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A conviction of assault can have dire legal consequences, even in seemingly minor incidents. If certain aggravating factors are present, however, an incident could result in increased penalties or even felony charges. These factors are known as aggravating circumstances, and in an assault case, they could mean the difference between a few months versus a few years of incarceration. At Magaña & Van Dyke, we understand the gravity of an assault charge. Our Denton County, TX criminal defense lawyers can assess your case and work out a strategy to minimize the charges against you. In fact, we have a history of successfully defending clients in assault charges, including a "not guilty" verdict for a client accused of felony aggravated assault in Denton. What Is Assault? According to Chapter 22 of the Texas Penal Code, you can face assault charges for committing any of the following acts in an "intentional, knowing, or reckless" manner: Injuring another person Threatening another person with imminent bodily harm Making offensive or provocative physical contact with another person Depending on the circumstances behind your arrest, you could face misdemeanor or felony charges for an act of assault. If you have been accused of this offense, be sure to seek legal representation as soon as possible. Three Things That Can Make an Assault Charge Aggravated Injuring a Public Servant Assault resulting in bodily injury is a Class A misdemeanor in Texas. However, if you knowingly, recklessly, or recklessly injure a public servant, you could face third-degree felony charges. For felony charges to apply in this case, the prosecutor must prove that : You knew the alleged victim was a public servant; and The public servant was performing his or her official duties. In Texas, a third-degree felony is punishable by two to 10 years in prison. Assaulting a Family or Household Member If you have a prior history of family violence, assaulting a family or household member through bodily injury could be prosecuted as a third-degree felony. If the offense involved strangulation, the charges could be escalated to a second-degree felony, carrying two to 20 years in prison. For the purposes of the law, dating partners are treated as family and household members. Committing Assault With a Deadly Weapon When an act of assault involves a deadly weapon, it is charged as aggravated assault, which has stricter penalties. Simply "exhibiting" a deadly weapon to threaten another person can be charged as aggravated assault. Aggravated assault with a deadly weapon is charged as a second-degree felony. However, if the victim suffered a traumatic brain or spine injury resulting in a vegetative state or paralysis, the offender could be charged with a first-degree felony punishable by up to 99 years in prison. Contact a Denton County, TX Assault Defense Lawyer The crime of assault is complicated in Texas since it may involve many intersecting factors. At Magaña & Van Dyke, our Cooke County, TX criminal defense attorneys can give you an idea of the possible consequences of a conviction and fight for you in court. Call our offices at 940-382-1976 to schedule a free initial consultation.

A recent call to law enforcement in Palo Pinto led to two men and one woman being charged with capital murder. An elderly resident of Dallas County was found dead beside I-20. His vehicle was later found near Gainesville, and a subsequent investigation linked three people to the murder. All three suspects in the case remain in the Cooke County Jail, charged with capital murder and auto theft, under bonds of $1,010,000 each. In the state of Texas, the biggest difference between murder and capital murder is distinguished by the potential for the death penalty for those convicted of capital murder. Murder is punishable by life in prison with the possibility of parole, while capital murder – when not punished by death – is punishable by life in prison with no parole. If you have been charged with capital murder in the state of Texas, it is extremely important that you speak to a knowledgeable Denton County, TX criminal defense attorney. What Defines Capital Murder in Texas? Capital murder is defined under Section 19.02(b)(1) as a murder with additional aggravating circumstances. As the most severe crime in the state, capital murder also brings the most severe punishment – the death penalty. Capital murder is defined as intentionally or knowingly killing a person under specific circumstances, such as murder for hire, the murder of a peace officer or firefighter, or murder during the commission of a serious crime. Capital murder – like murder - requires intent, premeditation, or indifference to human life. What Are the Other Types of Murder in Texas? What most states refer to as "first-degree" murder, Texas calls capital murder. Murder in the state can be charged when a person intentionally or knowingly causes the death of another person or intends to cause serious bodily injury and commits an act that results in the death of another person. While often a first-degree felony, murder can be charged as a second-degree felony if the act was committed in the heat of passion. A first-degree felony for murder can result in from five to 99 years in prison, with the possibility of parole and fines as large as $10,000. A second-degree felony murder charge is punishable by two to 20 years in prison and fines as large as $10,000. Manslaughter occurs when a person’s death is caused by a reckless