Domestic Violence

Waco Domestic Violence Defense Lawyers

Understanding Domestic Violence Laws in Texas

In Texas, the law says that a person is guilty of assault if they "intentionally, knowingly or recklessly cause bodily injury to another person, including the person's spouse." Furthermore, the law also describes a bodily injury as any impairment in physical condition or pain. As you can see, this is a pretty low legal threshold.

Depending on the case, there are different defenses that may be available to a person who has been accused of domestic violence:

  • The most common defenses to assault are self-defense and consent - Self-defense is probably the most familiar one. It says that a person has a right to use a reasonable amount of force to defend him/herself. Consent is another possibility — if two people decide they are going to settle things in a fistfight, the loser of that fight can’t cry "assault!"
  • Provocation and retaliation are not valid defenses to assault or domestic violence - Provocation would involve a situation where someone gets in your face and says rude or annoying things in an attempt to get under your skin, causing you to assault him/her. Retaliation, of course, is where you attack someone because this person first did something to you or someone else.

If you have been charged with this offense, turn to Milam & Fanning, PLLC. Our Waco domestic violence attorneys are ready to provide aggressive defense representation for you. Serving Lorena, the Baylor University area, and all of McLennan County, we are prepared to provide the level of counsel you need in the face of assault or domestic violence charges.

What Are the Penalties for Family Violence in Texas?

If the complaining witness in your case is a family member or a roommate, you may have the phrase "family violence" tacked on to the end of your charge. There are two key elements of a family violence charge that you need to know about. First, if you are convicted, you may never again possess a firearm or ammunition. Second, if you are charged with another "family violence" offense, it can be enhanced to a third-degree felony.

Understanding whether certain defenses or enhancements apply to your case can be quite confusing. That's what our law firm is here for. Set up a consultation with one of our Waco domestic violence lawyers. We will talk through the entire event and arrest with you, helping you create an effective strategy.

Call us at (254) 237-5602 to get started.

Milam & Fanning, PLLC

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