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Domestic Violence

Austin Domestic Violence Lawyer

If you’re facing accusations of domestic violence in Austin, Texas, you’re likely worried about the legal consequences as well as the stigma surrounding such crimes.

Although law enforcement in Texas takes domestic violence allegations seriously, you have rights and deserve a chance to tell your side of the story. You need an experienced Austin domestic violence lawyer to mount an effective defense for you and fight to help you get the best possible results.

Criminal defense attorney Lance Kennedy understands what you’re going through. Whether you’ve been falsely accused or made a mistake in the heat of the moment, Lance is here to listen without judgment and work tenaciously to preserve your freedom and liberties.

Take advantage of Lance’s extensive knowledge and experience to improve your odds of obtaining a favorable outcome. Contact Lance Kennedy Law today for a free consultation and take the first step toward protecting your rights and future.

Understanding Domestic Violence Charges in Texas

In Texas, domestic violence is legally referred to as family violence or domestic assault.

The law defines these crimes as an act that one member of a family or household perpetrates against another member where they intend to cause physical harm, bodily injury, or sexual assault. This also includes threats that reasonably place the member in fear of imminent physical harm.

Types of Domestic Violence Charges

  • Assault: This can range from causing bodily injury to merely threatening imminent bodily injury.
  • Aggravated Assault: This involves causing serious bodily injury or using or exhibiting a deadly weapon during the assault.
  • Continuous Violence Against the Family: This charge applies when there are two or more domestic assaults within a 12-month period.
  • Stalking: Involves repeated behavior that puts someone in fear for their safety.
  • Violation of Protective Orders: This occurs when someone knowingly violates the terms of a court-issued protective order.

Other offenses can result in domestic violence charges as well. Speak with an attorney right away if you’re under investigation or arrest for any type of family violence crime.

What Scenarios Lead to Domestic Violence Charges in Austin?

Domestic violence charges can arise from various situations, including:

  • Arguments that escalate to physical confrontations
  • Misunderstandings or false accusations during divorce or custody disputes
  • Self-defense situations misconstrued by law enforcement
  • Incidents fueled by alcohol or drug use
  • Mental health crises that lead to threatening behavior
  • Retaliation or revenge scenarios in troubled relationships

Remember, charges don’t make you guilty. Each case has unique circumstances, and Lance Kennedy is committed to understanding your situation to build the most effective defense strategy.

What Are the Potential Penalties of a Domestic Violence Conviction in Texas?

The consequences of a domestic violence conviction in Texas can be severe and far-reaching. They may include:

Prison Sentences

The length of imprisonment depends on the specific charge and your prior criminal history:

  • Class A Misdemeanor Assault: Up to 1 year in county jail
  • Third Degree Felony (such as assault with a previous conviction): 2-10 years in state prison
  • Second Degree Felony (like aggravated assault with a deadly weapon): 2-20 years in state prison
  • First Degree Felony (aggravated assault causing serious bodily injury): 5-99 years in state prison

Fines

Monetary penalties can be substantial:

  • Class A Misdemeanor: Up to $4,000
  • Felony charges: Up to $10,000

Other Possible Repercussions

Beyond fines and imprisonment, a conviction on domestic violence charges can result in other repercussions:

  • Employment: Many employers conduct background checks, and a domestic violence conviction can severely limit job opportunities.
  • Housing: Landlords may deny housing applications based on domestic violence convictions.
  • Civil Liberties: You may lose your right to own or possess firearms.
  • Personal Life: Convictions can affect child custody arrangements and damage personal relationships.
  • Immigration Status: For non-citizens, a conviction could lead to deportation or denial of citizenship.
  • Professional Licenses: Certain professional licenses may be revoked or denied.
  • Protective Orders: The court may issue a protective order, limiting your movements and contacts.
  • Counseling and Batterer Intervention Programs: The court may require you to participate in these programs.
  • Travel Restrictions: Some countries may deny entry to individuals with domestic violence convictions.
  • Social Stigma: The label of domestic abuser can have lasting social and personal consequences.

With all that’s at stake, you must have a skilled attorney like Lance Kennedy fighting for your rights and working to mitigate these potential consequences.

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    I appreciate his compassion and proactive strategy that got my son the best possible outcome.
    “Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
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    “Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
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    What Are Some Common Defense Strategies for Domestic Violence?

    When defending against domestic violence charges, Lance Kennedy employs a range of strategies tailored to the specific circumstances of each case.

    Depending on your case, these could include:

    • Self-Defense: If you were protecting yourself or others from harm, Lance will gather evidence to show that your actions were reasonable and necessary.
    • False Accusations: Unfortunately, domestic violence charges are sometimes fabricated, often in the context of divorce or custody disputes. Lance will work to expose any inconsistencies in the accuser’s story and present evidence of potential motives for false accusations.
    • Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there’s insufficient evidence to support the charges, Lance will push for dismissal or acquittal.
    • Violation of Constitutional Rights: If law enforcement violated your rights during the arrest or investigation, Lance may be able to have certain evidence suppressed or the case dismissed.
    • Accident: In some cases, what appeared to be intentional violence was actually an accident. Lance will help gather and present evidence to support this defense.
    • Mutual Combat: In situations where both parties willingly engaged in a physical altercation, Lance could potentially use this as a defense strategy.
    • Mental Health Issues: In some cases, underlying mental health conditions may have contributed to the incident. Lance can work to have these factors considered in your defense.
    • Challenging Witness Credibility: Lance will scrutinize witness testimonies and work to expose any inconsistencies or biases.

    Since each case is unique, you may have other defense options. You can rely on Lance to explore every avenue to defend you or reduce the severity of your punishment.

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    Frequently asked questions

    • While the victim’s wishes are considered, the decision to pursue charges ultimately lies with the prosecutor. They may proceed even if the victim doesn’t want to press charges.
    • While being charged doesn’t automatically result in job loss, some employers may take action based on company policies. Lance can advise you on how to handle this situation.
    • The duration varies greatly depending on the case’s complexity and whether it goes to trial. Some cases resolve in months, while others may take over a year.
    • It depends on the specifics of your case and any protective orders in place. Lance can help you understand and potentially modify any restrictions.
    • Non-citizens face additional risks, including potential deportation. It’s crucial to inform Lance about your immigration status so he can consider this in your defense strategy.
    • In some cases, especially for first-time offenders, alternative sentencing options like counseling programs may be possible. Lance will explore all available options for your case.
    • Lance will thoroughly investigate your case, looking for any evidence that supports your account, inconsistencies in the accuser’s story, or witnesses who can corroborate your version of events.
    • You must comply with the order, even if you believe it’s unwarranted. Violating the order will only get you into deeper legal trouble. Contact Lance immediately for guidance on how to respond legally.
    • Prosecutors may attempt to introduce evidence of past incidents. Lance will work to exclude any irrelevant or prejudicial evidence and context to any admissible past incidents.
    • This decision depends on the strength of the evidence, potential penalties, and your personal circumstances. Lance will provide a thorough analysis to help you make an informed choice.

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