Domestic violence or family assault refers to any form of abuse by one person against another in any relationship. Houston criminal defense lawyers have their hands full defending the accused parties in these cases.
The most commonly acknowledged form of family violence is physical, and for this reason, most people think that such abuse targets the weaker individual. However, it’s important to note that domestic abuse comes in various forms; from sexual to physical, emotional, psychological, economical and verbal threats of physical injury. Anyone can be a victim regardless of age group, gender, ethnicity and social groupings. There have been numerous cases of children, cohabitants, spouses and dating partners being victims. The result is traumatized individuals and broken families.
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Violence is shunned upon by societal morals and by law. In the state of Texas, it is illegal with several statutes covering the entire spectrum. Most laws in the U.S. against domestic violence are state laws varying from state to state. They’re not only constituted to improve how the victim is treated after the trauma but to aid in apprehending and prosecuting the perpetrators of violence.
Domestic assault law provides the criminal guidelines for punishing those who cause any form of harm, physical or otherwise, to others with whom they share a home or other close relationship. The degree of punishment, like most assault cases, is determined by intent. If there’s proof of intent to commit the assault, the punishment is harsher than when the strike results from reckless conduct. For instance, knocking someone down while running through a congested street can be termed as violence albeit unintended.
Acts that are perceived as upsetting or offensive, without causing actual physical harm might seem minor but are classified as an assault by provocative or offensive contact. They’re all prosecuted under Texas Penal Law. Depending on whether the perpetrator has or hasn’t been convicted of similar offenses in the past, the crime is classified as a third-degree felony or Class A misdemeanor respectively.
According to the Texas penal code, domestic violence is not just limited to legal or genetic family members. Its laws not only apply to current or past dating partners, spouses and close relatives, but also to those residing in the same household related by blood or affinity.
There are three crimes classified as domestic or family attacks in Texas: aggravated domestic attacks, domestic attacks and general continual violence in the home.
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As highlighted in Texas law, undertaking an offensive against any member of your family provides ground to find guilt. An attack mainly results from intentionally causing injury to another person, threatening or causing physical contact.
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A person is convicted of intense familiar onslaught if he/she executes an assault against any member as highlighted. A person commits aggravated attacks in Texas if he/she knowingly causes severe bodily injury to another person, or displays a deadly weapon when committing an assault or threat. The weapon could be a bat, stick or firearm among others.
Continuous war against the Family
In adding to violent crimes, a person in Texas can be convicted of the crime of continuing assault against the home if he executes two in twelve months. A defendant can be convicted of this crime without previous conviction, and the two crimes need not have been committed against the same victim.
According to the Texas Department of Public safety, the most common form of altercation in the home in Texas is simple onslaughts, at seventy-three percent. Aggravated assault accounts for fifteen percent and intimidation accounts for 8.3%.
Regardless of the offenses, any accused individual is eligible to the services of a law attorney. If you are facing a domestic violence charge, you should consider hiring an attorney. An experienced attorney can assess and investigate your case and guide you on all the options you have from entering into a plea agreement to going to trial. Good representation can get you soft sentences such as community supervision or deferred adjudication.