Houston Felony Domestic Violence Attorney

Felony Domestic Violence Attorney in Houston, TX

Felony domestic violence charges in Texas include continuous family violence, aggravated assault against family members, and strangulation—carrying 2-99 years imprisonment and permanent consequences. Cory Roth Law Office provides aggressive defense for Houston clients facing felony family violence accusations. We challenge evidence, protect constitutional rights, and fight for case dismissals throughout Harris County.

Understanding Felony Domestic Violence Charges in Texas

Felony domestic violence charges represent some of the most serious criminal accusations in Texas. Under the Texas Family Code Section 71.004, family violence includes acts intended to cause physical harm, bodily injury, assault, or sexual assault against family members, household members, or individuals in dating relationships. When these offenses involve serious bodily injury, deadly weapons, prior convictions, or strangulation, prosecutors elevate charges to felony level with devastating potential consequences.

Harris County prosecutors and Houston police treat domestic violence allegations with heightened scrutiny, often making arrests based solely on alleged victim statements without independent corroboration. This aggressive approach means innocent people face serious felony charges based on exaggerated, fabricated, or misunderstood accusations. False allegations frequently arise during contentious divorces, custody battles, and relationship disputes.

At Cory Roth Law Office, we understand the unique challenges felony domestic violence cases present. These charges threaten your freedom, family relationships, career, and constitutional rights. Our Houston domestic violence defense attorneys investigate every allegation thoroughly, challenge weak evidence, and develop defense strategies tailored to your specific circumstances.

Types of Felony Domestic Violence Charges in Houston

Continuous Family Violence

Continuous family violence under Texas Penal Code Section 25.11 occurs when a person commits two or more acts of domestic assault within a 12-month period. This charge allows prosecutors to combine multiple alleged incidents—even minor ones—into a single third-degree felony carrying 2-10 years in prison.

What makes this charge particularly dangerous is the low evidentiary threshold. Prosecutors don’t need convictions for the prior incidents—just allegations that meet the statutory definition. Our defense strategies focus on challenging the alleged timeline, questioning witness credibility, and demonstrating that alleged incidents don’t meet the legal requirements for this enhanced charge.

Aggravated Assault Family Violence

When domestic assault causes serious bodily injury or involves a deadly weapon, prosecutors charge aggravated assault family violence—a first-degree felony carrying 5-99 years or life imprisonment. The presence of family violence elevates what would otherwise be a second-degree felony to the most serious non-capital offense in Texas.

Serious bodily injury means injury creating substantial risk of death, permanent disfigurement, or protracted impairment of any bodily function. Deadly weapons include firearms, knives, and any object used in a manner capable of causing death or serious injury. Our aggravated assault attorneys challenge injury classifications, weapon designations, and the prosecution’s ability to prove all required elements.

Strangulation and Suffocation Charges

Texas Penal Code Section 22.01(b)(2)(B) makes assault by strangulation or suffocation against a family member a third-degree felony, even without visible injuries. Strangulation involves impeding breathing or blood circulation by applying pressure to the throat, neck, or blocking the nose or mouth. These allegations carry serious weight with prosecutors and judges.

Strangulation charges present unique defense challenges because physical evidence may be minimal or absent. Alleged victims may claim strangulation without any marks, making these cases heavily dependent on credibility assessments. We investigate medical records, photograph any injuries (or lack thereof), and challenge unsupported allegations.

Felony Violation of Protective Orders

Violation of a protective order becomes a third-degree felony when the defendant has two or more prior protective order violations or violates the order by committing an assault. Even seemingly minor contact—a text message, social media interaction, or appearing at a location covered by the order—can result in felony charges if prior violations exist.

These cases require careful analysis of the protective order’s specific terms, whether the defendant actually received proper notice, and whether alleged violations actually occurred. We challenge vague or overbroad orders and defend clients against allegations of technical violations.

