Aggravated Domestic Assault

Aggravated Domestic Assault

In Texas, offenses involving domestic assault are taken extremely seriously. Unfortunately, crimes such as aggravated domestic assault carry a wide range of penalties including fines and prison sentences. A person convicted of this offense can also face collateral consequences such as difficulty obtaining employment, being admitted into college, or renting an apartment.

Austin judges will prosecute felony cases in a harsh matter, which makes choosing a criminal defense lawyer one of the most important decisions you will ever make. Whether you have been arrested for a crime or are simply being investigated, your future is at stake. This is why t’s imperative to consult an experienced criminal defense lawyer as soon as possible.

Travis County Aggravated Domestic Assault Attorney, TX

Allegations of sexually motivated crimes can cause embarrassment and uncertainty. If you are under investigation for or have already been charged with continuous violence against your family, you should absolutely be sure that you have skilled legal counsel capable of clearing your good name. Jackson F. Gorski at The Law Office of Jackson F. Gorski has years of experience in criminal law and will ensure no stone is left unturned with your defense.

The Law Office of Jackson F. Gorski accepts clients in the State of Texas including Austin, Anderson Mill, Pflugerville, Cedar Park, Kyle, Leander, New Braunfels, San Marcos, Taylor, and Georgetown, TX. Time is of the essence. Call 512-960-4646 to schedule a free consultation today to discuss all your legal options with Mr. Gorski.

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Information Center

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Domestic Assault in Texas

Texas has multiple assault offenses. There is simple assault, aggravated assault, and aggravated domestic assault. It is imperative that an individual understands how aggravated domestic assault differs from other assaultive crimes. Understanding this distinction is important because each assaultive offense comes with separate penalties and incarceration lengths.

Texas §22.02(b)(1) states that the individual commits aggravated assault when they use a deadly weapon to commit assault and cause serious bodily injury to someone they’re dating. But what is a deadly weapon? According to Texas Penal Code §1.07(17), a “deadly weapon” is a firearm, anything made or adapted to cause serious bodily injury, or anything capable of causing death or serious bodily injury when the individual uses it in its intended manner or a deadly manner. Considering how the law defines a “deadly weapon,” a pen can become a deadly weapon if the individual uses it in a way that will inflict severe injuries on the individual’s partner.

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Aggravated Domestic Assault Penalties in TX

Texas courts take domestic violence cases seriously. Simple assault is a Class A misdemeanor. However, as its name suggests, an aggravated domestic assault charge is far more severe. It is a 1st-degree felony. If a jury finds the individual guilty of this crime, they are at risk of a mandatory minimum of five years in state prison. Yet, a judge has the discretion to sentence the individual to ninety-nine years or life behind bars. But the individual will face other severe penalties besides incarceration and fines. The most common penalties post-conviction are:

  • Loss of employment
  • Loss of or reduction of child custody
  • Loss of voting rights
  • Inability to own and possess guns
  • Inability to enroll in a certain career or educational program

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Defenses for Aggravated Domestic Violence Cases

Do not worry. There are viable defenses to all crimes, including this one. It is always in the individual’s best interest to speak with a knowledgeable defense lawyer about their case. Still, we will provide a list of common defenses for an aggravated domestic assault charge. They include, but are not limited to:

  • False accusation
  • Insufficient evidence
  • Lack of deadly weapon (which will reduce the charge and penalties)

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Additional Resources

Family Violence Program – The Texas Health and Human Services website provides a 24-hour safety number, a detailed description of family violence, legal services, and a list of shelters throughout Texas by city.

Is Your Anger Out Of Control? – The University of Texas at Austin Counseling and Mental Health Center’s website provides this article that may be helpful to anger management and prevention.

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Austin Aggravated Domestic Assault Lawyer, TX

If you were charged with continuous violence against the family, then contact experienced criminal defense lawyer Jackson F. Gorski at The Law Office of Jackson F. Gorski. Mr. Gorski is a skilled defense attorney in Austin who will work tirelessly to help you achieve the most favorable possible outcome for your case.

You can have him review your case over a free consultation and discuss all of your legal options when you call The Law Office of Jackson F. Gorski at 512-960-4646. The Law Office of Jackson F. Gorski serves clients in Travis County, TX, and surrounding areas including Williamson County, Bell County, Hays County, Caldwell County, Bastrop County, and Milam County.

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