Austin Domestic Violence Lawyer

If you’re facing accusations of domestic violence in Austin, Texas, you’re likely worried about the legal consequences as well as the stigma surrounding such crimes.

Although law enforcement in Texas takes domestic violence allegations seriously, you have rights and deserve a chance to tell your side of the story. You need an experienced Austin domestic violence lawyer to mount an effective defense for you and fight to help you get the best possible results.

Criminal defense attorney Lance Kennedy understands what you’re going through. Whether you’ve been falsely accused or made a mistake in the heat of the moment, Lance is here to listen without judgment and work tenaciously to preserve your freedom and liberties.

Take advantage of Lance’s extensive knowledge and experience to improve your odds of obtaining a favorable outcome. Contact Lance Kennedy Law today for a free consultation and take the first step toward protecting your rights and future.

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Table of Contents

• Understanding Domestic Violence Charges in Texas
• What Scenarios Lead to Domestic Violence Charges in Austin?
• What Are the Potential Penalties of a Domestic Violence Conviction in Texas?
• What Are Some Common Defense Strategies for Domestic Violence?
• What Happens If I’m Accused of Domestic Violence in Austin? 
• Why Should I Choose Lance Kennedy to Defend Me?
• Frequently Asked Questions About Domestic Violence Charges in Austin
• Contact an Austin Domestic Violence Attorney Today

Understanding Domestic Violence Charges in Texas

In Texas, domestic violence is legally referred to as family violence or domestic assault.

The law defines these crimes as an act that one member of a family or household perpetrates against another member where they intend to cause physical harm, bodily injury, or sexual assault. This also includes threats that reasonably place the member in fear of imminent physical harm.

Types of Domestic Violence Charges

• Assault: This can range from causing bodily injury to merely threatening imminent bodily injury.
• Aggravated Assault: This involves causing serious bodily injury or using or exhibiting a deadly weapon during the assault.
• Continuous Violence Against the Family: This charge applies when there are two or more domestic assaults within a 12-month period.
• Stalking: Involves repeated behavior that puts someone in fear for their safety.
• Violation of Protective Orders: This occurs when someone knowingly violates the terms of a court-issued protective order.

Other offenses can result in domestic violence charges as well. Speak with an attorney right away if you’re under investigation or arrest for any type of family violence crime.

What Scenarios Lead to Domestic Violence Charges in Austin?

Domestic violence charges can arise from various situations, including:

• Arguments that escalate to physical confrontations
• Misunderstandings or false accusations during divorce or custody disputes
• Self-defense situations misconstrued by law enforcement
• Incidents fueled by alcohol or drug use
• Mental health crises that lead to threatening behavior
• Retaliation or revenge scenarios in troubled relationships

Remember, charges don’t make you guilty. Each case has unique circumstances, and Lance Kennedy is committed to understanding your situation to build the most effective defense strategy.

What Are the Potential Penalties of a Domestic Violence Conviction in Texas?

The consequences of a domestic violence conviction in Texas can be severe and far-reaching. They may include:

Prison Sentences

The length of imprisonment depends on the specific charge and your prior criminal history:

• Class A Misdemeanor Assault: Up to 1 year in county jail
• Third Degree Felony (such as assault with a previous conviction): 2-10 years in state prison
• Second Degree Felony (like aggravated assault with a deadly weapon): 2-20 years in state prison
• First Degree Felony (aggravated assault causing serious bodily injury): 5-99 years in state prison

Fines

Monetary penalties can be substantial:

• Class A Misdemeanor: Up to $4,000
• Felony charges: Up to $10,000

Other Possible Repercussions

Beyond fines and imprisonment, a conviction on domestic violence charges can result in other repercussions:

• Employment: Many employers conduct background checks, and a domestic violence conviction can severely limit job opportunities.
• Housing: Landlords may deny housing applications based on domestic violence convictions.
• Civil Liberties: You may lose your right to own or possess firearms.
• Personal Life: Convictions can affect child custody arrangements and damage personal relationships.
• Immigration Status: For non-citizens, a conviction could lead to deportation or denial of citizenship.
• Professional Licenses: Certain professional licenses may be revoked or denied.
• Protective Orders: The court may issue a protective order, limiting your movements and contacts.
• Counseling and Batterer Intervention Programs: The court may require you to participate in these programs.
• Travel Restrictions: Some countries may deny entry to individuals with domestic violence convictions.
• Social Stigma: The label of domestic abuser can have lasting social and personal consequences.