disregard for human life and can be separated into involuntary manslaughter and voluntary manslaughter. Both are considered second-degree felonies with punishments of two to 20 years in prison and fines up to $10,000. Criminally negligent homicide involves causing the death of another person through criminal negligence like reckless driving. Criminally negligent homicide is a state jail felony; a conviction for this offense carries between 180 days and two years in a state jail facility and a fine as large as $10,000. What Are the Potential Defenses Against Murder? While your specific defense will depend on the circumstances and facts surrounding your charges, some of the more common defenses for murder charges include: Mistaken identity occurs when a witness misidentifies a person charged with murder. Even though eyewitnesses may not mean to identify the wrong person, human memory is fallible. Self-defense can be a defense when equal force is used to protect the individual or their loved ones. An attorney will show the person charged with murder did not instigate the threatening situation and had a reasonable fear of death or bodily harm. Insanity can be used as a defense to murder in some instances if the person suffers from temporary or permanent diminished mental capacity to the extent that he or she does not realize the act is wrong. An attorney may be able to prove that there was no criminal intent to harm the other person (an element of murder) and that the death of the person was an accident rather than murder. Contact a Cooke County, TX Murder Lawyer There is no crime with harsher penalties than murder – particularly capital murder. When your life is on the line, you need a Denton County, TX murder attorney from Magaña & Van Dyke to strongly defend your rights and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

When people think of assault, they usually picture a bar fight or some other kind of physical altercation. However, a person can be charged with assault even if he or she did not cause physical harm or make physical contact. There are several forms of assault under Texas law, all of which are treated harshly with severe penalties such as prison time and hefty fines. If you or someone you know is facing an assault charge, reach out to a qualified Texas criminal defense attorney. What Is Assault? Texas Penal Code § 22.01 defines assault as: Causing bodily injury to someone else Causing physical contact with someone when you know or should know that the person will find it offensive or provocative Threatening someone else with imminent bodily injury The last category makes it clear that physical contact is not necessary for an assault charge. Even threatening someone can be considered assault, as long as that threat makes the person fear immediate bodily harm. Furthermore, the law states that the physical contact does not need to cause injury or even be violent. Even if you do not hit or shove someone, you can still be charged with assault if you know that your physical contact will provoke or offend the person. An important element of assault is intent. Someone who engages in any of the behaviors above must do so knowingly or recklessly for it to be considered assault. What Are Examples of Assault Without Causing Physical Harm? Based on the law’s definition, here are some common examples of assault that do not cause physical harm: Verbal threats: An argument that gets heated to the point of threats of violence can lead to an assault charge. Saying something like, "I’m going to kill you" while approaching the person could be considered assault in Texas. Brandishing a weapon: Showing a weapon to someone in a threatening way can qualify as assault, even if you do not touch it. Threatening movements: Movement alone can be considered assault if it causes the other person to fear imminent bodily harm. Cocking back your arm or lunging at someone, for instance, can lead to an assault charge even if you did not mean to follow through. Unwanted physical contact: Touching someone in a way that you know or should know will offend or provoke them can be considered assault. Even giving someone a hug after he or she has expressly asked not to be touched can result in charges. What Are the Penalties for Assault? The penalties for assault range from a Class C misdemeanor — the lightest punishment — to a felony: If there was no physical harm, the defendant might be charged with a Class C misdemeanor, which carries up to $500 in fines. If there was any form of physical injury, the defendant could be charged with a Class A misdemeanor, which carries up to a year in jail and up to $4,000 in fines. If the assault was committed against a family member, public servant, active security officer, emergency respondent, or pregnant woman, or if it involved choking, the charge could be enhanced to a second-degree felony. This is punishable by two to ten years in prison and fines of up to $10,000. Assault charges can go as high as a first-degree felony in special circumstances, like if serious bodily injury was inflicted on a public officer in the line of duty. Contact a Denton County, TX Assault Defense Attorney The definition of assault is broad enough that some people may not be aware they are committing it. Protect your rights and future by contacting Magaña & Van Dyke. We are highly experienced attorneys and will devote our attention and resources to your defense. Call 940-382-1976 now to get a free consultation with a Cooke County, TX criminal defense lawyer today.

