What Are The Penalties For Assault Family Violence In Texas?
Defendants who go to trial and are convicted for a first time offense of domestic violence, a Class A misdemeanor, face a punishment of up to one year in the county jail and a fine of up to $4000. In addition, there are many consequences when the court makes a finding that domestic violence occurred. One of the most significant ones is the loss of your gun rights. It may be illegal under Federal law and state law to possess a firearm or ammunition if you’ve ever been convicted of domestic violence. Oftentimes, prosecutors will offer the minimum sentence of time served, one day in jail or $1 fine in order to get the conviction because they know that this will have the implications on your gun rights. If you’ve previously been convicted of domestic violence and you get charged with a second time offense of domestic violence, the punishment is enhanced to a 3rd degree felony punishable by up to 10 years in the Texas Department of Corrections prison and a fine of up to $10,000.
If you go to trial on a domestic violence case and you’ve had a previous conviction of domestic violence and you are convicted of a second time offense with a punishment range of up to 10 years, the minimum sentence that a jury can sentence you to is 2 years in prison. If you’ve never been convicted of a felony before the jury may have the option to suspend your sentence or give you probation. If the judge or jury elects to give you probation you may be allowed to serve your sentence in the community while under the supervision of the probation department. But if you have a prior conviction for a felony, you are not eligible for probation from a jury. We have had great success in negotiating with the prosecutors to get them to agree to give our clients probation even when they may not be eligible for probation from a jury at trial. In addition, if you are charged with domestic violence by strangulation or suffocation, this is also a third degree felony which is punishable by up to 10 years in the penitentiary and a $10,000 fine.
If there is an allegation that there was a weapon used and you committed the offense of aggravated assault with a deadly weapon against a family member, typically an aggravated assault with a deadly weapon is a second degree felony punishable by up to 20 years in the penitentiary but if it’s against a domestic partner or a family member that punishment can be enhanced up to a first degree felony punishable by 5 years up to 99 years in the Texas Department of Corrections.
For more information on Penalties For Domestic Violence Convictions, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.
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