Parker County Domestic Violence Defense Attorney
Domestic assaults are crimes that continue to pervade our country. Parker County prosecutors and law enforcement officers take domestic violence very seriously. They should. Domestic violence can turn deadly in an instant. However, some people take advantage of the situation and make claims about domestic violence that never happened. Prosecutors and law officers will push as hard as they can for a conviction without looking deeper into the allegations to ascertain whether the alleged victim exaggerated or fabricated the charges.
The problem with that approach is the fact that prosecutors and police think every person charged with domestic violence is a potential homicide defendant. Said philosophy is a hasty generalization, but prosecutors do not want to take that chance. Instead of using their discretion, they fight for long sentences. Having a tough, seasoned, former prosecutor on your side defending you against domestic violence charges in Parker County will level the playing field for you and give you the best chance possible to avoid a conviction.
Domestic Assaults in Parker County
In Texas, a domestic assault is a Class A misdemeanor. People found guilty of a Class A misdemeanor face up to one year in jail and a $4,000.00 fine or both. The crime of assault could become a third-degree felony if the penalty phase of the trial shows that the person has previous convictions for domestic assault on his or her criminal record or the evidence showed that the perpetrator choked or strangled, or attempted to choke or strangle, the victim in the case. Anyone having been found guilty of the third-degree felony could be incarcerated for no less than two years but no more than ten years in the Texas state prison system.
The burden is on the prosecution to prove the defendant committed the assault beyond a reasonable doubt. To sustain that burden, the government’s attorney must prove that:
- the defendant caused a bodily injury to another,
- the defendant threatened imminent bodily harm, or
- offensive or provocative contact.
The enhanced penalties come into play if the victim of the assault is a family or household member, the parties have a child in common, or were in a dating relationship at one time.
Defenses to Domestic Assault
The successful defense of a domestic assault case is a thorough investigation of all of the facts of the case. A thorough investigation of the case also includes delving into the background of the alleged victim to see if this person fabricated charges like this in the past or has a reputation for untruthfulness.
One of the most effective defenses is called the “reasonable doubt defense.” In other words, you litigate the case to show that the government simply does not have sufficient evidence for a conviction. An experienced domestic violence defense attorney will develop a theory to show that jury that the victim had a motive to lie, exaggerated the charges, or was the first aggressor, and, therefore, the defendant must be acquitted of all charges.
Other defenses come into play as well. The defense of accident or a self-defense case are also viable defenses based on the facts of the case.
Sometimes, the evidence is so strong that going to trial is too risky. Then, mitigating the possible punishment becomes the goal. An experienced domestic violence defense attorney may persuade a judge to place a person on probation instead of in prison and recommend anger management counseling as a method of teaching the aggressor how to avoid physical conflict and resolve differences without resorting to violence.
Trust Your Defense To A Weatherford Texas Domestic Violence Attorney with a History of Success
Attorney Jeff Hampton is available to discuss your case immediately. Call at 817-877-5201 to explore your options and mount a successful defense against your Parker County domestic violence charges.