Facing manslaughter charges can be a terrifying experience. The potential consequences are severe, and the legal process is not easy to understand. However, by taking the right steps from the very beginning, you can possibly improve your chances of achieving a favorable outcome. A Texas lawyer can discuss the actions you should take. Find Out the Specific Charges Against You Manslaughter is a second-degree felony in Texas, carrying a potential prison sentence of two to 20 years and a fine of up to $10,000. You must understand the specific allegations against you and the circumstances that led to the charges. In Texas, manslaughter is defined as recklessly causing the death of another person. This means that the prosecution must prove that your actions were reckless and directly led to the individual’s death. Invoke Your Right to Remain Silent One of the most important steps you can take when facing manslaughter charges is to exercise your right to remain silent. It is natural to want to explain your side of the story or defend yourself, but anything you say to law enforcement can be used against you in court. Politely inform the police that you wish to remain silent and that you would like to speak with an attorney. Remember, you have the right to protect yourself; staying silent is often the wisest choice. Be Honest with Your Lawyer Once you hire a criminal defense attorney, be fully open about the events that led to the charges. The attorney-client privilege protects your conversations so that you can speak freely without fear of your information being disclosed. Your lawyer needs to know all the facts to provide you with the best possible defense. Withholding information or being dishonest can severely harm your case. Gather Evidence and Witnesses Your attorney will work diligently to gather evidence and identify potential witnesses who can support your defense. If you have any information that could be helpful, such as text messages, emails, or witness contact information, provide it to your lawyer promptly. The legal team will use this information to build a strong case on your behalf and challenge the prosecution’s evidence. Prepare for Court Appearances As your case progresses, you need to attend various court hearings and appearances. Your attorney will guide you through each step of the process and ensure you are well-prepared. Dress appropriately for court, be punctual, and always follow your lawyer’s advice. Remember that your behavior and demeanor in court can impact how the judge and jury perceive you. Consider Plea Bargains Carefully In some cases, the prosecution may offer a plea bargain, which involves pleading guilty to a lesser charge in exchange for a reduced sentence. While accepting a plea deal may be tempting, you must carefully consider the long-term consequences with your attorney. This is important to weigh the pros and cons and determine whether a plea bargain is in your best interest. Contact a Cooke County, TX Criminal Defense Attorney Facing manslaughter charges is undeniably stressful, but remember that you have rights and options. By following these important first steps and working with a Denton County, TX criminal defense lawyer, you can confidently get through this challenging time. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

Domestic violence accusations are serious matters that should never be taken lightly. However, in some unfortunate cases, false allegations do occur, often from a vengeful ex-partner seeking leverage in a divorce or child custody dispute. If you find yourself wrongly accused of domestic violence, it is crucial to take legal action to protect your rights and reputation. A Texas lawyer will guide you through the steps to handle false domestic violence accusations effectively. What to Know About Texas Domestic Violence Laws According to the Family Code in Texas, domestic violence is defined as any action taken by a family or household member to cause physical injury, bodily harm, assault, or issuing a threat that reasonably instills fear of immediate physical harm in the victim. The severity of these offenses can vary widely, from relatively minor Class C misdemeanors to serious first-degree felonies, depending on the seriousness of the act and whether a deadly weapon was involved. Gathering Evidence Your first step should be to collect and preserve any evidence that can support your innocence. This may include text messages, emails, voice recordings, photographs, or videos contradicting the accuser’s claims or demonstrating their motivation for making false allegations. Eyewitness accounts from friends, neighbors, or family members who can attest to the accuser’s behavior or the falsity of the claims can also be powerful evidence. Filing for a Protective Order In some circumstances, you may need to proactively seek a protective order against the accuser to prevent further false allegations, harassment, or the possibility of retaliatory accusations. A protective order can legally prohibit the accuser from contacting you, coming within a certain distance of your residence or workplace, or engaging in any form of harassment, intimidation, or other threatening behavior. Building a Defense Strategy Your attorney will work closely with you to develop a strong, tailored defense strategy based on the specifics of your