The Texas Council of Family Violence reports that 1-in-3 residents will be victims of domestic violence at some time in their lives. As a domestic violence attorney in Cypress, Texas with 15+ years of experience, Nathaniel Pitoniak has consistently offered legal counsel to people who have been falsely accused of domestic violence.
We know how scary it is to be accused of assault against a family member because you’re facing:
- Arrest because law enforcement makes rash judgments without all of the facts
- Public opinion, which will not be in your favor
If this is your first time being charged with domestic violence, you’ll be facing a Class A misdemeanor, up to one year in jail and fines of up to $4,000. Subsequent offenses or those with a prior record may be facing more severe consequences.
Continuous or subsequent violent acts will result in felony charges.
The charges against you are serious and may have lifelong consequences. If you have children, custody and visitation rights may be impacted. Owning a firearm, obtaining a loan or even employment are at risk.
Contact us or call 832-315-6283 immediately to speak to an attorney about your case.
How Does the Legal Process for Domestic Violence Defense Cases Work?
Domestic violence falls under the “Family Code” section 71.004. If violence occurs against a family member or someone that you’re dating, you may be charged with family violence.
Assault, sexual assault, child abuse and even threats can be considered family violence.
After the police are called, you will have a right to remain silent and contact a lawyer. We’re here to represent you as a domestic violence attorney in Cypress who is known for getting their clients results.
You can expect the following:
- Complaint: The initial complaint that leads to potential arrest.
- Evaluation: The victim may be examined to look for signs of the abuse. A medical exam may be required.
- Interviews: Any witnesses will be interviewed to corroborate the story.
- Arraignment: You’ll be taken in front of a judge and your rights will be read to you. You’ll formally hear the charges against you.
Following the arraignment, your attorney will fight on your behalf for the best possible outcome in your case. Your options will be explained to you.
Trial is the next step if charges are not dismissed or an agreement is not made.
The Penalties of a Domestic Violence Conviction
Domestic violence crimes have severe consequences. The more serious and violent the crime, the greater the penalties.
If convicted, you could be looking at the following penalties:
- Domestic Assault: Can be a misdemeanor or a felony, depending on the circumstances of the incident. A misdemeanor may be punishable by up to a year in jail and fines of $500-$4,000. A felony is punishable by 2-10 years in prison and fines up to $10,000.
- Aggravated Domestic Assault: Can be charged as a second-degree or third-degree felony. A first-degree felony is punishable by 5+ years in prison and a fine of up to $10,000. Life in prison is possible if the incident results in serious injury and involves a deadly weapon. A second-degree felony is punishable by 2-20 years in prison and fines up to $10,000.
- Continuous Violence Against the Family: A third-degree felony is punishable by 2-10 years in prison and a fine of up to $10,000. You may be charged with this crime if you have 2+ domestic assault arrests or convictions within 12 months.
Along with potential jail time and fines, domestic violence convictions have additional, long-term consequences.
- A conviction will be on your criminal record for the rest of your life.
- Your occupational license may be suspended or revoked.
- It may be more difficult to find employment
If you are facing domestic violence charges, it is crucial to work with an experienced attorney to understand your rights and options.
Should I Speak to Law Enforcement Without a Domestic Violence Defense Attorney Present?
If you have been arrested or believe you may be arrested for a domestic violence charge soon, you may be asked to answer law enforcement’s questions.
It’s important to remember a few things:
- If you’re not under arrest or in police custody, you are free to walk away from interactions with the police.
- If you are in custody, you have the right to remain silent and to have your attorney present during questioning.
It’s in your best interest to avoid speaking to law enforcement until your domestic violence attorney in Cypress is present.
When you speak with law enforcement, anything you say can be used against you. Even if you think you’re simply telling your side of the story, your statements may be incriminating. An attorney will advise you on how to respond, and whether you should stop answering questions and exercise your right to remain silent.
What Factors Should I Consider When Evaluating Potential Defense Strategies?
An experienced criminal defense attorney will have the knowledge and skill to identify which defense strategies may be viable in your case.
There are several factors to consider when evaluating these strategies:
- The physical evidence and provable facts
- Witness testimonies and their credibility
- Law enforcement errors and credibility
- Expert testimony and reports
- The charges and the elements that must be proven
- The prosecutor’s and judge’s history
- Judicial precedent
Depending on the circumstances of the case, there may be several viable defenses against the charges you face.
- False allegations: You may be entirely innocent of the charges, and the accuser has lied. In this case, your attorney will look for motivation for making false allegations and may call on character witnesses to demonstrate that you have no history of violence.
- Self-defense: You may have been acting to protect yourself from further harm. There may have been physical contact between you and the accuser, but that doesn’t necessarily mean that you’re guilty.
- Witness testimony: If other people witnessed the incident, they could corroborate your version of events and confirm that you were not the aggressor.
Your attorney will consider all of the facts and evidence to determine the best defense strategies to use in your case.
How The Law Office of Nathaniel Pitoniak Can Help
Domestic violence charges are serious. You could be facing jail time, significant fines and other penalties. The sooner you hire an attorney, the better.
Nathaniel Pitoniak is a former Chief Prosecutor with the Harris County District Attorney’s Office and Felony Prosecutor who understands the Texas legal system inside and out. For more than 15 years, he has been fighting to protect his clients’ rights and help them achieve the best possible outcomes in their cases.
Contact our office today to schedule a consultation with a domestic violence attorney in Cypress.
