False accusations or heated arguments can quickly escalate into a domestic violence charge in San Antonio.
Navigating a legal system designed to protect victims can be overwhelming and leave you feeling helpless and desperate to clear your name. But don’t let panic or desperation cloud your judgment.
Taking informed action is the first step toward a dismissal.
While success isn’t guaranteed, proactive strategies and the help of an experienced San Antonio domestic violence lawyer can significantly improve your chances of dismissal or a favorable outcome.
To speak with an experienced criminal lawyer, please contact us today.
Can Family Violence Charges Be Dropped in Texas?
Dropping family violence charges in Texas before a court date can be difficult and often requires the expertise of a skilled attorney. A defense lawyer may seek a dismissal by challenging the evidence, pointing out procedural mistakes, or addressing changes in witness statements.
Understanding Texas’s Family Violence Laws
Texas law takes domestic violence, known as “family violence,” seriously. Penalties can be harsher than for similar offenses against non-family members.
Additionally, factors like whether a minor was involved in the incident or has past criminal allegations can heavily influence the severity of domestic violence charges being brought against you.
Both family violence or domestic violence felonies and misdemeanors can carry significant consequences, including hefty fines, mandatory prison sentences, or losing your Second Amendment right to keep and bear arms.
What Percentage of Domestic Violence Cases get Dismissed?
Recent statistics from the Texas Judiciary Branch show that in 2022, around 15% of felony and 30% of misdemeanor family violence assault cases were dismissed.
While every case is unique, these numbers offer a beacon of hope, and proactive strategies can significantly increase your chances of dismissal.
10 Tips on How to Get Family Violence Charges Dropped in Texas
Facing domestic violence charges is daunting. If you have been so charged, you’re likely wondering how to get a family violence charge dropped. Let’s look at 10 ways to get your family violence charges dropped, dismissed, or reduced.
Consult a Domestic Violence Criminal Defense Lawyer Right Away
Domestic violence laws are complicated, and attempting to navigate them alone can be a recipe for disaster.
Often, actions taken by the accused within the first week can be the difference between:
- the case being later dropped,
- the accused picking up more charges for violating their newly imposed bond conditions, or
- conditions of an issued emergency protective order.
An experienced domestic violence lawyer in Texas will understand the nuances of your case, evaluate your options, and devise a strategic defense.
Don’t underestimate the value of skilled legal counsel in the early stages of your investigation and criminal case.
Maintain Your Composure
Acting erratically or emotionally won’t help your case. While asserting your rights, maintain a calm and respectful demeanor in all interactions with law enforcement and the courts.
Respectful and calm interactions speak volumes to the court and law enforcement. Stay calm, cooperate with authorities, and avoid discussing the incident with anyone except your lawyer.
Respect the Legal Process
Attend all court hearings, complete any required counseling, and adhere to all court orders. Avoid all physical and electronic contact, even if you have a good relationship with the person who accused you.
Any communication can be misconstrued as intimidation and can be a bond or protective order violation. Violating your bond or a valid protective order can result in you being arrested again.
Contacting the alleged victim, especially if a protective order is in place, can aggravate your situation—making it worse and decreasing your chance of a dismissal.
Gather Evidence
Any evidence supporting your innocence, no matter how minor, can be incredibly valuable.
Witness statements, police reports, medical records, and any other documentation that supports your innocence or sheds light on the circumstances of the incident should be gathered and shared with your legal team.
Also, any evidence about the other person’s character for aggression or untruthfulness should also be gathered and shared with your legal team.
Examine the Circumstances of Your Arrest
Your lawyer will scrutinize the arrest protocol, searching for any procedural errors or violations of your constitutional rights in the investigation and arrest. This might include:
- Lack of probable cause: Did the officer have a legitimate reason to arrest you based upon objective fact?
- Excessive force: Was unnecessary force used during the arrest?
- Failure to inform you of your rights: Did the officer properly inform you of your right to remain silent and your right to an attorney?
- Imbalanced investigation: Did the officers speak to the other person for twenty minutes and you for less than five minutes? This may be a sign of a conclusory investigation and a potentially illegal arrest not based on probable cause.
Your attorney may file motions to suppress evidence or even request that the case be dismissed if any such errors or violations are found. This is because evidence gathered unlawfully cannot be used against you in court.
Challenge the Prosecution’s Evidence
Your lawyer will also investigate the evidence and ask several key questions about the evidence. Was the evidence obtained legally? Did the police overstep their bounds, violating your rights in the process?
Unlawfully obtained evidence cannot be used against you according to constitutional case law. By exposing constitutional violations, your lawyer can weaken the prosecution’s case and possibly pave the way for a dismissal.
Consider an Affidavit of Non-Prosecution
Sometimes, the alleged victim can ask the prosecution to drop the charges. While not a guarantee, an affidavit of non-prosecution can sometimes significantly sway the prosecutor.
If the alleged victim wishes to have the charges dropped, they can file this document with the prosecutor. However, a resultant dismissal is not guaranteed, and legal advice is crucial before pursuing this option.
Prosecutors are skeptical of these documents and often need to be assured that the “Cycle of Violence” will not continue.
Take Into Account Pre-Trial Intervention Programs
Completing court-ordered anger management or counseling programs can show a commitment to self-improvement and may weaken the prosecution’s case or their desire to obtain a conviction.
You may be eligible for a diversion program, but it depends on the charges and your criminal history. Diversion programs provide alternatives to prosecution, often involve counseling or community service, and can result in a dismissal if completed successfully.
These programs often require attorneys to help convince the prosecution that this family situation warrants a diversion.
Keep an Open Mind About Plea Deals
Your attorney can discuss plea bargains with the prosecutor. While accepting lesser charges may not be ideal, it may help you avoid a harsher penalty and move forward with your life.
Furthermore, plea bargaining can be a strategic decision to reduce a trial’s potential negative consequences, such as public exposure to your personal life (court records), a lengthy legal process, a stressful trial, and resultant harsh penalties if the jury finds you guilty.
By being open to negotiating with the prosecutor, your lawyer can seek a more favorable outcome consistent with your interests and goals.
Remain Optimistic
The legal system is complicated, and the process is often time-consuming. Multiple court appearances may be required, and even if you can get a dismissal, chances are good that it won’t happen instantly.
However, you increase your chances of success by remaining committed and resilient, trusting your lawyer, and listening to their advice.
Build Your Domestic Violence Charge Defense with Austin Hagee Law Firm
Being charged with domestic or family violence is a serious matter, and getting the charges dropped is a marathon, not a sprint.
You can fight for your future and clear your name if you have the right strategy, evidence, and a skilled San Antonio domestic violence attorney on your side.
Austin Hagee Law Firm has a track record of successfully defending clients charged with domestic violence throughout Texas.
Our dedicated domestic violence criminal defense attorneys understand the emotional and legal difficulties you are experiencing, and we are dedicated to fighting for your rights and getting your life back to a good place during the process.
Don’t face this alone. Contact Austin Hagee Law Firm today for a free consultation. We’ll evaluate your case, discuss your options, and guide you through every step of the process.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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