Aggravated Domestic Assault
Aggravated domestic assault or, as it is termed in Texas Law, aggravated domestic violence is a very serious criminal charge. If a person is charged with this domestic violence offense and is found guilty, they may face up to 20 years in jail and a fine of up to $10,000. In addition, the victim may claim compensation through a civil lawsuit.
You can find all the definitions related to this crime on the Texas Legislature’s website, but interpreting what is meant may be difficult for the average person. We will therefore explain the factors that distinguish domestic assault from aggravated domestic assault so that you can better understand the charge.
Factors That Lead to Aggravated Domestic Assault Charges
Domestic assault is a violent act or threat of violence against a family member, person with who has a child with the defendant, or a person with whom they are in a dating relationship. A charge of aggravated domestic assault means that a person is accused of a more serious crime because of factors like:
- Using a potentially deadly weapon
- Inflicting serious injury on the victim
- Violating protective or restraining orders at the time of a violent act
- Repeatedly engaging in domestic violence so that the charge is escalated
As you can see from above, these circumstances make the domestic assault worse than the average case, hence the term “aggravated.”
The Impact of An Aggravated Domestic Assault Conviction on Your Future
Being found guilty of Aggravated Domestic Assault results in a permanent criminal record for a very serious crime. Future impacts, long after a person has served their sentence include:
Struggling to Get a Job or Rent a Home
Prospective employers and landlords can access criminal records and the presence of a serious violent crime will make them reluctant to hire a person or offer them a rental home. They may also be banned from practicing certain professions such as law enforcement and healthcare.
Firearm Prohibition
They will not be allowed to possess a firearm anywhere in the USA. People with a record of Aggravated Domestic Assault are banned from possessing a firearm and may be called on to surrender any firearms they already own.
Access to Your Children
Courts will see a record of Aggravated Domestic Violence as a risk to your children. They may therefore decide that a person with this history cannot have custody of any children, and they may not be allowed to visit them.
Defending a Case of Aggravated Domestic Assault
Depending on the circumstances under which it occurred, there are valid defenses against a charge of aggravated domestic assault. There may also be mitigating factors that, when taken into account, could lead to conviction under a less serious category.
We would advise anybody who is facing such a serious charge to get an experienced criminal defense attorney to represent them. If you or someone you know are facing an aggravated domestic violence charge in Houston, contact the Law Office of David A. Breston. Our experienced criminal defense lawyers will offer you the benefit of an experienced attorney to represent you. Fill out our secured contact form or call us at (713) 224-4040 to request your confidential consultation today.