case. This may involve challenging the accuser’s credibility and motivations, presenting evidence that contradicts their claims, or demonstrating that the alleged violence could not have occurred as described. An effective defense may also show that injuries were accidental or that you acted in self-defense. Potential Alternatives to Trial In some false allegation cases, your attorney may explore alternative dispute resolution methods, such as mediation or negotiation, as a potential path to resolving the matter without going to trial. These alternatives have pros and cons but can sometimes help avoid the stress, expense, and uncertainty of a trial while still potentially achieving a more favorable outcome than a conviction at trial. Contact a Cooke County, TX Criminal Defense Lawyer False allegations of domestic violence are unlawful and a terrible abuse of the justice system. By taking prompt action and seeking a Denton County, TX criminal defense attorney, you can learn the best potential steps forward for your specific situation with our firm, which has been around for nearly two decades. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

Of the different offenses that can result in criminal charges in Texas, robbery is among the most serious. Because it is usually considered a violent crime, accusations of robbery can result in harsh treatment from law enforcement, and a person will face felony charges. However, there are some cases where a charge may be elevated to aggravated robbery, and a conviction could result in even more serious penalties. By understanding the elements that may elevate a robbery charge to aggravated robbery and the potential consequences of an aggravated robbery conviction, those who are accused of this offense can determine their best options for addressing the charges. With the help of a skilled and experienced criminal defense attorney, a person can take steps to avoid a conviction or resolve their case with minimal penalties. Defining Robbery and Aggravated Robbery Robbery is a form of theft in which the perpetrator is accused of either causing someone to suffer bodily injuries or acting in a way that led someone to fear that they would be seriously injured. Theft charges may be elevated to robbery if a person allegedly took any actions that led to someone else’s injuries, threatened to inflict harm, or behaved in a manner that led someone to believe that they would be injured. A charge may be further elevated to aggravated robbery if a person is accused of committing robbery and also causing serious bodily injury to another person or using or exhibiting a deadly weapon during the commission of the robbery. These aggravating factors may lead to increased charges and more serious penalties. Serious Bodily Injury One of the key elements that can lead to a charge of aggravated robbery in Texas is causing serious bodily injury to another person during a robbery. The term "serious bodily injury" refers to any injury that puts a person at risk of being killed, leads to a serious disfigurement, causes permanent impairment of bodily functions, or results in the loss of an organ. The injury must be significant and go beyond minor cuts, bruises, or superficial wounds. However, if the alleged victim was an elderly person over the age of 65 or someone with a disability, aggravated robbery charges may apply if they suffered any type of bodily injury. Use of a Deadly Weapon A robbery charge may also be elevated to aggravated robbery if a person allegedly carried a deadly weapon during the commission of the offense. Deadly weapons can include firearms, knives, or any other objects that may be used or are intended to be used in a way that is capable of causing death or serious bodily injury. The mere presence of a weapon, even if it is not used, can still lead to an aggravated robbery charge. Penalties for Aggravated Robbery Robbery is classified as a second-degree felony in Texas, and a conviction of this offense may lead to a prison sentence of between two and 20 years, as well as a maximum fine of $10,000. If a charge is elevated to aggravated robbery, a person may face first degree felony charges. The potential penalties for a first degree felony conviction include imprisonment for a term of five to 99 years and a fine of up to $10,000. The severity of the punishment reflects the gravity of the offense and the potential harm caused to the victim. In cases where a victim allegedly suffered serious harm, such as a permanent disability, a person convicted of aggravated robbery is likely to face a harsher sentence. Contact Our Denton County Aggravated Robbery Lawyer Aggravated robbery is a very serious offense in Texas. The penalties for a conviction are likely to be severe and may affect a person for the rest of their life. If you have been accused of aggravated robbery or another violent crime, you will need to make sure you have legal representation from an experienced criminal defense lawyer. At Magaña & Van Dyke, our Cooke County aggravated robbery defense attorney can help you respond to the accusations you are facing and determine the ideal defense strategy. We will work to ensure that you will be able to minimize the potential penalties you may face. Contact us today at 940-382-1976 to set up a free consultation and get the legal help you need.

