Do you have the right to get Domestic Violence Charges dropped in Texas?
If you were charged with domestic violence, you may want to know if you can have the charges against you dropped. It is important to understand that the decision to pursue or drop charges lies with the prosecutor’s office, not with the alleged victim or reporting party. For instance, say the person who filed the complaint against you in the first place rescinds on his or her statement, or you are not a repeat offender and have a clean record. In many civil cases, that would be enough to let you off the hook, right? However, private individuals cannot ‘drop charges’ themselves; only the prosecutor’s office has that authority. Unfortunately, domestic violence is a criminal offense, not a civil violation, and the Texas courts treat it as such. A key point in these cases is that, once a report is made, control shifts from the alleged victim to law enforcement and the prosecutor’s office. If you were charged with domestic violence, you are guilty until proven innocent, end of story. Once charges are made, it is up to you to show that you are innocent.
Domestic violence charges can have serious consequences on your life, and a conviction can result in fines, jail time, and long-term effects. Many jurisdictions, including Texas, have ‘no-drop’ policies for domestic violence cases, meaning prosecutors may pursue charges even if the alleged victim wants to drop them. If you were charged with domestic violence in Texas, you cannot have the charges against you dropped, but, with the help of the Houston domestic violence attorneys at the Law Offices of Tad Nelson & Associates on your side, you may be able to beat them.
What Constitutes Harmful or Offensive Contact as Domestic Violence in Texas?
Domestic violence, or “Assault Family Violence” as it is referred to as in Texas, refers to the violence between family, households, or people in a dating relationship. Under the Texas criminal code, assault is defined as the intentional act of causing bodily harm, threatening another with imminent bodily harm, or engaging in harmful or offensive contact. Just because the term “family” is used to describe the crime does not mean that the parties of the assault have to be blood-related. Roommates, adopted children, foster children, adopted parents, significant others, etc. can all be the victims and guilty parties of domestic violence. The term is meant to purposefully be broad.
Under the common law definition and Texas law, assault is generally considered an intentional act involving the use or threat of unlawful force that causes bodily harm or creates reasonable fear of harm. To constitute assault, most jurisdictions require intent, apprehension, immediacy, and reasonableness. Assault can include not only physical acts but also threats that create reasonable fear of imminent harm, even if no physical contact occurs. Harmful or offensive contact, as well as the potential for bodily harm, are key elements in these cases.
Sexual assault is a related but distinct offense, defined as non-consensual sexual acts involving force, coercion, or abuse of authority.
Classes of Domestic Violence
In Texas, penalties for domestic violence range from a Class C misdemeanor to a first-degree felony. For instance, a person who threatens a family member, household member, or significant other may be guilty of a Class C misdemeanor, which carries a punishment of zero jail time and a small fine of up to $500. Simple assault, which involves minor harm or fear without a weapon and does not result in serious bodily injury, is usually classified as a misdemeanor. Penalties for simple assault can include fines, probation, community service, and up to one year in jail. The average first-time AFV offender gets a Class A misdemeanor, which carries a one-year jail sentence and a fine of up to $4,000.
However, a repeat offender who committed actual violence (as opposed to threats), and who attempted to strangle the victim, faces third degree felony charges, which carry a punishment of between 2 and ten years and up to a $10,000 fine. Aggravated assault is generally described as an intentional act that causes another person to fear imminent physical harm or injury, often involving a deadly weapon, such as a gun or knife, and may result in serious bodily injury. If you are a first-time offender and strangulation is involved, you may still be charged and convicted of a third-degree felony.
Understanding the Criminal Justice Process
Navigating the formidable battlefield of Texas criminal justice can feel like facing an insurmountable storm, especially if you are confronting criminal charges for the first time. Understanding each critical stage of this complex process—and how a relentless, experienced criminal defense attorney can serve as your unwavering shield—can make the difference between devastation and triumph in your case.
The process typically begins with an investigation, where law enforcement aggressively gathers evidence related to the initial incident. During this pivotal stage, it is absolutely crucial to have a fierce defense attorney by your side, serving as an impenetrable barrier to ensure your fundamental rights are protected and that any evidence collected follows the strictest legal standards. If the prosecution fails to present rock-solid evidence, your formidable criminal defense lawyer can launch a devastating attack, arguing for the charges to be completely dropped or dismissed before the case even reaches the courtroom battlefield.
