Don’t Face It Alone: Hire a Houston Domestic Violence Lawyer
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Facing Domestic Violence Charges in Houston
Being accused of domestic violence is a harsh blow. If you’re facing these serious charges in Houston, finding the right Houston domestic violence lawyer is crucial, as Harris County prosecutors pursue these cases aggressively. The legal system takes every allegation seriously, and the stress can be overwhelming.
Here are the immediate steps you should take if arrested for domestic violence in Houston:
- Remain Silent: Do not answer questions from law enforcement without your lawyer.
- Do Not Resist: Cooperate with officers, but do not provide any statements about the incident.
- Contact a Lawyer Immediately: An experienced Houston domestic violence lawyer can protect your rights from the very start.
- Document Details: Make a mental note of everything that happened, and write it down later for your lawyer.
- Understand Your Rights: Your lawyer will explain the legal process and all your options.
I am Herman Martinez, a Houston domestic violence lawyer with over 25 years of experience. My background as a Chief Prosecutor for the Harris County District Attorney’s Office and a City of Houston Judge provides a unique perspective to your defense. I understand the pressure you’re under.
Understanding Domestic Violence Charges in Texas
In Texas, “domestic violence” is legally termed “family violence,” a broad definition covering more than just physical fights. The Texas Family Code, Chapter 71.004 includes acts intended to cause physical harm, bodily injury, assault, or sexual assault, as well as threats that create a reasonable fear of these acts. Child abuse and dating violence also fall under this category.
According to the Texas Office of Court Administration, Harris County handles thousands of family violence cases annually, with over 50% resulting in plea deals rather than trials. This data helps us predict outcomes and negotiate better resolutions for our clients.
Texas law defines “family” for domestic violence charges very broadly. It’s not just about spouses. You could face charges if the alleged victim is:
- A relative by blood or marriage.
- A current or former spouse.
- A parent of your child, even if you were never married.
- A foster family member.
- Someone you’re dating or used to date.
- A current or former household member, like a roommate.
This wide definition means a simple argument can escalate into serious charges. Given the complexity, you need a skilled Houston domestic violence lawyer who understands these nuanced laws to protect your rights.
Misdemeanor vs. Felony Charges
The severity of a domestic violence charge depends on the circumstances, your criminal history, and whether a weapon or strangulation was involved.
A first-time offense without serious injury or a weapon is typically classified as a Class A Misdemeanor. This charge can lead to up to one year in jail and a $4,000 fine. Even a misdemeanor conviction results in a permanent criminal record, bringing lasting consequences.
Charges can escalate to a felony under several circumstances:
- Prior Convictions: A second domestic violence offense is typically a third-degree felony, carrying 2 to 10 years in prison.
- Strangulation: Assault involving strangulation or choking is almost always a felony, even without visible injuries.
- Aggravated Assault: Using a deadly weapon or causing serious bodily injury leads to an Aggravated Assault charge, a second-degree felony (2-20 years). With a deadly weapon, it can become a first-degree felony (5-99 years or life). You can learn more about assault charges here.
- Continuous Violence Against the Family: Committing two or more family violence offenses in 12 months is a third-degree felony, even without prior convictions.
Understanding these distinctions is vital, as they dictate the potential penalties and your defense strategy. As your Houston domestic violence lawyer, we have deep experience defending against all levels of charges.
Learn more about Texas assault penalties under the Penal Code and the Harris County guide to protective orders to understand how these laws may apply to your case.
The Far-Reaching Consequences of a Conviction
A domestic violence conviction in Houston has consequences far beyond jail time and fines. It creates a ripple effect that can damage your life for years. These penalties can turn your world upside down.
First, the immediate legal penalties are severe:
| Charge Type | Minimum Jail/Prison Time | Maximum Jail/Prison Time | Maximum Fine |
|---|---|---|---|
| Misdemeanor Domestic Violence | 0 days | 1 year | $4,000 |
| Felony Domestic Violence | 2 years | 10 years | $10,000 |
| Aggravated Domestic Assault | 2 years | 20 years | $10,000 |
| Aggravated DV (Deadly Weapon) | 5 years | 99 years / Life | $10,000 |
| Second DV Conviction | 2 years | 10 years | Hefty fines |
| Continuous Violence Against Family | 2 years | 10 years | Hefty fines |
Beyond these penalties, a conviction creates a permanent criminal record with severe collateral consequences:
- Loss of Firearm Rights: Federal law prohibits firearm ownership, even for a misdemeanor conviction.