With all that’s at stake, you must have a skilled attorney like Lance Kennedy fighting for your rights and working to mitigate these potential consequences.

What Are Some Common Defense Strategies for Domestic Violence?

When defending against domestic violence charges, Lance Kennedy employs a range of strategies tailored to the specific circumstances of each case.

Depending on your case, these could include:

• Self-Defense: If you were protecting yourself or others from harm, Lance will gather evidence to show that your actions were reasonable and necessary.
• False Accusations: Unfortunately, domestic violence charges are sometimes fabricated, often in the context of divorce or custody disputes. Lance will work to expose any inconsistencies in the accuser’s story and present evidence of potential motives for false accusations.
• Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there’s insufficient evidence to support the charges, Lance will push for dismissal or acquittal.
• Violation of Constitutional Rights: If law enforcement violated your rights during the arrest or investigation, Lance may be able to have certain evidence suppressed or the case dismissed.
• Accident: In some cases, what appeared to be intentional violence was actually an accident. Lance will help gather and present evidence to support this defense.
• Mutual Combat: In situations where both parties willingly engaged in a physical altercation, Lance could potentially use this as a defense strategy.
• Mental Health Issues: In some cases, underlying mental health conditions may have contributed to the incident. Lance can work to have these factors considered in your defense.
• Challenging Witness Credibility: Lance will scrutinize witness testimonies and work to expose any inconsistencies or biases.

Since each case is unique, you may have other defense options. You can rely on Lance to explore every avenue to defend you or reduce the severity of your punishment.

What Happens If I’m Accused of Domestic Violence in Austin?

Being accused of domestic violence can be a frightening and confusing experience. Here’s how the process typically happens:

• Initial Report: Someone reports an incident to the police.
• Police Investigation: Law enforcement investigates the complaint, which may include interviewing parties involved and gathering evidence.
• Arrest: If the police have probable cause to believe domestic violence occurred, they may make an arrest. In domestic violence cases, police can arrest you even if the alleged victim doesn’t want to press charges.
• Emergency Protective Order: The court may issue an emergency protective order, requiring you to stay away from the alleged victim.
• Booking and Holding: If arrested, you’ll be booked into jail and may be held for up to 48 hours before seeing a judge.
• Bail Hearing: A judge will determine whether to grant bail and under what conditions.
• Arraignment: You’ll be formally charged and asked to enter a plea.
• Pre-Trial Proceedings: This phase involves evidence gathering, filing of motions, and potential plea negotiations.
• Trial: If a plea agreement isn’t reached, your case will proceed to trial.
• Sentencing: If convicted, the judge will determine your sentence based on the specifics of your case and any applicable sentencing guidelines.

Throughout this process, having Lance Kennedy as your attorney can make a significant difference. He’ll guide you through each step, protect your rights, and work tirelessly to achieve the best possible outcome for your case.

Why Should I Choose Lance Kennedy to Defend Me?

Lance Kennedy stands out as the right choice to defend against your Austin domestic violence charges for several reasons:

• He served as a former federal and Texas criminal prosecutor. Lance has invaluable knowledge from both sides of the law. This insider perspective allows him to anticipate the prosecution’s strategies and build stronger defenses.
• Lance focuses his practice exclusively on criminal defense. He can ensure you receive focused and personalized attention for your case.
• With extensive experience in Austin’s legal system, Lance understands the local courts, judges, and prosecutors. These connections allow him to successfully navigate cases effectively.
• Lance has successfully defended numerous clients against domestic violence charges, achieving favorable outcomes through skilled negotiation and litigation.
• Lance understands the emotional toll of domestic violence charges and provides supportive, non-judgmental representation.
• With his comprehensive legal knowledge, Lance can develop innovative defense strategies tailored to your unique situation.
• Lance’s experience often allows him to negotiate favorable plea deals or alternative sentencing options when appropriate.
• Although Lance resolves many cases before trial, he is always prepared to vigorously defend you in court if necessary.
• Lance believes in keeping clients fully informed. He’ll explain your options clearly and guide you in making informed decisions about your case.
• Lance’s professionalism and skill have earned him respect among peers, prosecutors, and judges, which can be beneficial in advocating for you.

Choosing Lance Kennedy means having a dedicated, experienced, and skilled advocate fighting for your rights and future.

Frequently Asked Questions About Domestic Violence Charges in Austin