Once formal charges are filed, the case moves into the intense arena of court proceedings. Here, the prosecution must prove your guilt beyond a reasonable doubt—a mountain they must climb while your defense attorney systematically dismantles their case piece by piece. Your legal champion will aggressively challenge the prosecution’s evidence, relentlessly question witnesses, and tirelessly work to expose every crack and weakness in the prosecution’s foundation. In cases involving violent crime, such as aggravated assault or allegations of serious harm, the prosecution must demonstrate that you intentionally caused physical injury or created a reasonable apprehension of harm. Your skilled lawyer may deploy powerful strategies, including self-defense arguments, insufficient evidence claims, or other compelling mitigating factors, to help you achieve the most favorable outcome possible.
For some individuals, especially those with pristine criminal histories or facing minor offenses, diversion programs may present a golden opportunity for redemption. These remarkable programs can allow you to completely avoid a criminal record by fulfilling requirements such as community service, counseling, or educational courses. An experienced, dedicated criminal defense attorney can expertly determine if you qualify for such programs and guide you through every step of this complex legal maze with unwavering precision.
It’s essential to understand that while the alleged victim’s wishes carry weight, the prosecutor wields the ultimate power to pursue charges based on the severity of the offense, your criminal history, and the strength of their evidence. Even if the reporting party adamantly refuses to press charges, the prosecutor’s office may still charge forward like a relentless force if they believe there is sufficient evidence to prove guilt beyond any reasonable doubt.
Facing criminal charges can unleash devastating consequences, including a permanent criminal record that follows you like a shadow, crushing loss of employment opportunities, and irreparable damage to your hard-earned reputation. That’s precisely why it’s absolutely essential to secure legal counsel from a skilled, battle-tested criminal defense lawyer who understands every intricate complexity of the legal system and can provide the aggressive, personalized representation you desperately need. Every case presents unique challenges, and only a qualified, experienced attorney can offer strategic advice perfectly tailored to your specific situation and circumstances.
Remember, the information provided here does not constitute legal advice. If you are facing criminal charges in Texas, contact the Law Offices of Tad Nelson & Associates for a free consultation. Our dedicated team fights tirelessly to protect your rights and help you navigate the treacherous waters of the criminal justice system for the best possible outcome.
Can the Charges be Dropped Due to Insufficient Evidence?
In Texas, only the prosecutor—not the victim—has the authority to drop charges, dismiss charges, or have criminal charges dropped in an assault or domestic violence case. Once criminal charges are filed, the decision to pursue or dismiss charges rests solely with the prosecution. Prosecutors have the discretion to dismiss charges if there is insufficient evidence to support the prosecution’s case, or if key witnesses become unavailable. Early intervention by a criminal defense attorney can significantly increase the chances of getting criminal charges dropped, as your attorney can gather evidence, challenge the prosecution’s case, and negotiate with the prosecution before your court date.
A skilled defense attorney from a law office can file motions to dismiss based on constitutional violations, evidentiary issues, or procedural errors—such as violations of the defendant’s rights during arrest or interrogation—which may result in the dismissal of charges. Additionally, mitigating circumstances, such as self-defense or mental incapacity, can support dropping or reducing charges before a court date. Charges can also be dropped through negotiations with the prosecution or by filing a motion to dismiss, especially if new evidence emerges that weakens the prosecution’s case or undermines the credibility of the prosecution’s evidence regarding the defendant’s act.
It’s important to understand that plea bargains are different from having charges dropped; plea bargains involve pleading guilty to lesser charges, while dropped charges result in no conviction and have less long-term impact. Because every criminal case is unique, consulting a law office for legal representation is crucial. The attorney-client relationship ensures your rights are protected and that you receive advice tailored to your situation. Even if the victim signs an “Affidavit of Non-Prosecution,” the state may still press charges. Still, without the victim’s testimony, the prosecution may have a difficult time getting a conviction.
Why You Need to Retain the Help of an Experienced Criminal Defense Attorney for League City Domestic Violence Cases
Though the victim may not want to press charges, the prosecution may have evidence in the form of medical records, witness testimonies (outside of the victim), police records, and more. If you were charged with domestic violence, a skilled Houston domestic violence attorney can fight on your behalf to reduce the charges or have them dropped entirely. You do not want a domestic assault conviction on your record. Keep your record clean and reach out to the Galveston domestic violence attorneys at the Law Offices of Tad Nelson & Associates today. Call [(281) 918-7831](tel:(281) 918-7831).