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How Is Domestic Violence Different From Assault in Texas?
While domestic violence and assault are closely related offenses, domestic violence is seen as much more serious. The main difference is who the victim is. Assault can be charged no matter who the victim is, while domestic violence is committed typically against a family or household member, or a romantic partner. However, it can be confusing to keep track of who might be considered a qualifying victim for the purposes of charging domestic violence.
If you are facing charges of domestic violence or assault in Texas, the penalties could be severe if you are convicted. It is important that you approach handling your charges carefully and with the assistance of a qualified attorney.
Who Can Be the Victim in a Texas Domestic Violence Case?
You may hear the terms “domestic violence” and “family violence” used interchangeably. Neither term fully covers the bases of who might be included as a victim in a Texas domestic violence case. The definition can even include people you have never lived with in some circumstances. It is a common scenario for Texans arrested after a physical altercation to be taken by surprise when they learn that they are being charged with domestic violence rather than simple assault. Potential qualifying victims include:
The Seriousness of Probation Violations in Texas
Probation comes with many rules to follow. You may be required to meet regularly with a probation officer, perform community service, submit to random drug testing, or meet other requirements imposed by the court. There are numerous ways to violate the conditions of probation, ranging from minor technical violations to serious willful violations. The sanctions for a violation will depend heavily on the circumstances, including what type of violation was involved and whether you have prior violations
In the most severe cases, your probation could be revoked entirely, and you could be required to serve your full jail sentence. It is important that you are represented by an experienced attorney who can make the case that your violation does not warrant this type of consequence
What Are Some Less Serious Probation Violations?
A minor technical violation probably will not lead to jail time, but it is important to tread carefully. Repeated violations, even of a minor nature, may result in increasingly harsh consequences if the court begins to believe that you are not taking your probation seriously. Less serious violations include:
How a Criminal Record Can Affect Your Future
It’s a common misconception that only those found guilty of a crime have a criminal record. However, if you’re arrested, charged, or convicted of a crime, Texas will put this information on your criminal record.
After “paying your debt to society” through fines, jail time, or probation, many people believe they can now put this chapter behind them and start fresh. Unfortunately, a person’s criminal history can make that a difficult thing to do.
The Effects of a Criminal History
Employment
Employers can disqualify candidates for a number of reasons, including a previous arrest or conviction.
Additionally, Texas has laws that disqualify felons from applying for certain jobs throughout the state, including law enforcement, teaching, the restaurant/bar industry, and medical first responders.
Schooling
A criminal history can affect a person interested in going to college, attending trade school, or starting their own business. Not only can schools deny a person because of their criminal history, but certain drug or sexual convictions also prohibit you from receiving grants or student loans.
Filing for a Texas Divorce
No couple enters into a marriage thinking it will end in divorce. Unfortunately, that’s the outcome for roughly 50% of all marriages. In 2019, nearly 800,000 couples filed for divorce — many of them between January and March.
Whether because you don’t want to deal with prying family members around the holidays or you don’t want to affect your children's holiday season by announcing your divorce late in the year, many couples wait to file for divorce until the New Year.
Filing for Divorce in Texas
Divorce may be common these days, but it’s still a complex family legal issue that can have a significant impact on your and your kids’ future.
Before you file, below are a few things every couple should know:
- Be sure you’re ready to file. Unlike many other states, Texas doesn’t recognize legal separation — even if you and your spouse live apart from one another for years, your assets and debt are communal property.
Sobering Facts About Drunk Driving This Holiday Season
Drunk driving is a national concern every day of the year, but arrests tend to spike around the holidays. And even though most celebrations will look a bit different this year due to COVID-19, the winter holidays and New Year’s Eve celebrations will still cause an increase in binge drinking, alcohol-related violence, and DWI arrests.
Driving While Intoxicated During the Winter Holidays
Drunk Driving in Texas — Fast Facts
- Approximately 10.22% of Texas residents have been involved in a drunk driving crash at some point in their lives.
- More than 24% of Texas drivers who have driven drunk have been charged with a DWI or DUI.
- Approximately 14% of Texas drivers who have driven drunk have served jail time for doing so.
- On average, drivers with a DWI on their record can expect to pay an extra $569 annually in insurance premiums.
Why You Always Need an Attorney When Facing Criminal Charges
Facing criminal charges is one of the most overwhelming, scary, and uncertain experiences a person can go through. With everything from your freedom to reputation on the line, you should never take a charge — whether misdemeanor or felony — lightly.
