Facing domestic violence charges in Texas can be an overwhelming and frightening experience. The consequences, whether you’re accused of a misdemeanor or a felony, are serious and can have a long-lasting impact on your life. Understanding the distinctions between these charges is crucial for anyone involved in such a situation.

This blog post aims to shed light on the difference between misdemeanor and felony domestic violence charges in Dallas, Texas. We’ll explore the defining factors of each, the potential penalties, and the importance of seeking legal representation.

If you or someone you know is facing domestic violence charges, remember that you’re not alone. It’s vital to have experienced legal counsel on your side to protect your rights and navigate the complexities of the legal system. At M|C Criminal Law, our dedicated team is committed to providing compassionate and effective defense for individuals facing these difficult charges in Dallas.

What is Domestic Violence in Texas?

In Texas, domestic violence is defined broadly as an act against a family member, household member, or someone with whom you have or have had a dating relationship, that is intended to cause physical harm, injury, assault, or sexual assault, or a threat that places the victim in fear of those things. This means it’s not just physical violence that qualifies as domestic violence. It can also include:

• Physical abuse: Hitting, slapping, choking, pushing, or any other act that causes physical harm.
• Sexual abuse: Rape, sexual assault, or any unwanted sexual contact.
• Emotional abuse: Threats, intimidation, humiliation, isolation, or any other behavior that causes emotional distress.

The key element here is the relationship between the parties involved. Texas law specifically addresses violence within families, households, and dating relationships. This includes spouses, former spouses, people who live together, parents and children, and those who have or had a dating relationship.

It’s important to remember that domestic violence is a serious offense with severe consequences, regardless of whether it’s charged as a misdemeanor or a felony.

Misdemeanor Domestic Violence Charges

In Texas, domestic violence charges are typically filed as misdemeanors for first-time offenses, unless there are aggravating factors involved. This means that if you are accused of assault against a family member, household member, or dating partner, and you have no prior domestic violence convictions, you will likely be facing a misdemeanor charge.

Here’s what that might look like:

• Class C Misdemeanor: This is the least serious type of misdemeanor, usually involving offensive touch but no visible injury. It can result in a fine of up to $500. (Texas Penal Code § 22.01(a)(3)).  While this is often viewed as just a ticket when family violence is alleged it triggers more severe consequences that are not immediately communicated.
• Class B Misdemeanor: This level of offense is most often involving threats or harassing behavior.  A conviction for a Class B misdemeanor can result in up to 180 days in jail and a fine of up to $2,000. (Texas Penal Code § 22.01)
• Class A Misdemeanor: This is the most common type of misdemeanor domestic violence charge. It often involves causing pain or injury (even minor) to the victim, such as a slap that leaves a red mark. A conviction for a Class A misdemeanor can result in up to one year in jail and a fine of up to $4,000. (Texas Penal Code § 22.01(b))

It’s crucial to understand that even a misdemeanor domestic violence conviction can have serious consequences beyond jail time and fines.

These can include:

• Loss of child custody or visitation rights
• Restrictions on firearm ownership
• Difficulty finding employment or housing
• A permanent criminal record
• Use for future enhancements of misdemeanor charges to a felony.
• Exclusion from any future motions to seal your record.

If you are facing a misdemeanor domestic violence charge, it is essential to seek legal representation immediately. A skilled criminal defense attorney can help you understand the charges against you, protect your rights, and explore all possible defense strategies.

Felony Domestic Violence Charges

While first-time domestic violence offenses in Texas are often charged as misdemeanors, certain circumstances can elevate these charges to felonies. This typically happens when there are aggravating factors present, making the offense more serious in the eyes of the law.

Here are some of the factors that can lead to felony domestic violence charges in Texas:

• Prior Domestic Violence Convictions: If you have previous convictions for domestic violence, any new offense is likely to be charged as a felony. This is especially true if the prior convictions were recent.
• Serious Bodily Injury: If the victim suffers serious bodily injury as a result of the assault, the charge can be enhanced to a felony. Serious bodily injury is defined as an injury that creates a substantial risk of death or causes serious permanent disfigurement or impairment of any bodily member or organ.
• Use of a Deadly Weapon: If a deadly weapon is used or exhibited during the assault, the charge will likely be a felony, even if no serious injury occurs. A deadly weapon can be any object that is capable of causing death or serious bodily injury, including firearms, knives, and even household items used in a dangerous manner.
• Impeding the Victim’s Breathing: If the assault involves strangulation or choking, impeding the victim’s normal breathing, this is automatically charged as a third-degree felony in Texas.

