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When facing domestic violence charges in Lubbock County, the stakes are extraordinarily high. A conviction can result in jail time, substantial fines, loss of firearm rights under the Lautenberg Amendment, employment consequences, and permanent damage to your reputation. Our Lubbock domestic violence lawyer team understands that family violence allegations often arise from exaggerated claims, misunderstandings, or false accusations during heated disputes. We provide aggressive criminal defense representation for clients throughout Lubbock, Texas, fighting to protect your rights, freedom, and future.
Domestic violence cases in Texas encompass a wide range of criminal charges, from Class C misdemeanor assault to first-degree felony aggravated assault with a deadly weapon. The Texas Penal Code defines family violence as an act against a family member, household member, or someone in a dating relationship that results in bodily injury, assault, or constitutes a threat that reasonably places the victim in fear of imminent bodily injury. Our defense attorneys handle every type of domestic assault charge in Lubbock County, from protective order violations to serious felony offenses involving child victims or the use of weapons.
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Texas law defines family violence as an act by one family or household member intended to result in physical harm, bodily injury, assault, or sexual assault against another member, or that reasonably places the member in fear of imminent harm. This definition covers a wide range of relationships including spouses, former spouses, dating partners, parents and children, and other household members. A charge labeled “domestic violence” in Lubbock can stem from allegations as varied as minor physical contact to aggravated assault involving serious bodily injury or use of a firearm.
Under the Texas Penal Code , assault causing bodily injury to a family member is typically charged as a Class A misdemeanor, carrying up to one year in jail and a fine up to $4,000. However, if the accused has a prior conviction for family violence, or if the alleged victim was choked or strangled, the charge can be elevated to a third-degree felony with a potential prison sentence of two to ten years. Aggravated assault , assault with a deadly weapon or assault causing serious bodily injury, is prosecuted as a first- or second-degree felony, with penalties ranging from five to 99 years in prison depending on the facts.
Domestic battery, a term often used interchangeably with domestic assault, can involve offensive or provocative physical contact even if no injury occurs. Stalking , continuous family violence , and violation of a protective order are additional offenses that Lubbock County prosecutors pursue aggressively. Each of these crimes carries collateral consequences: a conviction can result in loss of child custody, ineligibility for certain professional licenses, deportation for non-citizens, and a lifetime ban on firearm possession under federal law.
| Offense Type | Classification | Potential Consequences | Special Considerations |
|---|---|---|---|
| Assault – Offensive Contact | Class C Misdemeanor | Fine up to $500 | No jail time but creates criminal record |
| Assault – Bodily Injury (Family Member) | Class A Misdemeanor | Up to 1 year in jail, fine up to $4,000 | Enhanced if prior conviction |
| Assault – Impeding Breath/Circulation | Third-Degree Felony | 2-10 years in prison | Automatic felony charge in family violence context |
| Aggravated Assault with Deadly Weapon | First/Second-Degree Felony | 5-99 years or life in prison | Firearm possession permanently prohibited |
| Violation of Protective Order | Class A Misdemeanor to Felony | Varies by circumstances and prior violations | Can be charged alongside assault offenses |
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In Texas, domestic violence is legally defined as “family violence” under the Texas Penal Code. Family violence includes any act by one family or household member intended to cause physical harm, bodily injury, assault, or sexual assault against another family member. It also includes threats that reasonably place a family member in fear of imminent harm. Family violence charges can range from misdemeanor assault causing bodily injury to felony aggravated assault with a deadly weapon, depending on the severity of the alleged injury, the use of a weapon, and the defendant’s criminal history.
The Texas Penal Code defines “family member” broadly to include:
Because of this broad definition, a wide range of relationships can trigger family violence charges in Lubbock County. Even a minor altercation between roommates or an argument between dating partners can escalate into a criminal case with lasting consequences. A Lubbock criminal defense lawyer can evaluate the specific facts of your case and determine whether the state has sufficient evidence to prove family violence beyond a reasonable doubt.
When a domestic violence incident involves the use or exhibition of a firearm, knife, or other deadly weapon, prosecutors in Lubbock County often elevate the charges to aggravated assault. Under Texas law, aggravated assault occurs when a person causes serious bodily injury to another or uses or exhibits a deadly weapon during the commission of an assault. Aggravated assault against a family member is typically charged as a first-degree or second-degree felony, depending on the circumstances and the extent of injury.
Aggravated assault convictions carry severe punishment, including five to 99 years in prison for a first-degree felony, two to 20 years in prison for a second-degree felony, fines up to $10,000, permanent loss of firearm ownership rights under federal and Texas law, and ineligibility for deferred adjudication in many cases. Because of the serious nature of aggravated assault charges, it is critical to hire a Lubbock assault lawyer with experience defending felony family violence cases. Our criminal attorneys investigate the facts, examine police reports and witness statements, and challenge the state’s evidence to protect your rights and your freedom.
