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A Houston felony domestic violence lawyer knows that a felony accusation can destroy your freedom. At LaVine Law Firm, we defend people facing domestic violence and felony domestic violence charges across Houston, TX, and Harris County. A conviction can bring a prison sentence, felony probation, protective orders, firearm restrictions, and lasting damage to your family and career. Call us now at 713-489-7734 for a free initial consultation.
We understand how terrifying these allegations feel. Felony domestic violence cases often involve choking, strangulation, serious bodily injury, weapons, repeated family violence, or sexual assault. An alleged victim may claim you caused imminent physical harm or used a deadly weapon. The criminal justice system treats this serious charge with extreme urgency. You need a criminal defense team that fights back immediately.
At LaVine Law Firm, our law firm focuses on domestic violence charges at the felony level. We build a strong defense strategy tailored to each client's unique circumstances. Our experienced domestic violence attorney team reviews every piece of evidence and challenges the prosecution's case. According to the Texas Department of Public Safety, domestic violence remains a top enforcement priority across the state.
Our approach includes:
We handle domestic abuse cases involving aggravated domestic assault, continuous violence, and other high-risk allegations. Our law offices serve Houston and Harris County with aggressive felony domestic violence defense. The Harris County District Attorney prosecutes these cases vigorously, which makes experienced representation essential.
Not every domestic violence allegation becomes a third-degree felony or higher. However, specific facts can elevate the charge. Under Texas Law, common felony triggers include a prior domestic violence conviction, a choking or strangulation allegation, serious bodily injury, a deadly weapon allegation, continuous violence against the family, or sexual assault.
LaVine Law Firm's domestic violence page discusses physical harm, threats, emotional abuse, sexual assault, and assault involving family violence. Texas Family Code Section 71.004 defines family violence broadly to include physical abuse and imminent threat of harm. A felony charge means you face criminal penalties that can change your life forever.
Several factors turn a domestic assault into a felony. Under Texas Penal Code Section 22.01, a prior family violence conviction can elevate a new charge to a third-degree felony. An allegation of choking or impeding breathing also triggers felony exposure. Serious bodily injury, weapon use or display, and repeated conduct over time can all lead to felony charges.
The felony classification depends on the exact charge, your criminal record, and the available evidence. An experienced attorney must examine every detail to determine the risk level. Do not assume a first arrest stays a misdemeanor.
Texas law protects specific relationships in domestic violence cases. An alleged victim can be a current or former spouse, a dating partner, or a parent of the same child. The law also covers relatives by blood or marriage, people in a dating relationship, household members, and foster children.
The relationship between the accused and the alleged victim affects the charge. If you live in the same household or have a child together, prosecutors may treat the case more aggressively. We verify relationship status as part of our defense strategy.
TAKE IMMEDIATE ACTION ON FELONY DOMESTIC VIOLENCE CHARGES
Harris County prosecutors file several types of domestic violence charges at the felony level. A Houston domestic violence attorney must understand each category to build an effective defense. The Harris County Sheriff's Office actively investigates and refers these cases for prosecution. Here are the most common felony charges we see.
Aggravated domestic assault is one of the most serious felony accusations. Under Texas Penal Code Section 22.02, these cases often involve allegations of serious bodily injury or the use or exhibition of a deadly weapon. Weapons may include firearms, knives, vehicles, or household objects, depending on the facts.
An alleged act of aggravated assault can lead to a second-degree felony or higher. If the deadly weapon is a firearm, the charge may become a first-degree felony. We conduct a thorough review of the evidence to challenge each element of the prosecution's case.
These allegations often increase the exposure to felony under Texas Penal Code § 22.01. Medical records, 911 calls, photos of the neck or face, bodycam footage, witness statements, and timeline inconsistencies all matter. The lack of visible injury does not automatically prevent prosecutors from pursuing criminal charges.
A Houston felony domestic violence lawyer must examine whether the alleged physical harm or bodily injury actually occurred. We look for gaps in the evidence and challenge exaggerated or false claims. Even a domestic violence call without visible marks can lead to a felony arrest.
Repeated alleged incidents can create felony exposure for continuous family violence. Under Texas Penal Code Section 25.072, this charge applies when someone commits two or more acts of family violence within 12 months. The alleged acts need not result in injury each time.
Defense focuses on proof, dates, credibility, and whether each alleged incident actually happened. Family members may have motives to exaggerate or lie. We compare timelines, texts, photos, and prior police reports to find inconsistencies.
Some domestic violence cases involve allegations of unwanted sexual contact, coercion, injury, or threats within a dating, marital, or household member relationship. Sexual assault allegations carry severe felony penalties and collateral consequences. These cases may also involve child abuse if minors are present.
