professional licenses, and so on.
Defenses to Charges of Domestic Violence
Armed with facts surrounding your incident, Corbett Law PLLC is prepared to defend allegations of domestic violence by showing the court zealously:
- The alleged act was unintentional or happened on accident without intent;
- The defendant is not the individual which the offense occurred with (mistaken identity);
- Defendant acted in self-defense;
- Defendant lacked any formal knowledge of the incident;
- Defendant was trying to restrain an individual who was attempting self-harm;
- Defendant was threatened with bodily harm on their own property.
The exact defenses we will use depends on the circumstances surrounding your charge. We’re known for our tough brand of criminal defense, and warrior attitude and will do whatever is legally necessary to exonerate our clients.
FAQs about Domestic Violence
These questions are designed to acclimate persons accused of family or domestic assault with facts that may be useful in determining whether our legal services would be helpful to you. The information provided does not establish an attorney-client relationship.
Do I have the right to a fast and speedy trial?
In any criminal case in Texas, defendants may invoke their Sixth Amendment right to a fast and speedy trial. Whether requesting one in domestic violence cases is suggested or not should be left to your attorney to decide.
Should I answer detective or police questions alone?
You may be intimidated or coerced into answering questions without an attorney. If your arrest was properly Mirandized, you would have been made aware of your rights. If not, and you’re intimidated into talking without knowledge of your right to counsel, your case could be dismissed off a technicality. Never answer questions without your attorney.
Can I be sued civilly for domestic violence?
An intentional tort is causing damage to an individual’s property during the commission of any criminal act. Should you damage property while committing domestic violence, the possibility of civil liability exists.
Contact a Dallas Domestic Violence Lawyer Today
Built on the principle of defending injustices and persons wrongly accused, we strive to help persons charged with domestic violence or similar crimes receive superior representation in court.
We urge you to contact our firm by phone at (214) 956-4418, by filling out our intake form, or through our contact page today. The sooner we’re able to begin your case, the better your chances are of putting this incident behind you quickly.