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What Are the Penalties for Domestic Violence Charges?
If you are convicted of domestic violence charges or additional charges, such as aggravated assault, in Texas, you can face a variety of potential penalties. Those include criminal penalties, such as fees and prison time, as well as societal penalties that can impact your freedom and opportunities in the future.
Domestic Violence vs. Family Violence
Before digging into the consequences of domestic violence convictions in the state, it’s important to understand the nature of these types of charges. For example, Texas recognizes family violence, which is another name for domestic violence. Family violence occurs when someone who is related to someone else or who lives in the household with someone else acts in a way that threatens or injures the other person.
Family violence occurs between people who are related by blood or marriage, are dating, or who live in the same house.
Texas offers different classifications for family and domestic violence charges. The first is domestic assault. This occurs when someone intentionally and knowingly causes injury to someone else or threatens someone else with harm. The individuals involved must share a specific type of relationship. They must be married or have been married to each other; be dating or have been dating each other; be related by blood, marriage, or adoption; be involved in a foster situation with each other; or live in the same house.
Aggravated domestic assault occurs in the same situations but is an upgraded charge when serious bodily harm occurs or the assault involves the use of a deadly weapon. A deadly weapon can include any object that might cause serious harm to another, so it doesn’t have to be a gun or knife. A heavy wrench might be classified as a deadly weapon depending on the circumstance of the case, for instance.
The third classification is known as continuous violence against the family. You may be charged with this if you committed more than one domestic assault within 12 months, even if previous acts didn’t involve an arrest or conviction.
Criminal Penalties for Domestic Violence Charges
First offenses are typically misdemeanors unless there are mitigating circumstances that might warrant an upgrade to felony charges. Conviction on a first offense misdemeanor domestic violence charge in Texas can come with up to a year in jail and a fine of up to $4,000.
Subsequent charges are typically considered felony charges. This means the consequences increase. Potential sentencing following a conviction on such charges can include a fine up to $10,000 and up to 20 years in prison, depending on the facts and nature of the case.
Other Potential Consequences of Domestic Violence
Of course, the immediate criminal penalties are not the only consequences of a domestic violence conviction. You can face lifestyle consequences in the future, too.
Loss of Relationships
If you are convicted of a domestic violence charge, you may find that your relationships suffer. This isn’t just true of the relationship involved in the domestic violence situation. Spending time in jail can cause strain on current romantic partnerships as well as relationships with friends or other family members. You could also struggle to maintain custody of children or visitation rights.
Loss of Social or Community Standing
A domestic violence conviction is a public matter, and it can lead to loss of standing in the community and your social circle. You may be asked to step down from volunteer or other positions or find that you don’t have as many options for socializing on a regular basis.
Potential for Deportation
If you are in the United States illegally or legally on a visa, a domestic violence charge could lead to your deportation. In such cases, you may also be denied re-entry at a later date based on the conviction.
Challenges Finding Employment
If you have a criminal conviction on your record, it shows up in a background check that employers might run. This can make it more difficult for you to get a job. Domestic violence charges are specifically concerning to employers when a position involves working with vulnerable persons, women, or children. You might also be unable to gain employment in a job that requires security clearance or when employers consider a person’s ability to handle stress situations or anger well.
Loss of Your Firearm Rights
A domestic violence conviction can mean you are unable to own firearms or keep them on your person or at your residence. You might not be able to carry a firearm again for up to five years from your conviction, depending on the facts of your case and sentencing.
This obviously reduces your options for defending yourself and your home. However, it has a knock-on effect that many people don’t consider. You will not be able to hunt with a firearm if you aren’t allowed to carry a firearm. This isn’t a factor for everyone, but if you are a serious hunter or tend to feed your family partially through hunting, this can be a serious consequence.
Work With a Criminal Defense Attorney
The best way to mitigate the impact of consequences from a domestic violence conviction is to ensure you have proper legal defense for domestic violence in New Braunfels, Texas. Call Seymour & Vaughn at 830-282-8751 if you are facing domestic violence charges to find out how we can help with your defense.
