Domestic Violence

Floyd - Federal Crime Defense Attorneys in Houston, Harris County, Texas

False Allegations

Unfortunately, allegations of family violence are also one of the areas of criminal law most likely to involve false allegations, especially when the allegations are made during a time of impending divorce or child custody disputes. However, it is important for you to remember that if you find yourself up against a false allegation of domestic violence, it does not have to lead to a conviction. These cases can certainly be won.

Despite police officers’ zeal, and public opinion making it seem like the world is against you, if you have been unfairly accused of domestic violence, you should always fight back against those charges. A knowledgeable criminal lawyer will be able to help you avoid charges and keep your record and your reputation intact.

Houston Domestic Violence Lawyer: Texas Family Violence Defense

In recent years, domestic violence allegations have risen sharply across the Houston area, prompting Texas law enforcement and courts to enforce a strict policy of zero tolerance. Because prosecutors aggressively pursue these cases, a simple misunderstanding or heated argument can quickly escalate into serious, life-altering criminal charges. Whether you are facing a misdemeanor accusation or a high-stakes felony assault allegation, navigating the complex Texas family violence statutes requires a strategic legal approach. Securing an experienced Houston criminal defense attorney immediately is the most critical step toward protecting your rights, telling your side of the story, and preventing an unfair conviction from permanently damaging your future.

This is especially true in Texas, where all assault charges, especially those involving family violence, are taken extremely seriously. Now that law enforcement officials and the courts are publicly cracking down on domestic violence, individuals accused of these charges may find themselves facing some of the law’s harshest consequences.

Trust a Texas Domestic Violence Lawyer Who Understands State Law

In Texas, domestic violence laws are complicated, and their impact can vary significantly from case to case. Luckily, John T. Floyd has been successfully handling these cases for years. Mr. Floyd knows exactly how to navigate the complex world of Texas family violence laws and exactly what it takes to win these cases and keep your record clear.

The first important detail to understand is that domestic violence charges are not limited to people currently involved in romantic relationships. Oftentimes, accused men and women are surprised that they have been charged with domestic violence, incorrectly believing that because no spouse or partner was involved, they have been wrongly accused.

This is not always so. In Texas, an act can be considered domestic violence as long as that act is committed against any of the following:

A family member
A household member
Someone the offender is currently dating or has dated in the past

Another common misconception is that domestic violence cases can only be considered criminal if significant physical injury occurred as a result of an assault. In fact, domestic violence charges can be filed and prosecuted even if no physical injury was sustained at all.

In these types of cases, nothing is as cut-and-dry as people tend to believe, which is why the charges can be so confusing. Still, if you are facing family violence charges, it is important your attorney understands exactly the relevant laws in Texas so that you can fight back more effectively.

In Texas, domestic violence cases can be divided into three types: domestic assault, aggravated domestic assault, and continuous violence against the family.

Domestic Assault

Simply put, a domestic assault is any assault on one of the types of people named above (i.e., a family member, household member, or former or current partner). There are a range of actions that can fall under the realm of assault, including:

Intentionally causing bodily damage to another individual
Intentionally threatening another individual with bodily injury
Intentionally causing physical contact with another individual that that individual finds offensive or provocative

These types of charges are typically classified as Class A misdemeanors as long as the defendant has never before been charged with domestic violence.

Aggravated Domestic Assault

According to Texas law, a person can be accused of aggravated domestic assault if he or she causes serious bodily injury to another person, or if he or she uses any deadly weapon while committing an assault crime.

Again, things can get more than a little confusing here since there is so much room for subjectivity. For instance, what exactly constitutes “serious bodily injury,” and in which cases can certain items be considered lethal weapons?

In domestic violence cases, prosecutors will often try to twist these undefined areas into definitions that work in their own favor. However, these arguments are often weak and baseless. The legal team at The John T. Floyd Law Firm knows how to spot holes in these types of prosecutions and shut them down immediately so that you can have your case reduced or dismissed.

Continuous Violence Against the Family

An individual can be charged with continuous violence against the family if he or she is convicted of two domestic assaults within a span of 12 months. It is important to note here that it is not necessary for the accused individual to have been found guilty in either of the previous instances. Even without previous guilty verdicts, a person can be charged with—and potentially found guilty of—a continuous violence against the family crime. This kind of charge is considered a third-degree felony and carries incredibly serious penalties.

Choking

Another way family violence cases can be elevated to a felony is by an allegation of choking. Choking is defined by Texas law as intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. These cases are extremely serious, as the maximum penalty is up to 10 years in prison. What is even more disturbing is the increasing number of cases that previously would have been filed as misdemeanors that are now filed as choking offenses and the speculation that police officers, or vindictive family members, understand the law and the magic language that is needed to drastically increase the seriousness of the allegation.

A Knowledgeable Domestic Violence Attorney Explains the Consequences for Domestic Violence Charges in Texas

If you have been charged with domestic violence in Texas, you could be facing a number of very serious consequences. The consequences of these crimes vary depending on the nature of the allegation and the defendant’s criminal record, at their most simplified, domestic violence crimes are often charged in the following way:

Class A misdemeanor – penalties may include up to one year in jail, up to $4,000 in fines, or both
3^rd degree felony – penalties may include 2 to 10 years in prison and up to $10,000 in fines
2^nd degree felony – penalties may include 2 to 20 years in prison and up to $10,000 in fines
1^st degree felony — penalties may include 5 to 99 years in prison and up to $10,000 in fines

These consequences do not take into account the social effects that a domestic violence charge could bring. In addition to fines and jail time, a domestic violence conviction has the potential to ruin your reputation, prevent you from obtaining certain licenses and employment, and change life as you know it for years or even decades following the conviction.

Houston Defense Attorney John T. Floyd: The Defense You Need in Your Domestic Violence Case

In domestic violence cases, prosecutors often rely on the assumed sympathies of judges and juries, and they are wise to do so because it often works with an unprepared defense lawyer. With such staunch public opinion and the cards already stacked against perpetrators of family violence, it can be all too easy for the prosecution to tug at jurors’ heartstrings by painting the defendant in a sympathetic light while demonizing the accused.

John T. Floyd not only understands how Texas courts work, how to confront false allegations, and exactly what it takes to clear your name. He also knows how to reveal the other side of the story – the story that the prosecution will try to hide. Mr. Floyd knows what a credible defense looks like in a family violence case because he has successfully crafted them for countless defendants just like you. When you hire The John T. Floyd Law Firm, he will work hard to tell your story and clear your name.

Do not delay. The faster an experienced, compassionate domestic violence attorney can start crafting your defense, the more likely you are to achieve a positive outcome.

Contact a Houston Domestic Violence Defense Attorney

Facing allegations of family violence or domestic assault can uproot your life, jeopardize your parental rights, and threaten your dom. Do not try to navigate the complex Texas family violence statutes or aggressive prosecution tactics on your own. The John T. Floyd Law Firm provides strategic, high-stakes criminal defense to protect your rights, your family, and your reputation. Schedule a Consultation our Houston office today at 713-224-0101, email us at assistant@johntfloyd.com, or visit us at 3730 Kirby Drive, Suite 750, Houston, Texas 77098 to schedule a confidential consultation and take control of your defense.