Being charged with family violence in Texas is a serious matter. If you are convicted, you will have a criminal record that can follow you for the rest of your life. You may be fined, placed on probation, face custody issues with your children, and even sent to jail. However, there are ways to get the charges dismissed regardless of the types of family violence you are charged with and whether or not it is your first time with a family violence charge. These include pleading guilty to a lesser charge, having a defense strategy for family violence like self-defense and going to trial, or completing a pretrial diversion program.
Pleading Guilty to a Lesser Charge
In some cases, it may be possible to plead guilty to a lesser charge. This could be disorderly conduct or assault instead of family violence. The benefit of pleading guilty to a lesser charge is that it will not go on your criminal record as a family violence conviction. Additionally, you will likely face less severe penalties such as a fine or probation as opposed to jail time.
Going to Trial
If you choose to go to trial, you will have the opportunity to present your side of the story and argue that you are not guilty of family violence. The burden of proof will be on the prosecution to prove beyond a reasonable doubt that you committed the crime. If they are unable to do so, the charges will be dismissed.
Completing a Pretrial Diversion Program
In some cases, the prosecutor may agree to dismiss the charges if you complete a pretrial diversion program. This is typically only available for first-time offenders and usually involves completing community service hours, attending counseling sessions, and paying a fine. Once you have completed the program successfully, the charges against you will be dropped.
Hire a Family Violence Attorney
Regardless of the chosen path above, the first step is to hire a qualified attorney who has experience with family violence cases in Plano. An experienced Plano family violence attorney will help you gather evidence that shows you are innocent of the charges or that the alleged victim is not credible, especially if they are making false accusations of family violence. They will then present your evidence to the prosecutor and try to reach a negotiated settlement. If the prosecutor does not drop the charges, you would have the option to go to trial and present your evidence to a judge or jury. In this situation, you will need an experienced attorney to convince the judge or jury that you are not guilty beyond a reasonable doubt.
If you have been charged with family violence in Dallas or the surrounding area, it is important to understand your options for getting the charges dismissed. These include pleading guilty to a lesser charge, going to trial, or completing a pretrial diversion program. Each option has its own set of benefits and risks that should be considered before making a decision. Speak with an attorney familiar with family violence cases in Plano to discuss which option may be best for your particular situation.