By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Domestic or family violence charges in Texas range from class c misdemeanors (the same level as a minor traffic offense), to felonies in other circumstances. The fact that some are charged as class c’s doesn’t diminish their importance and can act as a trap door.
A class c assault occurs where there is unwelcome offensive or provocative contact. The state does not need to prove the victim suffered any pain or discomfort whatsoever. They appear deceptively insignificant because they can be charged in smaller municipal courts and before justices of the peace where the rules are less formal and far fewer people have lawyers.
In class c domestic violence cases, the prosecution may try and add a small enhancement paragraph to the charge known as “an affirmative finding of family violence” under Texas Code of Criminal Procedure 42.013 and…
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