Strategies to Fight Domestic Violence Charges

When you’re facing prosecution for a domestic violence offense in Brazoria County, you might feel as if your back is against the wall. However, it’s important to keep in mind that an arrest doesn’t imply guilt. This charge could be dismissed or even thrown out of court later on.

Police don’t always get it right.

With our experience and time-tested domestic violence defense strategies, there’s a high likelihood that we can set things right. Attorneys Tad Nelson & Amber Spurlock will give you the opportunity to assert your rights and secure the best possible outcome for your case.

If you or a loved one were arrested for assaulting a family member, contact our law offices for help.

Texas Law & Domestic Violence Offenses

Domestic violence is defined by the Texas Family Code Section 71.004. It encompasses acts between members of a family, household, or dating relationship.

If interactions result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the victim in fear of imminent physical harm, the law has been violated.

Domestic violence charges are serious, but even more so for individuals with a previous criminal history of the offense.

The penalties attached to a conviction can be severe. They range from a Class C misdemeanor for a threat of violence, to a first-degree felony for continuous violence against the family. This is defined under Texas Penal Code Section 25.11.

If you’re convicted of a felony in the State of Texas, it could mean years in prison. If you’re in this situation, give our law firm an opportunity to help you.

Your First Line of Defense

Your Rights As Guaranteed by The Constitution

One cornerstone of our justice system is the presumption of innocence. This concept is protected by the 5th and 14th Amendments of the US Constitution.

In layman’s terms, it means that despite the charges against you, in the eyes of the law, you’re innocent until proven guilty. This concept is a keystone to shaping our defensive strategies.

Challenge the Accusation

People Lie. Is it False?

Contrary to what some may believe, false accusations of domestic violence are not uncommon. These “lies” can stem from numerous motivations such as spite, divorce warfare, or to gain an upper hand in child custody disputes.

As per the Texas Code of Criminal Procedure Art. 38.03, the burden of proof lies with the prosecution. If we can find evidence to support that the allegation was fabricated, it can potentially lead to the dismissal of charges.

We Scrutinize Evidence

Is it Substantial?

Evidence is the bedrock of any legal case. If the case goes to trial, the validity of the evidence often decides the verdict.

However, not all evidence is created equal.

Law enforcement and the prosecution must adhere to certain standards when collecting, handling, preserving, and presenting evidence. According to Texas Code of Criminal Procedure Art. 38.23, if the evidence was obtained unlawfully, it could be deemed inadmissible in court.

This applies to situations where there’s a violation of your legal rights. An example of this kind of situation is when police conduct searches without a valid warrant. Another example is when officers engage in coercive interrogations.

For more information on this topic, learn more about your Miranda Rights.

Assess the So-Called Victim

Where You Acting in Self-Defense?

In some instances, the domestic violence incident may have been an act of self-defense. Texas law provides a legal basis for the use of force, including deadly force, to protect oneself against an attacker. This law is documented in Texas Penal Code Chapter 9.

The self defense strategy can be difficult for some Brazoria County law firms to effectively execute, but not us. If we can prove that you were acting in self-defense, you could be exonerated.

How Family Assaults are Prosecuted

Often, prosecutors rely on establishing patterns of behavior to substantiate domestic violence charges.

However, it’s important to remember that isolated incidents are not the same as consistent patterns. If the District Attorney’s Office tries this, we can challenge whether an established pattern indeed exists. If a pattern is found, we can challenge whether the alleged incidents fit within the scope of said pattern.