Assault Against Family Members with Prior Convictions

Simple assault against family members becomes a third-degree felony when the defendant has any prior conviction for domestic assault, regardless of when that conviction occurred. A misdemeanor domestic assault from decades ago can transform a new allegation into a felony charge carrying years in prison.

We examine prior conviction records for validity, challenge whether previous offenses actually qualify as predicate convictions, and defend against current allegations on their merits. Sometimes prior records contain errors or involve offenses that don’t meet the statutory requirements for enhancement.

Penalties for Felony Domestic Violence in Texas

Felony domestic violence convictions carry severe penalties that extend far beyond imprisonment. Understanding the potential consequences underscores the importance of aggressive defense representation from the moment of arrest.

Third-degree felony domestic violence—including continuous family violence, strangulation, and assault with prior convictions—carries 2-10 years in the Texas Department of Criminal Justice and fines up to $10,000. Second-degree felony domestic violence charges carry 2-20 years imprisonment. First-degree felony aggravated assault family violence carries 5-99 years or life imprisonment.

Beyond incarceration, felony domestic violence convictions trigger collateral consequences including permanent loss of firearm rights under federal law (18 U.S.C. § 922(g)(9)), immigration consequences for non-citizens, professional license revocations, loss of child custody or visitation rights, and permanent criminal records affecting employment and housing opportunities.

How Family Violence Findings Affect Other Criminal Charges

Texas law treats domestic violence as an enhancing factor that increases penalties for various offenses. Understanding this relationship is crucial for anyone facing charges involving family members or intimate partners.

A family violence finding attached to any conviction—even a misdemeanor—creates permanent consequences. Future domestic allegations become automatic felonies. The defendant loses firearm rights permanently under federal law. The conviction cannot be sealed through non-disclosure orders. Any probation violation can result in harsher sentences.

This enhancement effect extends to related charges. Gun crime charges become more serious when combined with domestic violence allegations. Stalking charges involving former partners carry enhanced penalties. Even property crimes committed during domestic disputes can be treated more severely.

Defense Strategies for Felony Domestic Violence

Challenging False Accusations

False accusations plague domestic violence cases. Alleged victims may fabricate or exaggerate allegations during custody disputes, divorce proceedings, or to gain advantages in protective order hearings. According to the Office on Violence Against Women, proper investigation must distinguish between genuine victims and those making false reports for ulterior motives.

Our defense team investigates the accuser’s motivations, examines the timing of allegations relative to family court proceedings, gathers evidence of prior false statements, and identifies inconsistencies between initial reports and later testimony. Text messages, social media posts, and witness statements often reveal that accusations don’t match the alleged victim’s actual conduct and communications.

Self-Defense and Defense of Others

Texas law recognizes the right to use reasonable force in self-defense, even against family members. Under Texas Penal Code Chapter 9, individuals may use force when they reasonably believe it is immediately necessary to protect themselves or others from another person’s use or attempted use of unlawful force.

Many domestic violence cases involve mutual combat or situations where the defendant was actually the victim responding to aggression. Police often arrest the person who appears physically larger or stronger without properly investigating who initiated the violence. We gather evidence demonstrating our client acted in legitimate self-defense.

Challenging the Prosecution’s Evidence

Prosecutors must prove every element of felony domestic violence beyond a reasonable doubt. Our defense strategies identify and exploit weaknesses in the prosecution’s case through motions to suppress illegally obtained evidence, cross-examination exposing witness credibility problems, expert testimony challenging injury claims, and demonstrating constitutional violations in the investigation.

We examine whether police properly advised the defendant of Miranda rights, whether warrantless searches were justified, whether statements were coerced, and whether the prosecution can establish the family or dating relationship required for domestic violence charges. Technical defenses sometimes result in charge reductions or dismissals.

Lack of Intent or Accidental Injury

Many domestic assault charges arise from accidents during arguments or situations where no one intended to cause harm. Pushing past someone in a doorway, defensive movements that inadvertently make contact, or injuries occurring while separating fighting parties may not meet the legal requirements for assault.

