Fort Bend County Domestic Violence Attorney

Protecting Clients Accused of Domestic Violence in Greater Houston, TX

Were you accused of domestic violence? Were you arrested after an altercation with a family member? If so, you could be charged with one of three crimes: domestic assault, aggravated domestic assault, or continuous violence against the family.

Although there is no specific statute for domestic violence in Texas, an assault will be considered “family violence” if the victim is:

• Your current or former spouse
• Your child, step-child, or foster child
• Someone with whom you share a home
• Someone that you are or were dating
• The other parent of your child
• One of your family members

Being arrested for domestic violence is serious. If you are facing charges of family violence in Texas, you should speak with a Fort Bend County criminal lawyer at The Sims Law Firm, PLLC. With experience as a former prosecutor, Brandon Sims provides the aggressive defense you need.

You could be charged with domestic assault if you are accused of assaulting a family member, household member, or dating partner. Apart from your relationship with the victim, all of the elements for domestic assault are the same as simple assault—which includes harming another person, threatening to harm another person, or touching another person in an offensive manner.

To further understand your situation, consider the implications that domestic assault charges can have on your life outside of legal penalties. A conviction can impact your future employment opportunities, housing prospects, and relationships with family and friends. An experienced legal team can help mitigate these effects by negotiating on your behalf or arguing for reduced sentences or alternative resolutions, such as anger management programs. It is crucial to explore all your options and gather as much information as possible to make informed decisions.

If you have no prior domestic assault convictions, you would be charged with a Class A misdemeanor. This offense is punishable by up to one year in jail and $4,000 in fines. If you have a prior conviction on your record, you could be charged with a third-degree felony. This offense is punishable by two to 10 years in state prison and $10,000 in fines.

Consequences of Aggravated Domestic Assault in Texas

If you have been accused of committing an aggravated assault against your spouse, family member, or household member, you could be charged with aggravated domestic assault. While similar to domestic assault, your charges could be elevated if you intentionally or recklessly cause serious bodily injury to the victim or use or exhibit a weapon during the assault.

It's important to recognize the severity of aggravated charges, as they demonstrate intent or extreme recklessness. These cases often involve more substantial evidence and stricter legal procedures. Engaging with a qualified defense lawyer early in the process can provide crucial guidance on navigating complex legal systems and effectively challenging evidence or testimonies against you. Understanding the intricacies of law, especially in aggravated cases, could significantly alter the outcome of your proceedings and penalties faced thereafter.

If a deadly weapon was used and the victim was seriously injured, you could be charged with a first-degree felony. 
If you are convicted, you could face up to 99 years in prison and $10,000 in fines. 

Understanding Continuous Violence Against the Family Charges

In Texas, you could also be charged with the crime of “continuous violence against the family” if you have been accused of committing two domestic assaults in the span of 12 months. What makes this particularly tricky is that you don’t actually have to be arrested or convicted of either offense. It also doesn’t have to be proven that the two assaults were committed against the same victim. Under state law, this offense is a third-degree felony, which means that you could face up to 10 years in prison and $4,000 in fines if you are convicted.

Continuous violence charges can stem from cumulative legal and personal history, making it essential to address minor disputes before they escalate into serious legal issues. Early intervention with legal advice can prevent misunderstandings from becoming criminal charges. Documentation and evidence collection of peaceful interactions or disputes resolved amicably can be beneficial. Engaging with a legal professional familiar with family dynamics and Texas law is crucial to your defense and the effective management of such situations.

Your Rights & Options in Domestic Violence Cases

Dealing with domestic violence charges can be overwhelming and frightening. It's important to understand your rights and options when facing these serious allegations. Our experienced domestic violence attorney in Sugar Land, TX, can provide you with the guidance and support you need during this difficult time.

Your rights include being informed of the charges against you, having access to a competent legal defense, and being treated fairly by law enforcement and the legal system. It is vital to remember your right to remain silent until you have legal counsel present to prevent self-incrimination unintentionally. Beyond legal defense, seek emotional support, whether through therapy or support groups, to deal with the personal impact of such accusations.

Our legal team will work tirelessly to defend your rights and protect your future. We will thoroughly investigate the circumstances surrounding the allegations and develop a strong defense strategy tailored to your specific case. Whether you are facing charges for domestic assault or aggravated domestic assault, we are here to advocate for you every step of the way.

