Domestic violence is one of the most common violent criminal charges prosecuted in Texas. Those accused of injuring a family member, romantic partner or roommate may face special charges and penalties instead of simple assault allegations.
The consequences of domestic violence charges vary depending on the circumstances. The penalties can be more significant in situations involving certain aggravating factors. The details of a situation can have a profound impact on how the state charges the defendant and what penalties the courts impose.
What aggravating factors may lead to a worse outcome for a defendant facing domestic violence charges?
The use of a weapon
In some cases, people may become so agitated during an altercation that they escalate the situation. They may injure or threaten the other party with a dangerous weapon. In such cases, the potential charges and penalties can be more serious. The extent of the injuries to the other party and the prior criminal record of the defendant can influence what charges and penalties they may face after an arrest.
Strangulation and similar actions
There is a known correlation between strangulation and the escalation of domestic violence. As such, the state views an attempt to strangle another person as an aggravating factor in a domestic violence case. A misdemeanor domestic violence offense could convert to a third- or second-degree felony offense when there is proof that the defendant strangled the victim or otherwise intentionally impeded their respiration or blood circulation.
Violation of a protective order
If the other party had already sought protection from the courts because they feared domestic violence, showing up at their home or attempting to communicate with them could be a violation of that court order. Prosecutors tend to view defendants who violated protective orders as more dangerous than other domestic violence defendants, as they have already indicated that they do not fear or respect the legal system.
Discussing exactly what happened prior to a domestic violence arrest with a skilled legal team can help a defendant identify potentially aggravating factors and look into different defense strategies. An attorney can help guide a defendant accused of domestic violence toward the best legal strategy possible given their circumstances.