- Child Custody Implications: Courts prioritize child safety, which can lead to loss of custody, supervised visitation, or even termination of parental rights.
- Protective Orders: These civil “stay away” orders legally prohibit contact with the accuser and potentially your children. Violating one is a separate criminal offense.
- Professional Consequences: A conviction can lead to the loss of professional licenses and make it difficult to find employment due to background checks.
- Immigration Consequences: Non-citizens may face deportation or denial of visas.
- Financial & Housing Issues: A criminal record can make it hard to secure housing or obtain loans.
The consequences are deep and far-reaching, isolating you from loved ones and stripping away rights. That’s why an aggressive Houston domestic violence lawyer is essential to fight for your future.
Why You Need an Experienced Houston Domestic Violence Lawyer
Facing domestic violence charges in Houston is like being caught in a storm. With your future at stake, you need a skilled Houston domestic violence lawyer to fight for you. Our first job is to protect your rights.
You have the right to remain silent, and we ensure you use it wisely, as police and prosecutors will use anything you say against you. For a refresher, see our guide on what to do after an arrest.
Houston prosecutors are aggressive, often pursuing charges even if the accuser recants. They build cases using 911 calls, bodycam footage, and medical records, representing the “State of Texas,” not the alleged victim.
Our lead attorney, Herman Martinez, offers a unique advantage. With 27 years as a Houston domestic violence lawyer and former experience as a Chief Prosecutor for Harris County, he knows the prosecution’s playbook. This insight allows us to:
- Anticipate the State’s Strategy: We predict the prosecution’s moves and plan our defense accordingly.
- Negotiate Dismissals or Reduced Charges: We leverage our understanding of prosecutors to negotiate for dismissals or lesser charges.
- Identify Flaws in the Prosecution’s Case: We are skilled at finding errors and insufficient evidence to weaken the state’s claims.
Facing domestic violence charges? An experienced Houston domestic violence lawyer is your advocate. They fight for your freedom and make sure your side of the story gets heard.
Case Study: Proven Results
Over my 25+ years defending clients, I’ve helped hundreds of people avoid harsh penalties. For example, I secured a case dismissal for a client falsely accused of assault after uncovering video evidence that disproved the claim. This experience gives me the insight needed to build strong defenses for my clients.
The Role of Your Attorney in Building a Defense
Hiring an experienced Houston domestic violence lawyer immediately starts the process of building your defense. It’s a comprehensive effort to investigate the facts and plan the best strategy. Our approach includes:
- Thorough Investigation: We scrutinize every detail, including police reports, 911 calls, and bodycam footage.
- Evidence Analysis: We search for weaknesses in the state’s case, conflicting stories, and evidence of your innocence.
- Challenging Reports and Statements: We look for errors, bias, or inconsistencies in police reports and witness accounts.
- Filing Legal Motions: We file motions to suppress illegally obtained evidence or to dismiss the case entirely due to insufficient proof.
- Aggressive Courtroom Representation: We handle every aspect of your trial, from jury selection to closing arguments, ensuring your story is told powerfully.
We leave no stone unturned in preparing your defense. We take every part of our job seriously to protect your freedom. You can learn more about the role of a criminal defense attorney and our dedication to your case.
Building a Strong Defense Against Allegations
When facing false or exaggerated domestic violence allegations, you are not alone. An experienced Houston domestic violence lawyer can build a strong defense to ensure your side of the story is heard.
Several legal defenses are available in Texas.
Common legal defenses we may use include:
- Self-Defense/Defense of Others: Arguing that you used reasonable force to protect yourself or another person from immediate harm.
- Accidental Injury: Showing that any harm was unintentional and not the result of a deliberate assault.
- Lack of Evidence: The prosecution must prove guilt “beyond a reasonable doubt.” We challenge their case if the evidence is weak or insufficient.
