Highlights
Domestic Violence – Texas Law
A prosecutor in Texas has two years to pursue misdemeanor domestic violence charges and three years to file felony charges. In extreme situations, a prosecutor may attempt to classify domestic violence as sexual assault, in which case the prosecution may press charges at any point within ten years after the last incidence of an assault.
Domestic violence charges may be filed in your case if you report the incident within two (2) years of its occurrence. The prosecutor can then investigate the report to determine if misdemeanor or criminal charges should be filed.
Misdemeanor Domestic Violence vs Felony Domestic Violence
The line between misdemeanor and felony domestic violence is hazy. Before deciding on felony or misdemeanor charges, a prosecutor will consider all of the circumstances in a domestic violence report, including whether additional domestic violence reports have been filed against the alleged perpetrator and the amount and severity of the victim’s injuries, if any.
If you are facing domestic violence accusations in Texas, advocating that the charges be reduced from felony to misdemeanor status is crucial to avoiding future troubles under the Texas “three strikes” legislation. This law was passed in order to keep persistent offenders in prison. One of the three strikes will be a felony domestic violence conviction.
Statute of Limitations on Domestic Violence
The impact of delayed reporting on domestic violence accusations
Prosecutors and the legal system in general are sympathetic to victims of domestic violence. Nonetheless, delayed reports frequently garner extra attention as prosecutors develop ideas as to why the charges were not filed sooner. Delays can also be used as a defense, and a qualified and experienced criminal defense attorney will look into the reasons for any delays between when the claimed offense occurred and when it was reported to police authorities.
Domestic Violence Charges Defense
Even if a victim does not want a Texas prosecution to pursue domestic or family violence charges, the prosecutor has the option to do so. The victim’s decision not to “file charges” is merely one of several factors considered by a prosecutor.
Lesser Charges, Lack of Evidence, Self-Defense
If a prosecution decides to pursue a domestic violence case, the defendant’s attorney will frequently initially try to negotiate for lesser charges if the evidence is poor. In the absence of a charge reduction, a domestic violence defense attorney can pursue different hypotheses, such as providing opposing eyewitness testimony or arguing for self-defense.
Texas Domestic Violence Criminal Defense Attorneys
Domestic violence convictions in Texas, whether on misdemeanor or felony counts, can have substantial and long-term implications for the defendant. If you have been charged with domestic violence of any kind, please contact a defense attorney for professional and skilled defense services.
