Domestic violence charges are taken very seriously in Houston and there is an entire Houston Police Department dedicated to these investigations. When accused of this type of crime, falsely or otherwise, one of the most important things you can do is to get a professional defense attorney to defend your case. This will ensure the best possible outcome.
Domestic violence is an area of law that is one of the most prone to false accusations. Every so often, spouses or partners are accused of violent acts by people who are after their own personal gains, especially during child custody or divorce cases. Most of the time when officers are called to a domestic violence scene, they are hasty to make the arrest without any investigations, which usually leads to a few mistakes. In such a case, a professional defense attorney would be vital in proving the false accusations.
Domestic violence charges and convictions can change your life drastically and impact different facets of life that include job opportunities, licensing and access to the children if you have any. In addition to that, the stigma of such a case will likely follow you for the rest of your life, which can be undeserving if accused falsely.
What to do if you are falsely accused of domestic violence in Houston TX
The most common misconception about such a case is that the loved one will drop the charges against an offender. This will not happen. As a matter of fact, in Houston TX, a victim of the crime usually has no power whatsoever to drop or dismiss the charges. Only the district attorney can do this and even if you think that a prosecutor will not pursue aggravated or false claims, most of the time they do.
If accused of the crime, take it very seriously albeit false because even if you do talk to the accuser to take back what they said, they will not be able to save you. In this case, the best thing to do is contact a competent defense attorney as soon as possible.
The defenses used in domestic violence cases
There are different defense strategies your attorney could choose to use depending on your case. The circumstances that could determine the outcome of the case include the relationship between you and the accuser, the nature of the offense, any past violence incidences and your criminal history. Some of the possible and basic defenses include:
· Self-defense – According to the law, you would be justified to defend yourself using force against said party in order to protect yourself. However, this would not apply if the attack was a verbal provocation.
· Actual innocence – The defense attorney can attack the credibility of the accuser in order to prove that you were actually innocent.
· Defending third person – If your intervention was absolutely necessary to protect another person from harm.
For a great defense and a good outcome, you need, to be honest with the attorney about everything that happened.
· Fines – Depending on whether the charges are misdemeanor or felony, you could pay a fine of up to $10,000 and other possible fees, restitution and court costs.
· Incarceration – A conviction could be anything from 1 year in prison or up to 10 years in prison if you have a history of violence. If there was aggravated assault that led to serious injuries then the term could be life imprisonment.
· Probation – You could live in the community but have stipulations and failure to this could lead to prison time for the rest of the term.
· Counseling – You could be required to get anger management and other counseling services. You could also be required to provide counseling for the victim.