It's crucial to have a knowledgeable and compassionate legal advocate on your side when dealing with domestic violence charges. Contact The Sims Law Firm, PLLC today to schedule a consultation and learn more about your legal options.

Get in Touch with Our Domestic Violence Lawyer Today

If you have been charged with domestic violence, you have no time to waste. The sooner you contact a criminal defense attorney in Fort Bend County, the better it could be for your case. Our lawyer has over 17 years of legal experience and knows what it takes to provide effective and aggressive representation. Protect your future by scheduling a free initial consultation with our domestic violence attorney at The Sims Law Firm, PLLC today.

Understanding the urgency of legal action is vital in domestic violence cases. The sooner we can assess your situation, the quicker we can deploy appropriate defense actions that may include filing for bail, negotiating with prosecutors, or gathering witnesses' testimonies. Our commitment lies in not just defending you legally, but also in providing advice that aligns with your long-term personal goals and restoring your normalcy. Reach out to us today to explore how we can help shield you against the impacts of domestic violence charges.

Local Resources & Support in Fort Bend County

Being involved in a domestic violence situation can be isolating, but Fort Bend County offers a wealth of resources and support networks to help individuals navigate this challenging time. The Fort Bend County Women's Center provides shelter, counseling, and crisis intervention for victims seeking immediate safety and assistance. Utilizing these services can empower individuals and provide the necessary support to move toward a more secure future.

Additionally, the Fort Bend County District Attorney's Office has initiatives focusing on the victims of domestic violence, ensuring that each matter is handled with sensitivity and that victims' voices are heard. Taking advantage of these resources can help individuals feel more control over their narratives, and, when combined with legal counsel from The Sims Law Firm, PLLC, clients can achieve comprehensive protection and advocacy. These resources, paired with local legal professionals, create an environment that prioritizes safety and justice within the community.

FAQ: Domestic Violence Defense in Fort Bend County

What Should I Do If I'm Arrested for Domestic Violence?

If you're arrested on domestic violence charges, it's critical to remain calm and cooperative. Exercise your right to remain silent and request an attorney immediately. Avoid engaging in conversations about the incident without your lawyer present to avoid self-incrimination. Collecting and preserving evidence that could support your innocence, such as messages, videos, or witness testimonies, should be your next step. This information will be vital for your attorney when designing a defense strategy. The The Sims Law Firm, PLLC is prepared to guide you through this process and ensure that your rights are protected every step of the way.

Can Domestic Violence Charges Be Dropped in Texas?

In Texas, once charges are filed by the prosecutor, the complainant cannot stop the legal process independently. The state considers domestic violence a serious crime, and the prosecution may proceed with or without the victim's cooperation. However, a skilled domestic violence attorney in Fort Bend County can negotiate with the prosecution, potentially leading to dismissed or reduced charges. Engaging with your legal team early can provide opportunities to present evidence that could impact the prosecutor's decisions, offering a chance to mitigate the charges before they advance to trial.

How Can I Defend Against False Allegations?

Defending against false allegations of domestic violence demands a strategic and thorough approach. Begin with documenting all interactions and maintaining any evidence like messages or calls that disprove the allegations. Witness testimonies can also be crucial in corroborating your account of events. Your lawyer will work to identify inconsistencies in the complainant's story and any motivations for the false accusations. Building a strong character reference can further support your defense. At The Sims Law Firm, PLLC, we are committed to unearthing every possible angle to defend you robustly against such damaging allegations.

What Are the Long-Term Impacts of a Domestic Violence Conviction?

A domestic violence conviction carries weighty long-term consequences, affecting various aspects of life even after serving penalties such as jail time or fines. It can limit employment opportunities, as many employers conduct background checks. A conviction can also affect your social reputation and relationships with family and friends. Furthermore, it may hamper your right to own firearms and could influence child custody arrangements. Understanding these implications underscores the importance of vigorous defense efforts, which The Sims Law Firm, PLLC's dedicated team stands ready to provide.

How Does Fort Bend County Handle Domestic Violence Cases?

Fort Bend County takes domestic violence cases with utmost seriousness, leveraging a specialized unit within the District Attorney's office to handle such charges. They work in coordination with local law enforcement and victim support agencies to ensure thorough investigations and fair trials. Enhanced efforts by the county influence prosecution policies aimed at correcting behavior while supporting victims comprehensively. The Sims Law Firm, PLLC aligns with these practices, dedicating efforts to protect the rights of those accused while navigating the county's defined procedures for domestic violence offenses.