Can A Domestic Violence Charge Be Dismissed? A Former Prosecutor Breaks Down Defenses (2021)

Texas Domestic Violence Charges – There Are Ways to Fight Back

Facing a Domestic Violence charge in Texas is a scary and intimidating situation. What do you do? How do you fight back? We are going to examine some specific strategies and defenses that can be used to protect you from the State of Texas and provide you the best opportunity to obtain a favorable result.

Domestic Violence assault can include the following crimes:

Assault By Contact – Family Member
• The State of Texas must prove beyond a reasonable doubt that you intentionally or knowingly contacted the alleged victim in a manner that was “offensive.”
• Assault By Contact – Family Member is a Class C Misdemeanor punishable by fine only of up to $500. However, the State of Texas now requires each person charged with Assault By Contact – Family Member to be fingerprinted and entered into the State’s database for domestic violence offenders. As a result, it is critical that your case be dismissed so that you can have the records expunged from your criminal record

Assault Bodily Injury – Family Member
• The State of Texas must prove beyond a reasonable doubt that you intentionally or knowingly contacted the alleged victim in a manner that caused “pain.”
• Assault Bodily Injury – Family Member is a Class A Misdemeanor punishable by up to 1 year in the county jail and up to a $4,000 fine.

Assault Impeding Breath – Family Member
• The State of Texas must prove beyond a reasonable doubt that you intentionally or knowingly contacted the alleged victim in a manner that impeded the circulation of breath. Many people refer to this crime as Assault-choking.
• Assault Impeding Breath is a 3rd degree felony punishable by up to 10 years in prison and up to a $10,000 fine.

Continuous Family Violence
• The State of Texas must prove beyond a reasonable doubt that you intentionally or knowingly assaulted the alleged victim 2 or more times in a 12 month period. Failure to prove both assault allegations will result in the charge being dropped to the lesser charge of Class A Misdemeanor Assault Bodily Injury – Family Member.
• Continuous Family Violence is a 3rd degree felony punishable by up to 10 years in prison and up to a $10,000 fine.

Defense of Mistake
Perhaps the most common example of the defense of mistake is the situation where the family member victim was extremely upset, not thinking clearly and gave information to the police officer that may not fairly represent what took place. It is human nature for us to perceive things in an exaggerated manner when we are upset and controlled by our emotions. After all, how many of us have said things in our life that someone misunderstood us? How many of us have said things in anger or fear or sadness that we later regretted and wanted to take back? All of us!! Although the alleged victim was not intentionally giving unclear information, the mistaken information can be relied upon by the State of Texas to seek a conviction for a domestic violence charge.

My Ex Is Lying
Unfortunately, ill will can play a role in accusations, too. Sometimes – especially in divorce cases – former partners can make false allegations in hopes of controlling the outcome of a heated custody battle. Often your defense team must scour an accuser’s story against police reports and eyewitness testimony for inconsistencies to ward off a wrongful conviction.

I Have An Alibi

Perhaps you can provide hard evidence of an alibi. What do we mean by hard evidence? Pictures, text messages or digital proof of location are examples. Additionally, you may have credible testimony proving you couldn’t have committed the crime because you were with these witnesses. This evidence would provide proof that the alleged victim is lying about the incident and your case may be able to be dismissed or you could be found not guilty at a jury trial.

My Domestic Violence Was an Act of Self-Defense
On the other hand, when you purposefully committed an act of violence against a family or other household member, but had good reason, you may be able to have the charges completely dismissed.

FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS
CLICK HERE https://www.criminalattorneyfortworth.com/what-to-do-if-charged-with-a-crime

0:00 Can A Domestic Violence Charge Be Dismissed? A Former Prosecutor Breaks Down Defenses
01:52 What does “Assault by Contact Family Member” mean?
03:05 What does “Assault Bodily Injury of a Family Member” mean?
05:00 What does “Assault Impeding Breath of a Family Member” mean?
06:22 What is “Continuous Family violence” offence?
07:14  What does “Aggravated Assault of a Family Member” mean?
07:40 What does “Serious Bodily Injury” mean?
08:15 #1 defence to beat a Domestic Violence case.
10:54 What is an “Affidavit of Non-prosecution?”
12:10 #2 defence to beat a Domestic Violence case.
13:35 #3 defence to beat a Domestic Violence case.
14:35 #4 defence to beat a Domestic Violence case.

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