- False Accusations/Inconsistent Testimony: We expose contradictions in the accuser’s story to undermine their credibility.
- Alibi: Proving you were not at the scene when the alleged incident occurred.
Our job is to create “reasonable doubt” by presenting a strong defense and challenging the prosecution’s evidence. We understand the nuances of proving intent in criminal cases and work to ensure the prosecution cannot meet its high burden of proof.
How a Houston Domestic Violence Lawyer Can Challenge False Accusations
Being falsely accused of domestic violence is terrifying, with your freedom and reputation on the line. These claims often arise during tense situations, but a skilled Houston domestic violence lawyer can effectively challenge them.
False claims often surface during:
- Contentious Divorces: To gain an advantage in financial settlements.
- Child Custody Battles: To influence custody decisions or visitation rights.
- Revenge or Manipulation: Stemming from anger or a desire to control a situation.
To fight back, we gather counter-evidence like text messages or emails that reveal the accuser’s true motives. We establish an alibi, find witnesses to support your account, and expose motives tied to divorce or custody battles.
By highlighting inconsistencies, we build a strong case to push for a complete case dismissal. We are dedicated to representing the wrongly accused and will fight relentlessly to clear your name.
Frequently Asked Questions about Houston Domestic Violence Cases
If you’re facing domestic violence charges in Houston, you likely have many questions. Here are answers to some of the most common concerns we hear.
Can the alleged victim drop the charges against me?
A common misconception is that the alleged victim can “drop the charges.” In Texas, this is false. The State of Texas, through the prosecutor, brings the charges, not the individual. The prosecutor decides whether to proceed, and they often will, even if the accuser recants or signs an “Affidavit of Non-Prosecution.”
Prosecutors are trained to build cases using other evidence like 911 calls, police reports, and bodycam footage, meaning the case can continue without the victim’s cooperation. This is why you need a Houston domestic violence lawyer to negotiate with the prosecutor on your behalf.
What is a protective order and how does it affect me?
A protective order is a civil court order issued to protect someone from alleged domestic violence. It can severely impact your life by:
- Imposing a “stay away” order, requiring you to keep a certain distance from the person’s home, work, and children’s school.
- Prohibiting all contact, including calls, texts, emails, or social media.
- Granting temporary child custody to the other person and restricting you to supervised visitation.
Violating a protective order is a separate crime, a Class A Misdemeanor, even for accidental contact. These orders can last up to two years and are often issued quickly, making immediate legal representation at the hearing essential.
What should I do immediately after being arrested for domestic violence?
The actions you take immediately after an arrest are critical. Follow these steps:
- Remain Silent: This is your most important right. Police are gathering evidence to use against you. Do not explain your side of the story. Simply state, “I want to speak with my lawyer.”
- Do Not Resist Arrest: Cooperate physically with officers to avoid additional charges, but do not provide any statements.
- Do Not Discuss the Case: Jail calls are recorded and can be used by the prosecution. Do not talk about your case with anyone but your attorney.
- Contact a Lawyer Immediately: The sooner an experienced lawyer gets involved, the better they can protect your rights, assist with bond, and begin building your defense.
For more guidance, read our article on what to do after an arrest: remaining silent. Your future depends on making smart decisions from the start.
Get the Right Defense for Your Case
Facing domestic violence charges in Houston is a serious situation with life-altering stakes. A conviction can damage your career, reputation, and family relationships, including child custody and your right to own a firearm. You are fighting for your entire future.
You need an experienced Houston domestic violence lawyer who understands the aggressive tactics of Harris County prosecutors. At The Martinez Law Firm, you don’t have to face this alone. Lead attorney Herman Martinez offers a unique “former prosecutor advantage” from his time as a Chief Prosecutor for Harris County. This insight allows us to anticipate the state’s strategy and identify weaknesses in their case.
We use this perspective to craft a personalized defense strategy aimed at the best possible outcome, whether that’s a dismissal, reduced charge, or deferred judgment. Whether you are innocent, acted in self-defense, or made a mistake, we will vigorously defend your rights. Don’t let an accusation define your future.
Don’t wait. The sooner you involve an experienced Houston domestic violence lawyer, the stronger your defense can be. Contact us now for a confidential consultation.