Can a Jury Convict Me If Domestic Violence Even If the Accuser Recants?

September 12th, 2019 by Tad Nelson in Domestic Violence

Domestic violence is a serious matter under Texas law. In some cases it can lead to felony charges and put a defendant in jail for well over a decade. So it is critical that every piece of evidence is carefully considered by the jury before it reaches a verdict. Appeals Court: Jury Allowed to Disbelieve […]

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Can I Be Convicted of Misdemeanor Assault Even if Nobody Identifies Me in Court?

July 23rd, 2018 by Tad Nelson in Misdemeanor Crimes

A common element of misdemeanor crimes in Texas is identification. In other words, if prosecutors charge you with a misdemeanor like assault, they must somehow identify you as the assailant. And even when there is no direct evidence identifying you–such as an eyewitness statement or videotape–you can still be identified and convicted based on circumstantial […]

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What Are the Penalties in Texas for Multiple Acts of Domestic Violence?

January 9th, 2018 by Tad Nelson in Domestic Violence

Domestic violence allegations can lead to serious jail time in Texas, particularly if prosecutors can prove you committed two or more assaults against a family member or dating partner over a 12-month period. Such behavior is classified as “continuous violence against the family” in the Texas Penal Code, a third-degree felony punishable by up to […]

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Who Qualifies as a Victim Under Texas Domestic Violence Laws?

July 12th, 2017 by Tad Nelson in Criminal Defense

Texas treats crimes involving domestic violence more harshly than similar acts against other types of victims. For example, under Section 22.01 of the Texas Penal Code, an assault that causes bodily injury is normally prosecuted as a Class A misdemeanor. But if the victim is a member of the victim’s family or household–or the defendant […]

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Do Past Instances of Family Violence Enough to Justify a Protective Order?

June 19th, 2017 by Tad Nelson in Family Law

A protective order is designed to protect Houston-area residents from the threat of family violence, which under Texas law includes any act intended to cause “physical harm, bodily injury, assault, or sexual assault” against a family or household member. Family violence also applies to people who are in, or have been in, a dating relationship. […]

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The Difficulty of Defending Against a Domestic Violence Charge

June 6th, 2017 by Tad Nelson in Criminal Defense

Texas treats domestic violence more harshly than other types of violent crime. For example, assault is normally prosecuted as a Class C misdemeanor under the Texas Penal Code. But assault can be elevated to a third-degree felony if the defendant and the alleged victim are family or in a “dating relationship,” and the prosecution can […]

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What Are the Criminal Penalties for Domestic Violence in Texas?

April 4th, 2017 by Tad Nelson in Family Law

Domestic violence–or what is called “family violence” in the Texas Penal Code–refers to “an act by a member of a family or household that is intended to result in physical harm.” Family violence does not just extend to blood relatives or people living with you; it also applies to partners in a “dating relationship.” How […]

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