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Domestic violence cases are often some of the most difficult cases, as charges are easy to bring and difficult to disprove. Domestic violence charges are often based on one individual’s reaction to an argument in the heat of the moment, although this reaction can have dire consequences for the arrested party. An argument that spirals out of control, resulting in a 911 phone call, can have very serious consequences for the individual accused.
In the face of the daunting challenges posed by domestic violence cases, the Mary E. Conn & Associates stands as a steadfast ally ready to provide compassionate guidance and unwavering support. Our team understands the complexities and sensitivities surrounding these matters, and Mary E. Conn & Associates is here to offer a helping hand in your time of need. While these situations are undeniably difficult, it is crucial to remember that you don’t have to navigate them alone. Our experienced domestic violence defense attorneys are dedicated to meticulously examining every facet of your case, constructing a robust defense strategy, and safeguarding your rights with the utmost care. Your well-being and future are of paramount importance, and entrusting your case to our capable hands can make all the difference.
Domestic violence falls within the general Assault definition in the Texas Penal Code. A person commits an assault if that person:
In Houston, domestic violence is often treated harshly by prosecutors and arresting officers alike due to the prevalence of these kinds of acts, and the bias against them. An arresting officer will likely not ask many questions when they are called to the scene of an alleged domestic violence dispute, and will generally arrest someone at the scene. Therefore, it is important to gather as much evidence as soon as possible in order to assist your Houston domestic violence defense lawyers in fighting and winning your case. The arresting officer often takes only the statement of the alleged victim, which paints a one-sided story.
It is important that you consult with an experienced domestic violence attorney in Houston about the incident and ensure that the domestic violence attorneys understand the facts and circumstances from your point of view. Your Houston, TX domestic violence attorneys will present these facts and circumstances to the prosecutor and court.
Domestic violence cases are complex and emotionally charged, often involving intricate legal considerations. Being accused of domestic violence can lead to serious consequences but it’s important to remember that every individual has the right to a fair trial and the opportunity to present a strong defense.
One of the primary defenses used in domestic violence cases is self-defense. If the accused is able to prove that their actions were in response to a genuine threat of bodily harm, they might be able to establish a valid self-defense claim.
A critical aspect of any legal case is evidence. If the prosecution fails to present convincing evidence that demonstrates the accused’s guilt beyond a reasonable doubt, a defense attorney can argue that there is simply not enough proof to secure a conviction.
In some cases, individuals may falsely accuse someone due to personal motives such as revenge, jealousy, or custody disputes. A skilled defense attorney can investigate the circumstances surrounding the allegations and uncover inconsistencies or motives that might cast doubt on the accuser’s credibility.
An alibi defense consists of providing evidence that the accused was not present at the scene of the alleged incident. This can be established through witness testimony, surveillance footage, or electronic records. Demonstrating that the accused had no opportunity to commit the offense can significantly weaken the prosecution’s case.
For certain domestic violence charges, such as assault, the prosecution needs to prove that the accused acted with the intent to cause harm. If the defense can demonstrate that the alleged actions were accidental or lacked the necessary intent, this can weaken the prosecution’s case and lead to reduced charges or a dismissal.
If law enforcement officers violate the accused’s constitutional rights during the arrest or investigation process, evidence obtained as a result of these violations may be deemed inadmissible in court. This can significantly weaken the prosecution’s case and might lead to charges being dropped.
Navigating domestic violence charges requires a deep understanding of the legal landscape and a strategic approach to building a strong defense. While these common legal defenses can provide a foundation for challenging allegations, every case is unique. It’s important to consult with an experienced domestic violence defense attorney who can thoroughly assess the details of your case, tailor a defense strategy, and ensure your rights are protected throughout the legal process. Remember, everyone deserves a fair trial and the opportunity to clear their name.
While Houston domestic violence charges sometimes only result in Class A Misdemeanor charges, (up to one year in county jail or up to a $4,000 fine) domestic violence can also lead to felony charges. If you have a prior domestic violence conviction or even an unrelated criminal conviction on your record, you may face felony charges. Felony convictions have a long-lasting impact on both your life and the penalty range in future cases. Different from misdemeanor convictions, felonies potentially result in years in state jail or prison, as well as lifelong penalties after you are released, such as restrictions on work opportunities or in child custody arrangements. Felony convictions also have potential fines of up to $10,000, much higher than misdemeanor fine amounts.
Understanding domestic violence cases is essential for anyone facing such charges. Each case presents its own unique circumstances, making it crucial to collaborate with a seasoned attorney who can craft a tailored defense strategy. By enlisting the help of a skilled legal professional, individuals can strive to protect their rights, challenge allegations, and work towards a just resolution in the face of domestic violence charges.
With a wealth of experience in domestic violence cases, the attorneys at Mary E. Conn & Associates have successfully represented numerous clients entangled in such disputes. The team stands ready to guide you through the intricacies of the criminal court process. To initiate your initial consultation, connect with our Houston office now at (713) 357-4190 or by visiting our website and filling out our contact form. Our firm is located just twenty minutes from the Harris County Courthouse.
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Mary E. Conn & Associates is a distinguished law firm with a commitment to providing exceptional legal defense in both state and federal courts. Led by Mary E. Conn, a seasoned criminal defense attorney with over three decades of experience, the firm is dedicated to protecting clients' rights and achieving the best possible outcomes in complex legal matters.
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