Domestic Violence Attorney in McAllen, TX

Domestic violence accusations carry significant penalties and long-term consequences. Being accused of domestic assault in Texas can be a scary and disheartening experience, especially involving a loved one. Therefore, accusations of domestic violence should never be taken lightly. It is imperative to confront the criminal charges and mitigate the penalties by seeking legal counsel.

As an experienced criminal defense attorney at The Law Office of Aaron Fonseca, I represent people facing domestic assault charges in McAllen, Texas. I understand the damage a conviction can do to your life, which is why I am committed to exhausting every avenue of your defense to help protect your rights and freedom. I proudly serve clients also in Mission, McAllen, and Rio Grande Valley, Texas.

Domestic Assault in Texas

Crimes identified as "domestic violence" in most other states are considered “domestic assault” in Texas. An individual can face domestic assault charges when they use force in domestic situations, causing or threatening to cause bodily injury. Under Texas law, a person is charged with domestic assault for engaging in any physical contact that the alleged victim considers provocative or offensive.

Charges are elevated from simple assault to domestic assault when assault involves either current or former spouses, romantic partners, parents, children, individuals related by affinity or blood, and members of the same household.

Texas courts treat domestic assault more seriously than many other offenses. Under Texas law, you do not necessarily have to cause bodily injury to anyone mentioned above to be charged with domestic assault. However, just because you were charged does not necessarily mean that you will be convicted. You may still have a chance to contact a skilled domestic violence attorney in Edinburg, Texas, to help you put together a strong defense.

Possible Consequences & Penalties

The possible consequences and penalties associated with a domestic violence conviction in Texas can be dire. In addition to jail time and hefty fines, a conviction will also result in a permanent criminal record. In Texas, individuals convicted of domestic assault cannot clear their records unless the court overturns the conviction. It means that, in most cases, a domestic assault conviction will remain on your record permanently.

Other consequences of a domestic violence conviction include:

• The loss of a hunting and fishing license (and the loss of the right to obtain one);

• The loss of the right to own and possess firearms

• The loss of a job and the ability to obtain future employment

• Anger management classes

• Possible deportation (for immigrants)

In addition, when going through a divorce, the spouse convicted of domestic violence may not be able to secure a favorable custody arrangement or may even lose the right to see their child without supervision. There are many other consequences of being convicted of domestic assault, including the social stigma of having a criminal record.

Defenses to Domestic Violence Allegations

No two domestic violence cases are ever the same, which is why possible defense strategies may differ from one to another. If you are facing domestic assault charges in Texas, you must discuss your unique case with a knowledgeable criminal defense attorney to help you build a strong defense strategy.

While defenses to domestic violence allegations depend on the circumstances of the alleged offense, the most common defense strategies include:

1. False accusations. If the allegations are blown out of proportion or the alleged domestic assault never occurred, the individual would need to present evidence proving that the individual is falsely accused of the crime.

2. Self-defense. In some domestic violence cases, the defendant may claim that they were acting in self-defense. For example, the defense may be available to a spouse using physical force to protect their child from the spouse.

3. Lack of intent (accident). To be convicted of domestic assault in Texas, the prosecution must prove that you were acting intentionally or knowingly. If the alleged act of violence occurred by accident, the defendant may raise the “lack of intent” defense.