Regardless of how much work you believe you can do yourself, the criminal justice system makes it virtually impossible for people to adequately represent themselves. With so much on the line, it’s always best to put your trust in an experienced attorney.
Why You Should Hire a Defense Attorney
1. They understand the criminal justice system.
No one understands the intricacies of the criminal justice system better than a defense lawyer. Even if you’ve been through the system before or believe you have a strong understanding of how everything works, the nature of criminal cases is incredibly complicated. At Magaña & Van Dyke, we take pride in the fact that we walk our clients through every step of the process, explaining what they can expect and answering any questions.
Is it Possible to Get Off Probation Early?
After a person is found guilty of a crime, they may be put on probation — a sanction that’s been ordered by the court system. Probation allows a person to stay in the community, so long as they're supervised by a probation officer and follow any other court-ordered rules.
While probation is almost always a more preferential sanction than jail or prison time, it’s not without its own set of rules and regulations, many of which can impact your life. After a few months or years, many people begin to wonder if it’s possible to get off probation (or deferred adjudication) early.
Probation vs. Deferred Adjudication
Unlike probation, deferred adjudication is not a conviction. If you’re placed on deferred adjudication, you’ll likely have to report to a probation officer and abide by the terms of your probation while living within the community. However, you are not found guilty when placed on deferred adjudication.
If you successfully complete all of the conditions, you will be discharged from deferred adjudication and the case will be dismissed. One of the biggest benefits of successfully completing your deferred adjudication is that you will not be a convicted criminal.
Can I Get My Criminal Record Expunged?
Few people want a mistake they made years ago to follow them for the rest of their lives. Unfortunately, that’s exactly what a criminal record can do.
Because a criminal record can affect a person’s ability to find a job, get good housing, or be an effective parent, many people request to have their criminal record expunged.
Expunction vs. Nondisclosure
Texas allows adults two general ways to clean up their arrest record — expunction and nondisclosure.
Having your record expunged can permanently remove entries from your criminal history. However, it’s very limited and some convictions are not eligible for expunction.
Nondisclosure (also commonly known as having a sealed record) can hide certain offenses/information from public record. However, they’ll still be visible to law enforcement, other criminal justice agencies, and certain government agencies.
Expunction
In Texas, expunction can only be applied to:
- Class C misdemeanors that resulted in deferred adjudication.
Public Defender vs. Private Attorney: Which is Better?
If you’ve ever watched crime dramas on TV, you’ve probably heard the phrase, “if you can not afford an attorney, one will be appointed to you.”
This is one of the cornerstones of our justice system — everyone is entitled to a lawyer, regardless of their income or circumstances. That being said, not all lawyers are created equal.
When facing criminal charges, you have the choice between a public defender or hiring a private attorney. And when facing potentially serious consequences, it’s important to understand the difference between the two and which option is best for your situation.
Understanding the Difference Between a Public Defender and Private Attorney
The Downfall of Public Defenders
If you receive a court-appointed lawyer, you’re likely getting a public defender. While this lawyer will come at no cost to you, there are several reasons why this is not in your best interest:
The Difference Between Theft and Robbery
Whether on TV or during conversations with friends, the words “theft” and “robbery” are often lumped together and used interchangeably. And while they share a lot of similar characteristics (i.e., taking someone else’s property), there are substantial differences between the two — especially in the eyes of the law.
The Legal Definition of Theft vs. Robbery
Theft, also known as larceny, petty theft, and grand theft (depending on the monetary value of what’s stolen), involves taking someone’s property that doesn’t belong to you. This could include scenarios like taking a wallet that was left behind in a restaurant, stealing a bike left outside of a store, or shoplifting.
Theft involves:
- Property: Intent to take someone’s property or goods.
- Wrongful: Theft involves deceit or trickery to take someone else’s property.
- Deprive: To prove theft, it has to be clear that a person intended to permanently deprive the rightful owner of their property.
Contact Magaña & Van Dyke
Call 940-382-1976 or fill out the form below to set up a free consultation today:
From our office in Denton, we serve clients throughout Denton County and the surrounding areas, including Corinth, Shady Shores, Oak Point, Aubrey, Krum, Sanger, Argyle, Justin, Roanoke, Flower Mound, Highland Village, Lewisville, The Colony, Little Elm, Paloma Creek South, Gainesville, Lindsay, Muenster, Lake Kiowa, and Cooke County.
Results listed are not a guarantee or indication of future case results.
1417 E. McKinney Street, Suite 110,
Denton, TX 76209
940-382-1976
