What Happens If I'm Convicted of Domestic Abuse?

By Collin County Assault Lawyer Troy P. Burleson

If you are accused of Assault in Collin County, Texas and the person you are accused of assaulting is your spouse or a member of your household, the prosecutors will add a “family violence” enhancement paragraph to your charging document. This enhancement paragraph is prepared to reflect the allegation that the assault was against a family member. If you plead guilty or are found guilty of and Assault with Family Violence enhancement then you will face additional consequences than just the normal punishment for an Assault charge in Texas. An Assault without a family violence enhancement is a Class A Misdemeanor under Texas law. Click the link below for the range of punishment for a Class A Misdemeanor in Texas.

Texas Misdemeanor punishment: Class A

A guilty plea to charges of family violence is not the only way the prosecutor can prove a domestic assault case. The State can also prove it by producing evidence of prior assaults that were never prosecuted.

Additional Consequences of Family Assault and Domestic Violence

The additional consequences of a Texas Family Assault or Domestic Violence conviction are harsh. In addition to the punishment range for a regular Class A misdemeanor assault conviction (up to 1 year in jail and up to a $4,000 fine), a family violence enhanced assault carries additional consequences which includes, but are not limited to:

• Unlike some other criminal cases, information on a domestic violence charge IS ALWAYS available to the public.
• Most Districts Attorney’s offices have polices to NOT offer Deferred probation for Family Violence Assaults which means your arrest, plea of guilty or conviction for Assault Family violence will be on your record FOREVER.
• Having an Assault Family Violence conviction on your record can affect your ability to find future employment.
• A domestic violence conviction may stand in the way of obtaining security clearance or getting a professional license.
• If you were trying to rent an apartment, your prospective landlord will see the assault charge and possible deny your lease application.
• An Assault conviction with a Family Violence enhancement WILL PREVENT you from buying a handgun or hunting rifle.

Because of the additional consequences of an Assault with Family Violence enhancement charge you should not plead guilty if at all possible. There are many ways an experienced domestic violence criminal defense lawyer may help you avoid these harsh consequences. This may include:

• A reduction of the charge,
• Negotiating to drop the family violence enhancement,
• A dismissal of the charge on the condition you and your spouse attend marriage counseling,
• Filing an Affidavit of Non-Prosecution from your spouse to inform the prosecutors that they what the charges dropped and will not willingly participate in your prosecution;
• Zealously defending your rights in a trial on the merits;
• Etc.

Contact Us

If you are facing domestic violence charges, please contact The Law Offices of Biederman & Burleson to schedule a free initial consultation to discuss your assault and domestic violence defense. We are available for evening and weekend appointments, accept credit cards, offer flexible payment plans and charge affordable rates.