Domestic assault is a crime that can lead to serious consequences. In case a person is accused of domestic assault again, the charges they would face will be much harsher. Such charges should not be taken lightly as they can severely affect the accused’s life.
It is recommended that the accused hires a lawyer who specializes in similar cases. They can provide a better understanding of the law as well as defend the accused in case of a false allegation. Though repeat offences are not taken lightly in Texas, knowing the state laws can help understand the extent of the punishments.
This blog explores domestic assault, its charges, and the consequences of repeat domestic assault.
What Is Domestic Assault?
When a person performs acts of physical or sexual violence on a partner, ex-partner, roommate, or family member, the act is considered domestic assault. It can include acts like:
- Physical abuse
- Emotional abuse
- Sexual assault
- Threatening violence
- Child abuse
In Texas, domestic assault comes under ‘family violence,’ which has strict rules regarding the intention, threatening, and the act of violence against family, children, and dating violence.
Is Domestic Assault a Felony or a Misdemeanor?
If a person were to face domestic assault allegations, how they are punished depends on whether their actions are considered a felony or a misdemeanor. In case their actions are considered a minor offense, then the punishment they face will be small. Though if their crime is severe, they will be facing felony charges, leading to harsher punishments.
What Makes Domestic Assault Charges to be Harsh?
What punishment a person receives depends on the following:
- The severity of the punishments increases depending on the severity of the offender’s crimes.
- State laws may influence the punishments; depending on the classification of crimes and the laws surrounding them, the punishment may vary.
- If the offender used a weapon, there is a higher chance of a harsher conviction.
- The punishment may get harsher depending on the severity of the victim’s injuries.
- If the offender has prior convictions, the punishment could get harsher.
Penalties Under Misdemeanor Domestic Assault
If an offender’s crimes are considered a misdemeanor, these are the punishments they might face:
- Jail for up to 1 year
- Probation
- Fine between $1000-$5000
- Restraining order
- Revocation of firearm rights
- Counselling
- If the offender is a non-citizen, they might face immigration consequences
- It will impact child custody arrangements
Penalties Under Felony Domestic Assault
If the offender’s actions are considered as a felony, these are the punishments they might face:
- Longer jail time (depends on the state)
- Longer probation period
- $5000 or more as a fine
- Mandatory and longer counseling
- Permanent loss of firearm rights
- Restraining orders
- Harsher impact on child custody rights
- Severe immigration consequences, including deportation
What Are the Consequences of a Repeat Domestic Assault Offense in Texas?
A repeat offense is not taken lightly in any state, repeat domestic assault is no different either. Under the Texas Penal Code guidelines, a repeat domestic assault charge is considered a Third Degree Felony under the family violence law. Apart from the previously mentioned punishments, the penalties one may face for a Third Degree Felony are:
- Imprisonment up to 10 years
- Fine up to $10,000
- Prosecutors may refuse reduced charges for repeat offenders.
Conclusion
The consequences one may face for domestic assault charges are severe, but if it is a repeat offense, the consequences they face will be much harsher. Facing these charges may seem intimidating, but keeping a cool mind and connecting with a lawyer who can help navigate the complexities is necessary. Legal guidance can negotiate for a more lenient punishment or collect evidence to prove innocence in case of a false allegation.
Understanding the consequences of domestic assault and repeat offenses can help people make better choices and avoid legal complications.