A Houston domestic violence attorney must handle these cases with extreme care. We review medical records, witness statements, and forensic evidence to build a strong defense strategy. Do not speak to anyone without legal representation.
Penalties depend on the degree of the felony, prior criminal record, injury level, weapon allegations, and whether other charges are filed. Possible consequences include state jail or prison sentence, felony probation, fines, batterer intervention programs, protective orders, firearm restrictions, and immigration issues.
In 2024, Texas law enforcement agencies filed more than 49,000 misdemeanor and felony domestic violence assault charges. Nearly 12,000 of those charges originated in Harris County. The Houston Chronicle reported that Harris County domestic violence killings rose from 35 in 2023 to 47 in 2024, a 34% increase. This data shows how aggressively local prosecutors pursue these cases.
Felony punishment ranges vary by degree under the Texas Penal Code:
Aggravated domestic assault often falls into the second or first degree range. A prior domestic violence conviction can also elevate a new charge to a third-degree felony. The exact charge determines the criminal penalties you face.
After a felony arrest, the judge sets bond conditions that restrict your freedom. You will likely face a restraining order or protective order barring contact with the alleged victim. You cannot return to a shared residence or possess firearms.
Common restrictions include:
Violating these conditions can lead to new criminal charges. Do not contact the alleged victim for any reason. Call your defense attorney first.
A felony domestic violence conviction affects you long after court supervision ends. You lose the right to possess firearms under federal law. Employment barriers, professional license issues, and housing problems often follow. The National Domestic Violence Hotline provides resources, but a conviction carries severe legal consequences.
Additional consequences:
Custody restrictions may impact family members. A child custody battle becomes much harder after a felony conviction. Our law firm fights to avoid these life-altering results.
Defending against felony domestic violence charges requires a strong defense strategy. A skilled Houston felony domestic violence lawyer can raise several defenses depending on the facts. Self-defense is one of the most common and effective options.
Here are key defense angles:
Do not contact the alleged victim or pressure anyone to change a statement. That can lead to new criminal charges. Speak with a defense attorney before doing anything.
Self-defense applies when you use reasonable force to prevent imminent physical harm. Under Texas law, you have the right to use defensive measures if you reasonably believe force is necessary to protect yourself from unlawful violence.
Injuries to the accused may support a self-defense claim. Witness statements, photos, medical records, and 911 audio can show you were defending yourself. The first person to call the police is not always the aggressor. We investigate thoroughly.
False accusations of domestic violence happen more often than people realize. Breakups, custody disputes, jealousy, eviction disputes, or retaliation may motivate someone to lie. False allegations can destroy your reputation and freedom.
Defense should focus on evidence, not personal attacks. Compare statements, texts, call logs, timelines, photos, and witness statements. We look for contradictions in what the alleged victim told police and what the physical evidence shows.
Harris County prosecutors rely on several types of evidence in domestic violence cases. Our law firm reviews each category carefully:
We challenge weak, incomplete, or contradictory evidence. If the evidence does not support the charge, we fight for dismissal or reduction.
What makes domestic violence a felony in Houston?
Under the Texas Penal Code, prior domestic violence crimes, alleged domestic violence involving choking, imminent bodily injury, a deadly weapon, repeated acts, or dating violence may elevate the charge.
Can I face prison for felony domestic violence charges?
Yes. Felony convictions carry prison sentence exposure. The outcome depends on the charge, evidence, criminal record, and defense against domestic violence accusations.
Can the alleged victim drop felony domestic violence charges?
The alleged victim can share their position, but prosecutors generally decide whether to proceed with the case. Family violence charges proceed at the state's direction, not the victim's.
Can self-defense apply in an aggravated domestic assault case?
Yes, if evidence shows the accused reasonably used force to protect oneself from imminent danger or another person from an imminent threat.
What if I were falsely accused of domestic violence?
Preserve evidence, avoid contact, follow court orders, and speak with a Houston domestic violence lawyer before making any statements about alleged domestic violence.
Should I hire a Houston domestic violence attorney before indictment?
Yes. Early defense work may affect bond, evidence review, grand jury strategy, and family court matters. Do not wait to challenge domestic violence accusations.
Speak to a Houston Defense Attorney Now
If you face felony domestic violence charges, do not wait. The legal process moves quickly, and every day matters. Contact LaVine Law Firm today for a free initial consultation.
Call our Harris County office at 713-489-7734 to speak with a Houston felony domestic violence lawyer. We defend people accused in cases involving an alleged victim, family members, aggravated domestic assault, sexual assault allegations, self-defense, or false accusations. Our experienced attorney team has handled Texas domestic violence cases at every level. Let us fight for your freedom, your family, and your future.
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