The penalties for felony domestic violence convictions are significantly harsher than those for misdemeanors.

They can include:

• Prison time: Felony convictions can lead to years or even decades in prison, depending on the specific charge and the defendant’s criminal history.
• Heavy fines: Fines for felony domestic violence convictions can be substantial, reaching tens of thousands of dollars.
• Loss of Rights: A felony conviction can result in the loss of various rights, including the right to vote, own firearms, and hold certain jobs.

If you are facing a felony domestic violence charge, it is absolutely critical to have experienced legal representation. A skilled criminal defense attorney can thoroughly investigate the charges, challenge the evidence, and fight to protect your rights and freedom.

Additional Consequences of Domestic Violence Convictions

A domestic violence conviction in Texas carries significant consequences that extend far beyond the immediate penalties of jail time, fines, and mandatory classes. These collateral consequences can have a profound and lasting impact on various aspects of your life, including:

Family and Relationships:

• Child Custody and Visitation: A domestic violence conviction can severely jeopardize your ability to obtain custody of your children or maintain your existing visitation rights. Courts prioritize the safety and well-being of children, and a history of domestic violence raises serious concerns about your fitness as a parent.
• Protective Orders: A judge may issue a protective order that prohibits you from contacting the victim, their children, or even going near their home, work, or school. Violating a protective order can lead to further criminal charges and penalties.

Personal Rights and Freedoms:

• Firearm Ownership: Federal law prohibits individuals convicted of domestic violence misdemeanors or felonies from owning or possessing firearms. This restriction is permanent and can have significant implications for hunting, sport shooting, and even certain employment opportunities.
• Immigration Status: If you are not a U.S. citizen, a domestic violence conviction can lead to deportation or denial of citizenship. Immigration laws are particularly strict when it comes to domestic violence offenses.

Employment and Housing:

• Employment Opportunities: Many employers conduct background checks and may be hesitant to hire someone with a domestic violence conviction, especially for jobs involving children, vulnerable adults, or positions of trust. Some professions, like law enforcement and healthcare, may be entirely off-limits.
• Housing: Landlords and property managers often conduct background checks and may refuse to rent to individuals with a history of domestic violence. This can make it difficult to find safe and stable housing.

Social Stigma:

• Reputation and Relationships: A domestic violence conviction can damage your reputation and strain your relationships with family, friends, and community members. The social stigma associated with domestic violence can lead to isolation and difficulty rebuilding your life.

It’s crucial to remember that these additional consequences can be just as devastating as the direct penalties of a conviction. Seeking legal help early on can help you understand the full range of potential consequences and build a strong defense to protect your future.

The M|C Criminal Law Difference

Navigating the complexities of domestic violence charges in Texas requires experienced legal guidance. Whether you’re facing a misdemeanor or a felony, the consequences can be severe and life-altering. At M|C Criminal Law, we understand the sensitive nature of these situations and are committed to providing compassionate and aggressive defense for our clients in Dallas.

Here’s how we make a difference:

• Experienced Defense: Our team has a deep understanding of Texas domestic violence laws and a proven track record of success in defending clients against these charges.
• Personalized Approach: We recognize that every case is unique. We take the time to listen to your story, understand your specific circumstances, and develop a tailored defense strategy that meets your individual needs.
• Protecting Your Rights: We are dedicated to protecting your rights throughout the legal process. We will thoroughly investigate the charges, challenge the evidence, and fight to achieve the best possible outcome for you.
• Minimizing the Impact: We understand that a domestic violence charge can have far-reaching consequences beyond the courtroom. We work tirelessly to minimize the impact on your family, your reputation, and your future.

If you or someone you know is facing domestic violence charges in Dallas, don’t hesitate to reach out to M|C Criminal Law. We are here to answer your questions and provide the support you need during this challenging time.

Remember: A domestic violence charge is not the end of your story. With the right legal representation, you can protect your rights, your freedom, and your future. Contact M|C Criminal Law today and let us help you navigate this difficult journey.