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Archive for March, 2018

Houston Domestic Violence Cases & Texas Law

March 2, 2018
Houston Domestic Violence Cases & Texas Law

Cases of domestic violence in Texas has been on the rise since 2011 (Texas Sees Increase in Domestic Violence Reports , 2017). The statistics in the state Department of Public Safety show that about 214000 people in Texas have been victims of domestic violence.

Domestic Violence: Misdemeanor or Felony Offense?

Misdemeanors and felonies are criminal offenses that are punished differently. A misdemeanor charge is sentenced up to a year, and the offender is not necessarily taken to a maximum security prison, while a felony is punishable by more than a year in prison. A felony is a more serious offense than a misdemeanor. If you’re charged with a felony offense in Harris County, you’ll need the best Houston criminal justice lawyer you can find to give you a fighting chance at avoiding what’s sure to be a lengthy jail sentence. We recommend Attorney Mark W. Bennett of the Bennett & Bennett law firm. Their phone number is 713-224-1747.

With that being said, you might be wondering whether domestic violence is a misdemeanor or a felony offense. But first, you should understand what domestic violence entails to comprehend where domestic violence falls in entirely.

Domestic violence refers to any abuse inducted upon a family member or a spouse. Domestic violence can be characterized as both a misdemeanor or a felony; it depends on the extent of damage that results from the offense. A misdemeanor domestic violence typically comprises of verbal abuse and minor assault battery. Unfortunately, if you are convicted more than twice with a misdemeanor domestic violence, it can prelude to a felony domestic violence.

A felony domestic violence as mentioned above is more critical. This offense can result in possible do-time in prison, be fined heavily and even get a restraining order against you. The following is a short list of events or outcomes that can lead a domestic violence offense to be categorized as a felony:

    • The occurrence of serious violent altercations that can cause severe injuries or even ultimately death.
    • Battery inflicted to a minor or a child.
  • If a deadly weapon is involved; let’s say a firearm, hunting knife or brass knuckles.
  • Inappropriate sexual acts
  • Acts involving conduct of an inappropriate sexual nature

You should note that a felony domestic violence charge is hard to expunge from your records. However, after many years of good behavior, it can get obsolete.

Also, whether it’s a misdemeanor domestic violence or a felony domestic violence, you can never underestimate these charges. You should find yourself a good lawyer to get you through it.

Therefore, since there has been a drastic rise in domestic violence in Texas, the state take-on on the offense is very serious.

Top Causes of Houston Family Assaults & Domestic Violence Cases

The primary causes of domestic violence include:

  1. Physical abuse – mostly start off with drug abuse and alcohol
  2. Financial abuse – involves unemployment of one of the partners hence dependent on the other

iii. Psychological abuse – involves comments that lower self-esteem of your partner or family member.

  1. Emotional abuse – involves anger, jealousy and envy
  2. History of domestic violence in a family can be passed on. Young adults and children may get negative lessons from domestic abuse at home.

In case you sense any form of domestic abuse as aforementioned, you need to be careful so that you don’t become just another number in the statistics of domestic violence in Texas.

Houston Domestic Violence Cases & Texas Law