Understanding Domestic Violence in Bryan, TX
Domestic violence, also known as family violence, is a serious offense under Texas law. It's crucial to understand what constitutes domestic violence in Bryan and Brazos County to protect yourself and your rights.
Definition of Domestic Violence
In Texas, domestic violence is broadly defined as an act against a family member, household member, or dating partner that is intended to cause physical harm, injury, assault, or sexual assault — or a threat that places the victim in fear of such harm.
Domestic Violence and Protective Orders in Brazos County
If you're a victim of domestic violence in Brazos County, you can seek protection through a protective order, also known as a restraining order. Protective orders can prohibit the abuser from contacting you, coming within a certain distance of your home or workplace, possessing firearms, and more.
Bryan Domestic Violence Cases We Handle
Our team handles a wide range of domestic violence cases in Bryan, TX. Our team is ready to defend you against accusations of:
Assault Family Violence
Any physical contact against a family member that results in injury, pain, or impairment, however slight, is a crime.
Aggravated Assault Family Violence
Causing serious bodily injury to a family member or using a deadly weapon in the commission of an assault constitutes aggravated assault family violence.
Violation of a Protective Order
Knowingly disobeying the restrictions set forth in a court-issued protective order can result in charges and significant penalties.
Stalking
Engaging in a pattern of harassing or threatening behavior that causes the victim to fear for their safety or the safety of their family is known as stalking and is a felony.
And More
We also represent clients facing charges related to interference with an emergency call, criminal mischief (property damage), unlawful restraint, and harassment.
The Arrest Process for Domestic Violence in Bryan, TX
If you are accused of domestic violence in Bryan, Texas, it's important to understand the arrest process and your rights.
Understanding the Steps
Remember that you have the right to remain silent and should not make any statements to law enforcement without consulting with an attorney. Your lawyer will advise you throughout the arrest process.
- Investigation
Law enforcement will respond to the scene, gather information, and interview all parties involved. - Arrest
If the police believe there is probable cause to suspect domestic violence, an arrest will likely be made, even if the victim does not wish to press charges. - Booking
Following the arrest, the accused will be taken to the Brazos County Jail for booking, which includes being fingerprinted, photographed, and informed of the charges. - Magistrate Appearance
Within 48 hours of the arrest, the accused will appear before a judge, who will inform them of their rights, set bail, and potentially appoint an attorney. - Formal Charges
The Brazos County District Attorney's Office will review the case and determine whether to file formal charges against the accused.
You have the right to be represented by an attorney throughout the entire process, including during questioning and at any court hearings.
What to Do If You're Arrested for Domestic Violence
If you are arrested for domestic violence in Bryan, it's crucial to remain calm and cooperate with law enforcement, but do not answer any questions without an attorney present. Contact Turnbull Legal Group immediately. We can help you understand your rights, navigate the legal process, and build a strong defense.
Penalties for Domestic Violence in Bryan
The penalties for domestic violence convictions in Bryan and Brazos County can be severe, ranging from misdemeanors to felonies, depending on the specifics of the offense and the defendant's prior criminal record.
Note: The above table is for informational purposes only. Actual penalties may vary depending on the specific circumstances of the case.
Long-Term Consequences of Domestic Violence Charges in Bryan
A domestic violence conviction in Bryan can have far-reaching consequences beyond the immediate penalties.
- Criminal Record
A conviction will result in a permanent criminal record, which can affect your ability to obtain employment, housing, and professional licenses. - Loss of Gun Rights
Federal and Texas laws prohibit individuals convicted of felony offenses from owning or possessing firearms. - Immigration Consequences
If you are not a U.S. citizen, a domestic violence conviction could lead to deportation. - Impact on Child Custody and Visitation
A conviction can impact your ability to obtain or maintain custody of your children and could restrict your visitation rights.
We know that a domestic violence conviction can also carry a significant social stigma, affecting relationships and future opportunities. When you hire Turnbull Legal Group, our efforts will be focused on reducing the impact of your charges and safeguarding your future.
Seeking an Expunction or Order of Non-Disclosure in Brazos County
In some cases, it may be possible to have a domestic violence conviction expunged (removed) or sealed (made confidential) from your criminal record in Brazos County. This can help mitigate the long-term consequences of a conviction.
Defenses Against Domestic Violence Charges in Bryan
We are dedicated to building a strong and effective defense strategy to fight domestic violence accusations in Bryan, TX.
Self-Defense
If you acted in self-defense or to protect another person from harm, we will work to demonstrate that your use of force was justified under Texas law.
Lack of Intent
We may argue that you did not have the intent to cause physical harm or injury, which is a necessary element of many domestic violence offenses.
False Accusations
Domestic violence accusations are sometimes made falsely out of anger, revenge, or to gain an advantage in a child custody dispute. We will thoroughly investigate the allegations and present evidence to demonstrate their falsity.
Insufficient Evidence
We will carefully examine the prosecution's case, including witness statements, police reports, and physical evidence, to challenge the sufficiency of the evidence against you.
Procedural Errors
We will scrutinize the actions of law enforcement to ensure that your rights were not violated during the investigation or arrest process.
Negotiating with the Prosecution in Brazos County
In some cases, it may be in your best interests to negotiate with the Brazos County District Attorney's Office to resolve your case through a plea bargain. This could involve pleading guilty to a lesser offense or seeking alternative resolutions, such as probation or deferred adjudication.
Our Legal Process: How We Fight for Your Rights
Our legal team takes a comprehensive and strategic approach to representing clients facing domestic violence charges.
1. Initial Consultation
We start with a free and confidential consultation to discuss your case, answer your questions, and explain your legal options.
2. Thorough Investigation
We conduct a detailed investigation into the allegations against you, gathering evidence, interviewing witnesses, and reviewing police reports.
3. Strategic Legal Counsel
We develop a personalized legal strategy based on the specifics of your case, working to protect your rights and achieve the best possible outcome.
4. Pre-Trial Motions
We may file pre-trial motions to suppress illegally obtained evidence, challenge the prosecution's case, or seek dismissal of the charges.
5. Negotiations with the Prosecution
We engage in negotiations with the Brazos County District Attorney's Office to explore the possibility of a plea bargain or alternative resolutions.
6. Trial Preparation and Representation
If your case goes to trial, we will meticulously prepare your defense and provide skilled and aggressive representation in court.
7. Post-Trial Advocacy
If you are convicted, we will explore the possibility of an appeal and fight for your rights throughout the post-conviction process.
Take Control: Let’s Fight Your Domestic Violence Charges
Don't let domestic violence accusations define your future. We are ready to stand by your side and fight for your rights in Bryan. Contact us today to schedule a free consultation and discuss your case.