Erath County Domestic Violence Attorney

Protecting the Accused in Erath, Comanche, and Surrounding Counties

Being charged with domestic violence is a serious matter. In Texas, a conviction can result in significant jail time, fines, and a criminal record that can follow you for life. If you've been falsely accused of domestic violence, it's important to take the matter seriously and to work with a lawyer who can help you fight the charges.

At the Law Offices of Landon Northcutt, our legal team knows how to help you navigate the criminal justice system and we are ready to fight for you. Contact us at (254) 355-4654 for a confidential consultation.

What Is Domestic Violence in Texas?

Domestic violence, also known as domestic abuse or family violence, is a serious crime in Texas. It can be charged as a misdemeanor or a felony, depending on the circumstances of the case and the defendant's prior record.

In Texas, domestic violence can be charged when the alleged victim is:

• A current or former spouse
• A current or former dating partner
• A current or former household member
• The parent of your child or unborn child

Domestic violence can also be charged when the alleged victim is a family member, such as a sibling or parent, or a foster child or foster parent. In addition, domestic violence can be charged when the alleged victim is a minor child of any of the above individuals.

It's important to understand that, in Texas, domestic violence is not a specific charge. Rather, it's an enhancement or aggravating factor that can increase the penalties if you are convicted of another crime. For example, if you are convicted of assault and it's determined that the alleged victim is a current or former dating partner, you can be sentenced to enhanced penalties, including a longer jail sentence and higher fines.

What Are the Penalties for Domestic Violence in Texas?

As mentioned above, domestic violence is not a separate criminal charge in Texas. Instead, it is an enhancement, or aggravating factor, that can be used to increase the penalties for a conviction of another crime.

For example, if you are convicted of assault and the alleged victim is a current or former dating partner, the penalties can include:

• A jail sentence of up to 10 years
• A fine of up to $10,000
• Community service
• Completion of a batterer's intervention program

It's important to understand that, in Texas, the penalties for a conviction of any type of assault increase with every subsequent conviction. For example, if you are convicted of assault for the first time, the crime is a Class A misdemeanor. However, if you are convicted of assault for the second time, the crime is a third-degree felony, which carries enhanced penalties.

What Are Possible Defenses to a Domestic Violence Charge?

If you are charged with domestic violence, you may be wondering if there is any way to fight the charges. In many cases, the answer is yes. An experienced Erath County domestic violence attorney can help you explore all of your options and work to develop an effective defense strategy.

Some common defenses to domestic violence charges include:

• Self-defense
• Defense of others
• Consent
• False accusations
• Insufficient evidence

It's worth noting that, in many cases, the alleged victim in a domestic violence case is not interested in getting the defendant in trouble. Rather, the charges may be brought by law enforcement or the state. In these cases, the state may not have sufficient evidence to secure a conviction, and an experienced attorney can challenge the evidence and work to get the charges dismissed.

How Can a Lawyer Help Me Fight a Domestic Violence Charge?

If you have been charged with domestic violence, you need an Erath County domestic violence attorney who will fight for you. At the Law Offices of Landon Northcutt, we are passionate about helping our clients protect their rights and their freedom.

When you choose us to handle your domestic violence case, you can expect us to:

• Conduct a thorough investigation of the charges
• Review the evidence, including police reports and witness statements
• Work to get the charges dismissed or reduced whenever possible
• Develop an effective defense strategy for your case
• File any necessary pre-trial motions, such as a motion to suppress evidence
• Advocate for you in the courtroom and at trial
• Keep you informed about the status of your case
• Answer all of your questions and address any concerns you may have

How Does a Domestic Violence Conviction Affect Your Record?

A domestic violence conviction can have far-reaching consequences on various aspects of your life. Beyond immediate penalties such as fines, probation, or jail time, the conviction becomes part of your permanent criminal record. This record is accessible during background checks, potentially limiting employment opportunities, affecting professional licenses, and creating barriers to securing housing.

Additionally, a domestic violence conviction can restrict firearm ownership under federal and state laws, complicating matters for individuals who rely on firearms for work or personal safety. If the offense involves a family member or household member, it may impact custody or visitation rights in family law cases.

Expungement or record sealing may not be an option for domestic violence convictions in Texas, further emphasizing the need for a strong legal defense to avoid a conviction and protect your future. Legal guidance is essential to navigate these complex issues effectively.

How Long Does a Domestic Violence Charge Stay on Your Record?

If you are convicted of domestic violence, the crime will remain on your criminal record indefinitely. It's also worth noting that a domestic violence conviction can never be expunged. This means that anyone who performs a background check on you will be able to see the conviction, including current and future employers, landlords, and others.

In addition, a domestic violence conviction can have other consequences, such as an inability to own or possess a firearm. It can also make it more difficult to get a job, find housing, or obtain a loan.

Why Choose the Law Offices of Landon Northcutt?

At the Law Offices of Landon Northcutt, we know how the Texas criminal justice system works and we have a strong track record of helping our clients get the best possible outcome in their cases. We are passionate about protecting the rights of the accused and we will work tirelessly to help you obtain a favorable outcome in your case.

When you choose us to handle your domestic violence case, you can expect:

• Personalized attention from a dedicated attorney
• Compassionate and confidential consultations
• Regular updates about the status of your case
• Strong advocacy at every stage of the criminal process
• Answers to all of your questions and concerns

Our Erath County Domestic Violence Attorneys Can Help

Being charged with domestic violence is a serious matter. If you are facing these charges, it's important to take the matter seriously and to work with an experienced criminal defense attorney who can help you fight the charges. At the Law Offices of Landon Northcutt, we are passionate about helping our clients protect their rights and their freedom and we are ready to fight for you.

Call us at (254) 355-4654 or contact us online to schedule a confidential consultation with our Erath County domestic violence attorney.