Criminal Defense — Georgetown, Texas
Domestic Abuse & Violent Charge Defense
Aggressive representation when your freedom, family, and future are on the line.
Facing Domestic Violence Charges in Texas? You Need a Fighter in Your Corner.
A domestic violence arrest can upend your life in an instant — even before a conviction. In Texas, law enforcement is required to make an arrest when called to a domestic disturbance, and prosecutors pursue these cases aggressively. The consequences extend far beyond jail time: protective orders, loss of firearm rights, child custody complications, and a permanent criminal record.
At Mark Morales & Associates, we understand that domestic situations are rarely black and white. Allegations are sometimes exaggerated, fabricated, or the result of mutual conflict. We investigate every angle of your case — witness statements, 911 recordings, medical records, and prior history — to build the strongest possible defense.
Our Georgetown-based criminal defense team has handled hundreds of assault and family violence cases throughout Williamson, Travis, and Bell counties. We know the local courts, the prosecutors, and what it takes to protect your rights.
Texas Domestic Violence Charges We Defend
Texas law covers a broad range of offenses under the umbrella of family violence and domestic abuse. The specific charge you face depends on the relationship between the parties, the alleged conduct, and any prior history.
- Assault — Family Violence (Class A Misdemeanor)
- Assault — Family Violence with Prior Conviction (3rd Degree Felony)
- Aggravated Assault — Family Violence (1st or 2nd Degree Felony)
- Continuous Violence Against the Family (3rd Degree Felony)
- Strangulation / Impeding Breath (3rd Degree Felony)
- Violation of a Protective Order (Class A Misdemeanor or Felony)
- Stalking (3rd Degree Felony, escalating with priors)
- Interference with an Emergency Call (Class A Misdemeanor)
Potential Penalties Under Texas Law
Penalties vary significantly based on the charge level, prior convictions, and whether a weapon or strangulation was involved.
| Charge Level | Example Offense | Potential Penalty |
|---|---|---|
| Class A Misdemeanor | Simple assault — family violence, first offense | Up to 1 year county jail; up to $4,000 fine |
| State Jail Felony | Assault with prior family violence conviction | 180 days – 2 years state jail; up to $10,000 fine |
| 3rd Degree Felony | Strangulation, continuous violence, repeat offenses | 2 – 10 years prison; up to $10,000 fine |
| 2nd Degree Felony | Aggravated assault — family violence | 2 – 20 years prison; up to $10,000 fine |
| 1st Degree Felony | Aggravated assault with serious bodily injury or deadly weapon | 5 – 99 years or life in prison; up to $10,000 fine |
Collateral Consequences Beyond Jail Time
A family violence conviction carries consequences that follow you long after you've served any sentence. Under federal law (the Lautenberg Amendment), a misdemeanor family violence conviction permanently bars you from possessing a firearm — a career-ending consequence for law enforcement, military, and security professionals. You may also face: loss of child custody or visitation rights; mandatory batterer's intervention programs; immigration consequences including deportation for non-citizens; difficulty finding housing and employment; and a permanent criminal record that cannot be expunged in Texas.
Defense Strategies We Use
Every domestic violence case is unique. Our attorneys examine every piece of evidence and every witness account to identify the strongest path forward for your specific situation.
Self-Defense / Defense of Others
Texas law recognizes your right to protect yourself or another person from imminent harm. If you acted in self-defense, we will present that evidence clearly and forcefully to the jury or prosecutor.
False or Exaggerated Allegations
Domestic disputes are emotionally charged, and allegations are sometimes made out of anger, jealousy, or to gain leverage in a divorce or custody proceeding. We investigate the accuser's motive and credibility thoroughly.
Lack of Evidence / Insufficient Proof
The prosecution must prove every element of the offense beyond a reasonable doubt. We challenge the sufficiency of the evidence — including inconsistent statements, lack of physical injuries, and unreliable witnesses.
Unlawful Search and Seizure
If police violated your Fourth Amendment rights during the investigation — entering your home without a warrant or consent, or conducting an improper search — we move to suppress that evidence.
Negotiating Reduced Charges or Diversion
When the facts support it, we negotiate with prosecutors for reduced charges, deferred adjudication, or pretrial diversion programs that can keep a conviction off your record entirely.
Protective Orders: What You Need to Know
In most Texas domestic violence cases, the court will issue an emergency protective order (EPO) immediately after arrest — often before you even speak to an attorney. This order can prohibit you from returning to your own home, contacting your children, or going near your workplace if it is near the protected person. Violating a protective order is a separate criminal offense. Our attorneys can appear at the protective order hearing to contest or modify the order, and we will advise you carefully on what you can and cannot do while the order is in effect.
Frequently Asked Questions
Can the victim drop the charges?
No. In Texas, once a domestic violence report is made, the decision to prosecute belongs to the State — not the alleged victim. Even if the complaining witness recants or refuses to cooperate, the prosecutor can still proceed using other evidence such as 911 recordings, officer observations, and medical records.
Will I lose my gun rights if convicted?
Yes. Under the federal Lautenberg Amendment, any misdemeanor conviction for domestic violence — including a Class A misdemeanor assault — permanently prohibits you from possessing firearms or ammunition. This applies even if you are not sentenced to jail time.
Can a domestic violence conviction be expunged in Texas?
Generally, no. Texas law does not allow expunction of most domestic violence convictions. This makes fighting the charge — rather than simply accepting a plea — critically important. An experienced attorney may be able to negotiate deferred adjudication, which can lead to a non-disclosure order in some circumstances.
What if I was also injured in the incident?
Texas law allows for mutual combat situations, and the fact that you were also injured can support a self-defense claim. Document your injuries with photographs and seek medical attention. Your attorney can use this evidence to challenge the prosecution's narrative.
How quickly should I hire an attorney?
Immediately. Evidence disappears quickly — surveillance footage is overwritten, witnesses' memories fade, and the prosecution begins building its case from the moment of arrest. The sooner we are involved, the more options we have to protect you.
Treated Like Family. Defended Like Family.
Our Central Texas offices are conveniently located in Georgetown, Texas. We welcome all clients within our practice areas and treat you like one of our own.