Killing someone else is one of the most serious crimes a person can commit, and if a person's intentional actions led to someone's death, they may face murder charges. Those who are found guilty of this crime can face severe consequences, including life imprisonment and even the death penalty. For anyone who could potentially face murder charges, it is essential to understand the nature of the charges, the potential penalties for a conviction, and the options for defense. Murder and Capital Murder Charges The offense of murder generally involves intentionally killing someone or knowingly taking actions that lead to a person's death. However, a person may also be charged with murder if they took actions that were intended to cause someone to suffer serious bodily harm, and these actions led to someone's death. For example, a vicious beating with a weapon such as a baseball bat is likely to cause serious bodily injuries, and if the victim dies from their injuries, the perpetrator may be charged with murder. Murder charges may also apply if a person took actions that led to someone's death while committing a felony. These actions may be taken during criminal activity or when fleeing a crime scene. If a person acted in a clearly dangerous way, and someone was killed, they may be charged with murder, even if they did not intend to kill someone. For example, if a person attempted to rob a bank and exchanged gunfire with police officers while fleeing the scene, and this led to the death of a bystander who was struck by a stray bullet, the person may be charged with murder. Murder is typically charged as a first-degree felony. A person who is convicted may be sentenced to five to 99 years in prison, and they may also be fined up to $10,000. However, a murder charge may be reduced to a second-degree felony if a defendant can show that they acted out of "sudden passion" due to circumstances that caused them to experience anger, terror, or resentment and rendered them incapable of acting rationally. For example, a person who discovered that a family member had been sexually assaulted may act out of rage and kill the person who committed the assault. A person who is convicted of second degree felony murder may be sentenced to between two and 20 years in prison and fined up to $10,000. In some cases, a charge may be elevated to capital murder. These charges may apply if a person received payment in exchange for killing someone, if the victim was a police officer or firefighter if more than one person was murdered during the same course of events, if the victim was under the age of 15, or if someone was intentionally killed while a person was committing or attempting to commit an offense such as sexual assault, robbery, burglary, kidnapping, terroristic threats, or arson. In capital murder cases, prosecutors may seek the death penalty, or a person who is convicted may be sentenced to life in prison. If the person was over the age of 18 when the offense was allegedly committed, they will not be eligible for parole. Contact Our Denton County Murder Defense Lawyer Murder is among the most serious offenses that defendants may face. Texas courts do not take accusations of murder lightly, and a person who is convicted is likely to face harsh penalties. However, the specific charges and penalties will be based on the circumstances of a case, and there are multiple factors that may affect the severity of the penalties a person may face. If you have been accused of intentionally killing someone else, an experienced Cooke County murder charges attorney can help you mount a strong defense. Contact Magaña & Van Dyke today at 940-382-1976 to book a free consultation and get the legal help you need in this difficult situation.

As is valid in the United States and any civilized society, murder is among the most severe offenses one can be accused of and charged with committing. Yet, if you are convicted of murder in Texas, you may even find yourself on death row. According to the Death Penalty Information Center, Texas has carried out more executions than any other state since 1976. Furthermore, Denton County juries have condemned seven individuals to death, six of which have been successfully carried out. In Denton County, the last person to be executed was in 2011. Simply put, Texas takes murder exceptionally seriously. Therefore, if you have been charged with murder, it is strongly advised that you seek counsel immediately, as your life may very well be on the line. How Are Murder and Capital Murder Defined in Texas? In Texas, there is murder and capital murder. Firstly, how is murder defined? Murder is when someone deliberately takes another person’s life. You may also be charged with murder if you engage in hazardous conduct intending to injure a person critically and kill them. Other circumstances where someone can be accused of murder is if they are committing or attempting to commit a felony and then decide to flee the scene, killing someone in the process. Such an act qualifies for murder in Texas. How Is Capital Murder Different? Capital murder is the unlawful killing of another in particular circumstances. These circumstances include killing someone during a: Robbery Burglary Kidnapping Aggravated sexual assault Arson Other situations where capital murder may have been committed include: Murdering someone in exchange for money Murdering someone while escaping prison Murdering someone while in prison The contended victim was less than 15 years old What Are the Penalties for Murder and Capital Murder? Since murder counts as a first-degree felony, if convicted, you face between 5-99 years in prison and fines of up to $10,000. On the other hand, capital murder is classified as a capital felony. Therefore, being convicted of capital murder carries life imprisonment without the possibility of parole or the death penalty. Defending Against a Murder Charge in Texas Contingent upon your case, there are certain defenses a defendant can employ to avoid being convicted of murder. A common defense that defendants can use is that they acted to protect themselves or someone else. For this line of reasoning to be effective, the