DOMESTIC VIOLENCE CRIMINAL DEFENSE LAWYER OF SAN MARCOS TX
Covid-19- Coronavirus’s Impact on Domestic Violence Defense
San Marcos criminal defense attorneys Sergi & Associates, P.C. represent individuals who have been charged with domestic assault, battery, and other crimes against household members. In Hays County, law enforcement officers are trained to “err on the side of caution” when it comes to cases of domestic violence. This means that they are instructed to make an arrest rather than to chance a repeat occurrence of the alleged violence. As a consequence, many police officers will make arrests based on less probable cause than they would require for another type of offense. It is normal for every household to have its share of problems between those who live together, but when the police get involved, disputes between husbands and wives, brothers and sisters, and fights with roommates can land a person in domestic violence court facing serious consequences. David K. Sergi represents those who are accused of domestic crimes against spouses, children, parents, and other household members. Call him today for aggressive criminal defense.
What to expect if you are arrested for a crime of domestic violence
Texas Law requires that all people who are arrested for a crime of domestic violence must be held in jail overnight.
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After that, a bond hearing is held which will determine your custody status and/or conditions of release. The court will always impose a “stay away” order which will prevent you from have any contact with the alleged victim in your case. It is of the utmost importance to have experienced and competent counsel by your side throughout the legal process to ensure that the conditions of your release are reasonable and that your rights are protected.
Domestic Crimes in Texas
In order for a crime to be classified as “domestic violence,” both the victim and the suspect must be considered family or household members. In Texas, the following are considered domestic relationships:
- Spouse
- Former Spouse
- Persons related by blood
- Persons related by marriage
- Persons who are currently or formerly cohabited “as if a family”
- Persons who have a child in common regardless of marriage
Domestic violence crimes include:
- Assault and Aggravated Assault
- Battery and Aggravated Battery
- Sexual Assault
- Sexual Battery (Rape)
- Stalking and Aggravated Stalking
- False Imprisonment and Kidnapping
- Any criminal offense resulting in physical injury or death
Police Investigations of Domestic Crimes
Police officers are not required to have the cooperation of the victim in domestic violence cases. They merely have to indicate that without their intervention, there would be a likelihood of continued violence. Oftentimes, law enforcement officers are unable to obtain photographs or a statement from the victim, yet still make an arrest. Criminal defense attorneys at Sergi & Associates, P.C. believe that all clients are innocent until proven guilty, and that the police and prosecution should always have to prove their case beyond a reasonable doubt, no matter what the charge is.
To schedule an appointment with one of San Marco’s most well respected and knowledgeable criminal defense lawyers, contact (512) 392-5010.