When you’re facing charges for domestic violence in Texas, you must be extremely careful if you’re negotiating a plea bargain. A plea bargain might seem like your best option if the government’s case is strong, but you need to make sure you’re considering all the collateral consequences that come with this type of charge.
The long-term consequences and implications of accepting a plea in these cases can be severe and permanent, particularly regarding your firearm rights under both Texas and federal law. Before you accept any plea agreement, it’s essential to thoroughly analyze the evidence against you, and carefully weigh all your options with your criminal defense attorney.
Texas Domestic Violence Pleas: Lifelong Consequences
In Texas, pleading guilty or no contest to a domestic violence charge has lasting ramifications.
Unlike many other offenses, domestic violence charges typically cannot be easily expunged or nondisclosed. Even in cases involving Class C deferred adjudication, which may sometimes be eligible for expunction, a domestic violence related plea could permanently affect your firearm rights under federal law. Simply put, accepting a plea, even a seemingly minor one, can have lifelong consequences when it comes to weapon ownership.
Texas vs. Federal Firearm Laws
Both Texas state and federal laws address firearm possession following a domestic violence conviction, but they differ significantly in scope:
Under Texas law, individuals convicted of a Class A misdemeanor involving family violence lose the right to possess a firearm. However, Texas law allows reinstatement of firearm rights five years after the completion of a sentence, probation, or parole. While this provides some hope for restoration, it applies only under state law, and does not override federal restrictions.
Federal law is significantly more restrictive. Under federal statute, specifically Title 18 U.S.C. § 921(a)(33) and (37), a conviction for a “qualifying misdemeanor crime of domestic violence” permanently prohibits you from possessing, receiving, or transporting firearms or ammunition. This federal prohibition applies regardless of the Texas five-year restoration rule and lasts indefinitely.
What Qualifies as a Domestic Violence Crime Under Federal Law?
It’s critical to understand that under federal law, your crime does not need to explicitly include the words “domestic violence” or “family violence” to trigger these restrictions. Under Texas law, your lawyer may be able to negotiate an advantageous removal of a family violence tag, but this won’t help you in the context of federal firearm rules. Instead, federal statutes look at the specific conduct involved. A conviction qualifies if it includes elements such as the use or attempted use of physical force against a spouse, former spouse, cohabitant, parent of your child, or a similar domestic relationship. This means even if your attorney successfully negotiates to remove or omit the “family violence” label from your plea, you may still fall under the federal firearms prohibition if the underlying conduct meets federal criteria.
False Allegations and Aggressive Defense
Domestic violence allegations are stressful and challenging for everyone involved, and unfortunately, false accusations, self-defense scenarios, and even property defense scenarios, do routinely occur. Government offices have systems in place to aggressively use state power in defense of victims, but the real world isn’t always so black and white as systems envision.
Because of the severe consequences associated with domestic violence convictions, including permanent loss of firearm rights, you must mount a purposeful and an aggressive defense from the outset. Never agree to a plea bargain without comprehensive advice from an experienced criminal defense lawyer who understands the nuances of both Texas and federal firearms law.
Protecting Your Rights with Alsbrooks Law
At Alsbrooks Law, we recognize the gravity of domestic violence charges and their lasting impacts on your life. We will evaluate your case, analyze the strength of the evidence against you, project your possible outcomes should the case proceed to trial, and ensure you fully understand your options and potential consequences.