defendant must prove they acted with deadly force because they reasonably believed such action was necessary. The jury must be convinced that a reasonable person would have also acted with deadly force if faced with a similar situation. However, there are certain limitations to claims of self-defense. For instance, the accused cannot be the antagonist. Further, the deadly force cannot have happened after verbal incitement. Additionally, deadly force must be proportionate to the initial attack. For example, if Sally trips John and he falls, he cannot get up and stab her a dozen times. Situations Where Deadly Force Is Justified in Texas Deadly force is justified if: It is essential to protect a person against another person’s use of deadly force. It is preventing: Aggravated kidnapping Murder Sexual Assault Aggravated sexual assault Robbery or aggravated robbery Contact a Denton County Murder Defense Attorney If you have been accused of the heinous act of murder, the state will likely do everything it can to convict you and levy severe penalties against you. At Magaña & Van Dyke, our experienced Cooke County murder defense lawyers know how serious a charge of murder is. Reach out to us at 940-382-1976 for a free consultation. Sources: https://deathpenaltyinfo.org/state-and-federal-info/state-by-state/texas https://tcadp.org/2019/09/24/denton-county-jury-rejects-the-death-penalty/

Under Texas law, assault is defined in Texas law as intentionally or recklessly causing or threatening harm to or offensive contact with another person. The terms "assault" and "battery" are often used interchangeably. In some states, the offense of "battery" refers to conduct that results in actual bodily injury, but Texas does not recognize battery as an offense separate from assault. Instead, the offense of assault encompasses most behaviors that constitute battery in other jurisdictions. A person can be charged with assault even if they do not hurt the other person. Verbal threats, threatening gestures, or contact that is offensive, such as poking someone in the chest or shoving him or her backward, may lead to assault charges. As such, many people find themselves facing assault charges because they got into a heated argument with a family member or friend. Bar fights or altercations in public can also lead to assault charges. If you or a loved one have been charged with assault, speak with a criminal defense lawyer as soon as possible. Your lawyer can help you build a strong defense to fight the charges. Acting in Self Defense in Texas People have the right to defend themselves against those who mean them harm. Unfortunately, some individuals find themselves in handcuffs for simply trying to protect themselves. According to the Texas Penal Code, an individual is justified in using force against another if he or she reasonably believes that the force is needed for protection. However, the force must be reasonable considering the circumstances. Acting in Defense of Property Texas follows the "castle doctrine" when it comes to defending one’s home and property. This means that Texans in their homes, cars, or property have the right to use force when it is reasonably necessary. The use of force may be considered justified if the actor reasonably believes that the other person was illegally entering the property, trying to commit a violent offense, or trying to remove the actor from his or her property. Consent or Assumption of Risk Another potential defense against assault accusations is consent or the assumption of reasonable risk. For example, if a group of individuals all agree to play football, a person cannot claim that they were assaulted if they get tackled during the game. The question of consent is a huge factor in many sexual assault cases. Sometimes, one person claims that a sexual encounter was consensual, while the other says the contact was not consensual. Contact a Denton County Criminal Defense Lawyer If you or a loved one were charged with any type of assaultive offense, contact Magaña & Van Dyke for legal help. Our experienced Denton violent crimes defense attorneys can help you tell your side of the story and ensure your rights are protected. Call 940-382-1976 for a free consultation. Sources: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm

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: Ex-spouses - Even if you are divorced and no longer residing together, an assault against someone you used to be married to can count as domestic violence. This may seem counterintuitive, as you are no longer in a domestic relationship, but Texas courts will look to the relationship’s history. Co-parents - Anyone you have a child in common with could be considered a qualifying victim. This is true even if you were never married and do not live together. Because you have a child together, the courts will consider you family for the purpose of charging domestic assault. Roommates - Anyone you happen to live with could be considered a household member under Texas’s domestic violence laws. You do not need to be in a romantic relationship or related. A simple dispute with your platonic roommates that turns physical could lead to the more serious offense of domestic violence being charged. Dating partners - You could face domestic violence charges for assaulting someone you are dating, even if you do not live together. A casual, non-cohabiting relationship is sufficient to take a simple assault into domestic violence territory. In some cases, it is not always clear whether the alleged victim truly fits the definition of a family or household member. In some cases, a skilled attorney may be able to argue for a reduction in charges to simple assault. Call a Denton County Family Violence Attorney If you are facing domestic violence charges, Magaña & Van Dyke can help you build a strong legal defense. Our experienced Denton family violence lawyers realize that these cases are often more complicated than they appear, and we will evaluate your case for any facts or circumstances that could help you. Call us at 940-382-1976 for a free consultation. Source: https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm