Allegations of domestic violence are bad enough, but a conviction for a crime of domestic violence in McKinney, Texas, can change your life forever. When your future is on the line, you need a McKinney domestic violence lawyer who’s going to take your case seriously. Call Chiles McGuire Criminal Law at (214) 432-6540 to schedule a confidential case evaluation.
We provide high-quality, individualized legal representation that gives each client the best opportunity to beat the charges they’re facing and achieve the best possible outcomes in their criminal cases. Our tenacity and refusal to back down when things get tough have allowed us to build a proven track record of success.
Why Choose Chiles McGuire Criminal Law to Defend You Against Domestic Violence Charges in McKinney, TX
If you’ve been accused of domestic violence, choosing the right defense attorney can make all the difference. At Chiles McGuire Criminal Law, our McKinney domestic violence attorneys provide strategic, personalized representation for clients facing serious criminal charges. By intentionally limiting our caseload, we devote the time and attention each case deserves.
Our team conducts a thorough investigation into every aspect of your case. We carefully examine the evidence, identify weaknesses in the prosecution’s arguments, scrutinize witness statements, consult with qualified experts when necessary, and prepare every case as though it will go to trial. This proactive approach allows us to build the strongest defense possible.
Contact us today to schedule a confidential case evaluation with an experienced McKinney criminal defense lawyer and discuss your domestic violence case.
Understanding Domestic Violence Charges in Texas
In Texas, domestic violence is known as family violence. It’s not a single crime but rather a category of offenses in which the victim is a family member or intimate partner.
Family violence, as defined in Texas Family Code Chapter 71.004, includes:
- Acts against family or household members that cause bodily harm
- Threats of violence, bodily harm, or sexual abuse against a family member
- Child abuse
- Dating violence
Crimes of domestic violence in Texas include:
Dating Violence
Under Texas Family Code Chapter 71.0021, dating violence is defined as an act that is committed against someone “who has had or has a dating relationship” with the perpetrator with the intent to cause bodily harm or offensive sexual contact. Whether or not a “dating relationship” exists depends on the nature of the relationship, its length, and the frequency with which the parties interacted.
Domestic Assault
Domestic assault, as charged under Texas Penal Code Section 22.01, involves intentionally, knowingly, or recklessly threatening to cause or actually causing bodily injury or offensive contact against a family or household member.
Aggravated Domestic Assault
Aggravated domestic assault is assault intended to cause serious bodily injury to a household or family member, or a domestic assault committed with or while wielding a deadly weapon. The weapon does not actually have to be used to cause harm. Making threats of harm with a weapon is enough to warrant charges for aggravated domestic assault.
Continuous Violence Against the Family
A person can face charges for continuous violence against the family if, within a 12-month period, they commit two or more acts of domestic assault against a household or family member.
Sexual Assault
Sexual assault is an act of domestic violence when it’s committed against a family member or dating partner. Sexual assault can be defined as a non-consensual sexual act, including penetration of a sexual organ, mouth, or anus.
What Are the Penalties For Domestic Violence in Texas?
The penalties for domestic violence in Texas depend on the facts of your case. Factors that can affect the charges and potential sentence include:
- The type of offense alleged
- The relationship between the parties
- The victim’s age
- Whether a weapon was involved
- The extent of any injuries
- Your prior criminal history
Less serious first-time offenses may be charged as misdemeanors, while cases involving serious injuries, weapons, repeat offenses, or certain victims may result in felony charges and much harsher penalties.
A conviction can lead to:
- Jail or prison time
- Fines
- Probation
- Community service
- Mandatory counseling
- Protective or restraining orders
In addition to criminal penalties, a domestic violence conviction can have lasting consequences, including the loss of child custody or visitation rights, employment opportunities, professional licenses, firearm rights, and immigration status. It can also damage your reputation and may affect related family law or civil cases.
If you’re facing domestic violence charges, Chiles McGuire Criminal Law is prepared to build a strong defense and fight to protect your rights, your future, and your reputation.
What Defenses Can Be Raised If I’m Accused of Domestic Violence in McKinney?
Just because you’ve been accused of an act of domestic violence does not mean that your future is over. You have every right to push back and defend yourself.
In our experience, some of the best defenses to domestic violence charges in McKinney, TX, include:
Violations of Your Civil Rights
If you were the victim of an unlawful arrest or an illegal search and seizure, that can be used to fight back against family violence criminal charges. Our domestic violence attorneys in McKinney will determine if the state is relying on evidence that was obtained illegally and, if so, file a motion to have the evidence excluded or the charges dismissed.
Without strong evidence to support the charges, the prosecution may have no choice but to negotiate a more favorable plea or drop the case entirely.
Chain of Custody Issues
Evidence in a domestic violence case must be handled carefully. Anytime evidence changes hands, it has to be documented. Sometimes, the state makes critical errors when transferring evidence between the police, the prosecution, and labs, and those mistakes can be used to get the evidence thrown out of your case.
False Accusations
Domestic violence cases can be challenging because of the close relationship between the victim and the accused. Not all accusations of domestic violence are accurate or true. It’s important to review witness and victim statements carefully to find details that don’t match up or indicate the allegations of abuse might be fabricated.
What Should You Do After a Domestic Violence Arrest in McKinney?
The actions you take after a domestic violence arrest can have a significant impact on your case. Even if you believe the allegations are false or the situation was simply a misunderstanding, it’s important to take the charges seriously.
If you’ve been arrested for domestic violence, you should:
- Remain calm and avoid discussing your case with anyone except your attorney.
- Do not contact the alleged victim if a protective order or bond condition prohibits communication.
- Exercise your right to remain silent when speaking with law enforcement.
- Preserve any text messages, emails, photos, videos, or other evidence that may support your defense.
- Contact an experienced McKinney domestic violence lawyer as soon as possible.
Early legal representation can make a meaningful difference. An attorney can protect your rights during questioning, evaluate the evidence, identify weaknesses in the prosecution’s case, and begin building a defense before critical evidence is lost.
Schedule a Free Case Evaluation With Our McKinney Domestic Violence Lawyers
You have the right to hire a McKinney domestic violence attorney to help you fight for your future. Chiles McGuire Criminal Law is the team you’ll want standing beside you when you’re faced with considerable time behind bars, steep fines, social repercussions, and the potential loss of your friends and family.
We’re aggressive criminal defense attorneys in McKinney who won’t rest until we’ve exhausted every possible option to help you minimize the potential impact of the family violence allegations against you. Contact us today for a free consultation.
