Brownsville Domestic Violence Lawyer

Domestic violence is not a crime under Texas law but a category of crimes occurring in a domestic setting. These crimes are referred to as “family violence” and “dating violence” per the Texas Family Code, Chapter 71. Crimes within this law include those directed at intimate partners, family members, or household members. 

A national push toward addressing domestic violence more effectively has resulted in law enforcement stepping up their responses to domestic disturbances. They often arrest an individual in a domestic violence scene whom they believe has committed a crime with little or no evidence. Thus, you can be charged with domestic violence based on exaggeration, false accusations, and misrepresentation.

If you are facing allegations of domestic abuse, it is highly recommended that you exercise your right to silence until you have retained the services of a criminal defense lawyer. At The Law Office of Mauricio Garcia, you can partner with Attorney Mauricio Garcia, a local Texan well-equipped to protect your rights and defend you in the criminal justice system. 

Reach out to our firm online or at (956) 395-3314 for a free case review with our Brownsville domestic violence attorney. Hablamos español.

Understanding Domestic Violence in Texas

Domestic violence crimes can occur between the following:

• Spouses and former spouses
• Individuals related by blood
• Individuals who share a child regardless of marital status
• Foster parents and foster children
• Dating partners and former dating partners
• Household members, such as roommates

Types of Domestic Violence Crimes in Texas

• Domestic assault: Involves intentionally, knowingly, or recklessly causing bodily injury to another. Penalties range from a Class A misdemeanor for a first offense to a third-degree felony for repeated offenses.
• Aggravated domestic assault: This includes assault that results in serious bodily injury or involves the use of a deadly weapon. It is treated as a second-degree felony, with penalties including hefty fines and prison sentences of up to 20 years.
• Continuous violence against the family: A charge applied when two or more domestic assaults occur within 12 months, classified as a third-degree felony.
• Stalking: Knowingly engaging in behavior that the victim reasonably perceives as threatening to cause them or their family harm or to cause them to fear for their safety. This can be classified anywhere from a third-degree to a second-degree felony, depending on the circumstances and the presence of any prior convictions.
• Cyberstalking: Involves using electronic communication to harass, threaten, or intimidate someone, often by sending threatening messages through email, social media, or other digital platforms. While cyberstalking falls under the broader umbrella of stalking, it highlights the role of technology in modern harassment and intimidation tactics. Penalties can vary based on the nature of the actions and any related offenses.

Texas law enforcement officers have the authority to arrest an individual without a warrant if they have probable cause to believe that person has committed domestic violence. This can occur even if the officer did not witness the crime directly, a measure designed to immediately protect victims from further harm.

Consequences of Domestic Violence Charges in Texas

Penalties for domestic violence in Texas can vary widely depending on the nature of the crime and the alleged perpetrator's criminal history. They range from fines and probation for lesser offenses to lengthy prison sentences for more severe or repeated offenses. Furthermore, being convicted of a domestic violence crime can have lasting impacts on an individual's rights. Noncitizens arrested for or convicted of domestic violence may face deportation.