Not every domestic violence arrest leads to a conviction. Texas law provides several defenses to assault and family violence charges, and an experienced criminal defense attorney in Lubbock can use these defenses to challenge the prosecution’s case. Common defenses in domestic violence cases include:
| Defense Strategy | Description | When It Applies |
|---|---|---|
| Self-Defense | You used reasonable force to protect yourself from imminent harm | When the alleged victim was the initial aggressor or threatened you with harm |
| Defense of Others | You used reasonable force to protect a third party from harm | When you intervened to protect a child, family member, or other person |
| False Accusation | The alleged victim fabricated or exaggerated the allegations | When the accuser has a motive to lie (custody dispute, divorce, revenge) |
| Lack of Intent | The injury was accidental, not intentional, knowing, or reckless | When the contact or injury occurred by accident during a non-violent interaction |
| Insufficient Evidence | The state cannot prove the offense beyond a reasonable doubt | When there are no witnesses, no physical evidence, or conflicting statements |
| Violation of Constitutional Rights | Evidence was obtained through illegal search, seizure, or interrogation | When police violated your Fourth or Fifth Amendment rights during investigation |
Our Lubbock criminal lawyers carefully review police reports, 911 recordings, witness statements, medical records, and physical evidence to build a strong legal defense. In many cases, we are able to negotiate with prosecutors to reduce charges, secure deferred adjudication, or have the case dismissed entirely. When trial is necessary, our attorneys have the courtroom experience and litigation skills to fight for a not-guilty verdict.
When someone is arrested for domestic violence in Lubbock, the alleged victim often seeks a protective order (also called a restraining order) through the Lubbock County courts. A protective order is a civil court order that prohibits the accused person from contacting the alleged victim, coming near their residence or workplace, or possessing a firearm. Protective orders can be issued on an emergency basis, as temporary orders, or as final orders lasting up to two years.
Violating a protective order is a separate criminal offense in Texas. A first violation is typically charged as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. Subsequent violations or violations involving assault, stalking, or other crimes can be charged as felonies with prison time. Even unintentional contact—such as a phone call, text message, or social media message—can result in arrest and additional charges.
If you are served with a protective order in Lubbock County, contact a Lubbock protective order lawyer immediately. Our attorneys can represent you at the protective order hearing, present evidence in your defense, and fight to prevent the order from being issued or to modify its terms. Protective orders can have devastating effects on your ability to see your children, live in your home, or maintain your employment, especially if your job requires firearm possession or security clearance.
Texas Criminal Defense
Understanding the criminal justice process in Lubbock County can help you prepare for what lies ahead after a domestic violence arrest. The process typically includes the following stages:
Throughout this process, having an experienced Lubbock lawyer by your side is essential. Our criminal attorney team guides you through each stage, protects your constitutional rights, and works to achieve the best possible outcome for your case.
A conviction for family violence in Lubbock County carries both direct criminal penalties and long-term collateral consequences. Understanding the full impact of a conviction can help you appreciate the importance of mounting a strong legal defense.
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Contact a violence lawyer immediately. Do not speak to police without an attorney present. Anything you say can be used against you in court. Your lawyer will advise you on how to protect your rights, what to expect during the legal process, and how to build the strongest possible defens
Understanding how domestic assault cases proceed through the Lubbock County criminal justice system helps clients make informed decisions at each critical stage. From the initial arrest through final disposition, our Lubbock assault lawyer team guides you through every step, protecting your rights and building the strongest possible defense.
Most family violence arrests in Lubbock occur when police respond to a domestic disturbance call. Texas law requires officers to make an arrest when they have probable cause to believe a domestic assault occurred, even if the alleged victim does not wish to press charges. You will be taken to the Lubbock County jail for booking and processing. An emergency protective order may be issued, and bail will be set based on the severity of charges and your criminal history.
At arraignment, you will be formally notified of the criminal charges filed by the Lubbock County District Attorney’s Office. This is your opportunity to enter a plea of guilty, not guilty, or no contest. Our lawyers advise clients to plead not guilty at this stage, preserving all defense options and ensuring the prosecution must prove every element of the offense beyond a reasonable doubt. We immediately begin negotiating with prosecutors and investigating the allegations to identify viable defense strategies.
The pre-trial phase involves extensive legal work including filing motions to suppress illegally obtained evidence, motions to dismiss charges based on insufficient evidence, and discovery requests to obtain police reports, witness statements, 911 recordings, body camera footage, medical records, and forensic evidence. Our criminal attorneys leave no stone unturned in gathering information that can support your defense or demonstrate weaknesses in the prosecution’s case.
Depending on the strength of the evidence and your criminal history, we may negotiate with Lubbock County prosecutors for reduced charges, deferred adjudication, pretrial diversion programs, or dismissal of charges. Deferred adjudication allows eligible defendants to complete probation and avoid a final conviction, though domestic violence cases are often ineligible for expungement even after successful completion. We thoroughly analyze whether accepting any plea offer is in your best interest or whether proceeding to trial offers better prospects.
When cases proceed to trial, our defense lawyers conduct extensive preparation including subpoenaing witnesses, preparing cross-examination strategies, consulting with expert witnesses, and developing compelling opening statements and closing arguments. Jury selection is particularly critical in family violence cases, as potential jurors often have strong preconceived notions about domestic assault allegations. We carefully question prospective jurors to identify and eliminate those who cannot fairly evaluate the evidence.