We investigate the circumstances surrounding alleged injuries, gather witness testimony about what actually occurred, and present evidence demonstrating that any contact was accidental rather than intentional. The prosecution must prove the defendant acted intentionally, knowingly, or recklessly—accidents don’t qualify.

The Criminal Justice Process in Felony Domestic Violence Cases

Arrest and Emergency Protective Orders

Texas law requires officers to arrest when they have probable cause to believe family violence occurred—even without visible injuries or victim cooperation. Following arrest, magistrates typically issue emergency protective orders prohibiting contact with the alleged victim for 61-91 days. These orders often force defendants from their own homes.

Having an attorney intervene immediately can influence bond conditions, challenge overly restrictive protective orders, and preserve evidence while memories and physical evidence remain fresh. We work to get clients released quickly while protecting their ability to maintain employment and family relationships within legal constraints.

Grand Jury Process

Texas requires grand jury indictment for felony charges. The Harris County District Attorney’s Office presents evidence to the grand jury, which decides whether probable cause exists for formal charges. While defendants cannot appear before the grand jury, experienced attorneys can sometimes provide information to prosecutors that influences their presentation or convinces them not to seek indictment.

Pre-Trial Hearings and Plea Negotiations

The pre-trial phase offers critical opportunities for defense. We file motions to suppress evidence, challenge the sufficiency of the indictment, and request all evidence in the prosecution’s possession. Pre-trial hearings may resolve legal issues that determine the case outcome without trial.

Many felony domestic violence cases resolve through plea negotiations. Depending on evidence and circumstances, prosecutors may offer reduced charges such as misdemeanor domestic assault, charges without family violence findings, deferred adjudication, or dismissal. We negotiate aggressively while honestly advising clients about trial risks and benefits.

Trial

When cases proceed to trial, defendants can choose jury or bench trials. Our attorneys have extensive courtroom experience presenting domestic violence defenses. We carefully select jurors who can evaluate evidence fairly, deliver compelling arguments, cross-examine alleged victims and witnesses effectively, and present defense evidence that creates reasonable doubt.

Why Choose Cory Roth Law Office

Experienced Domestic Violence Defense

Felony domestic violence cases require specialized knowledge of family violence law, Texas Penal Code provisions, and the unique dynamics these cases present. Attorney Cory Roth understands how Harris County prosecutors build domestic violence cases and where those cases contain weaknesses that effective defense can exploit.

Our firm handles the full spectrum of family violence assault charges, from misdemeanor accusations to the most serious felony charges. We apply the same thorough, aggressive approach regardless of charge severity because we understand how profoundly any domestic violence charge affects our clients’ lives.

Protecting Your Rights and Relationships

Domestic violence charges affect more than criminal liability—they impact custody rights, family relationships, housing, employment, and reputation. We fight to protect all aspects of your life while defending against criminal charges.

You’ll work directly with Attorney Cory Roth throughout your case. We keep you informed about developments, explain your options clearly, and ensure you make informed decisions about your defense. Your questions receive prompt, thoughtful answers from an experienced criminal defense attorney who understands what’s at stake.

Contact Cory Roth Law Office Today

Felony domestic violence charges threaten your freedom, family, career, and constitutional rights. The prosecution has already begun building their case—you need an experienced Houston criminal defense attorney fighting for your defense immediately. Cory Roth Law Office provides aggressive, personalized representation for clients facing felony domestic violence and family violence charges throughout Harris County.

Our defense attorneys understand the unique challenges domestic violence cases present, including false accusations, complex family dynamics, and the devastating collateral consequences of conviction. We investigate thoroughly, challenge weak evidence, and fight to protect your rights whether negotiating with prosecutors or presenting your case to a jury.

Don’t face these serious charges alone. Contact Cory Roth Law Office today for a confidential consultation to discuss your felony domestic violence case and learn how we can help. Early intervention by an experienced defense attorney often determines whether charges are reduced, dismissed, or result in conviction.

Call our Houston office now or complete our online contact form to schedule your free consultation. Your defense begins with one phone call.