What Are Some Things To Consider In A Domestic Violence Case?
What Mistakes Do People Make During The Investigation, Arrest, Or Post-arrest That Could Potentially Hurt Their Case?
The biggest mistake people make when they have been accused of domestic violence, is they want to explain. Everybody wants to tell their side of the facts and they look at law enforcement as being this neutral arbitrator. The police are not necessarily there to help. They are there to do their investigation.
When you begin to answer their questions, you’re giving them information to make their case. If for example, a party says that you assaulted them at a certain place and at this time. The truth is, you may not have assaulted this person but you would end up telling police you were at that certain place at that same time and you would be telling the truth. At that point then, they have everything they need short of the actual assault of conduct, so it will make the story of the accuser seem even more believable at that point.
What Are The Penalties If You Are Convicted Or Plead To The Charge Of Domestic Violence In Texas?
A Class C Misdemeanor offense of simple assault is punishable by a fine only up to $500. A Class A Misdemeanor involving bodily injury is punishable up to one year in your local county jail, and you’re looking at the possibility of $4,000 fine. If you’re placed on supervision, which is also called Probation, you will have an incredible amount of work to do. They are going to require counseling and a batterers’ intervention course, also called a BIP course which is 32 weeks.
On a second domestic violence charge under a class A Misdemeanor, you are looking at the felony offense. If you are convicted, you are facing two to ten years in prison or supervision up to 10 years, up to a $10,000 fine and the same arduous programs if you’re on supervision.
Any time you are involved with supervision or the court, there is an enormous amount of money you will pay in court costs, probation fees and fines. These things will add up and can definitely hurt someone financially to the point where it could cause you to lose your home, job, car, savings, etc.
Can The Prosecution Introduce Evidence Of A Defendant’s Past Domestic Violence History? How Much Would That Play In A Case?
A person’s past history involving domestic violence is really is one of the most important factors in a case. Law enforcement will have done their investigation and sent their reports to the prosecutor.
The prosecutors are going to look at the manner of the domestic violence charge and they are also going to look at this person’s past history and whether they were accused of or have been found guilty of this before. All of these factors will be considered when deciding if they will in fact charge the accused as well as whether or not they will offer this person the ability to get probation without a trial or to get out of jail quickly on a lower agreed bond. So these things are very important.
If the judge or jury is deciding the punishment, they want to know if this has happened before, so they can make the appropriate punishment determination.
So, if you have a past domestic violence, it’s going to come into play here and it’s going to be used against you.
If you are not sure What Things To Take Care Of In A Domestic Violence Charge, call the law office of Bobby Dale Barina for a free initial consultation at (254) 699-3755 and get the information and legal answers you’re seeking.
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