Domestic Violence Defense Attorney in El Paso, TX
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If you have been arrested for domestic assault or any type of offense allegedly committed against a family member, cohabitant, or person with whom you are or were in a romantic relationship, you are in a very serious situation. Domestic violence cases are vigorously prosecuted and harshly penalized in Texas, even for first offenders. If convicted, you could face penalties ranging from up to 12 months in county jail all the way to decades in state prison.
As a trusted El Paso criminal defense attorney who spent two years as a Federal Agent with the U.S. Border Patrol and six years as a Public Defender, Rafael C. Morales is here to protect you. He has over a decade of criminal defense experience and understands just how serious domestic violence charges can be. The prosecuting attorney may move forward with a case against you even if the alleged victim does not want to press charges. Matters can quickly get out of hand, and your reputation, custody rights, and freedom may be at stake.
Domestic Violence in Texas: Types of Charges & Penalties
Domestic violence can be divided into three primary categories under Texas Penal Code §§ 22.01 & 22.02:
- The first is domestic assault, as defined in § 22.01. This occurs when one intentionally, willfully, or recklessly causes or threatens to cause bodily injury, or causes offensive or provocative physical contact, to a family member, household member, or person with whom the offender has or had a romantic relationship. Domestic assault is a Class A misdemeanor offense, punishable by up to 12 months in county jail.
- The second is aggravated domestic assault, which is defined in § 22.02 and involves domestic assault with one or more aggravating factors, including: causing serious bodily injury or using/exhibiting a deadly weapon in the commission of the crime. Aggravated domestic assault is a felony of the second degree, punishable by 2 to 20 years in prison.
- The third is continuous violence against the family, which applies if a person is accused of committing 2 domestic assaults within a 12-month period. This is a third degree felony, punishable by 2 to 10 years in state prison.
Domestic violence charges may be based on exaggerations, misunderstandings, and outright lies. A person may be accused of domestic assault for reasons of jealousy or anger, or to gain the upper hand in custody proceedings. If your future is threatened by domestic violence allegations, choose an attorney who knows how to defend your interests and ensure your side of the story is heard.
Contact El Paso domestic violence defense lawyer Rafael Morales at (915) 800-8201 today.