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Who Do the Police Arrest if You're Both Fighting at Home?
When police respond to a domestic dispute in Texas, they face a difficult decision. If both people claim the other person started the fight, or if both people have visible injuries, who gets arrested? Many couples are shocked when police arrest one or both spouses after a heated argument that turned physical.
Understanding how Texas police handle domestic violence calls in 2026 can help you know what to expect. If you or your spouse was arrested after a fight at home, our Wise County criminal defense attorney offers free consultations. Call us right away to discuss your case.
How Do Police Decide Who to Arrest in a Domestic Fight?
Texas law gives police specific guidance about arrests in domestic violence situations. Under Texas Code of Criminal Procedure Article 14.03, police officers can arrest someone without a warrant if they have probable cause to believe that person committed assault against a family member, even if the officer did not witness the assault.
False Allegations in Texas Family Violence or Child Abuse Cases
Being falsely accused of family violence can turn your whole life upside down in an instant. If you live in Texas and have been accused of this serious crime, you must understand how these accusations are investigated. What you do now can make the difference between protecting your rights and facing devastating consequences that follow you for years.
Texas Advocacy Project cites the statistic that one in three Texans will experience domestic violence in their lifetime. As serious as this problem is, false accusations of domestic violence are just as serious. They can threaten your ability to stay in your home and see your kids.
If someone falsely accuses you of family violence or child abuse in 2026, the most important step is to stay calm. Don’t contact or try to argue with your accuser. Call a San Marcos criminal defense attorney before talking to the police.
Factors That Make a Texas DWI Case More Serious
Not all Texas DWI cases are treated the same. Some circumstances make your charges more serious and the penalties much harsher. Understanding what makes prosecutors and judges treat a DWI case as worse than average can help you understand what may lie ahead.
Texas law sets baseline penalties for DWI, but certain factors increase those penalties significantly. These aggravating factors can turn a misdemeanor into a felony. They can add years to potential prison time and thousands of dollars to fines. Our Decatur DWI defense attorney can help you understand the penalties you are facing and decide on the smartest approach for your case.
Enhancing DWI Factors in Texas
Blood Alcohol Level
Your blood alcohol concentration, or BAC, matters a lot. In Texas, you are legally intoxicated if your BAC is 0.08 or higher under Texas Penal Code Section 49.01. If your BAC was 0.15 or more, you face enhanced penalties even on a first offense, including longer jail time and ignition interlock requirements.
What Is the Difference Between Theft and Shoplifting in Texas?
Theft and shoplifting generally describe two separate types of criminal offenses. Theft may involve any situation where someone is accused of stealing money or property from someone else, while shoplifting or retail theft involves stealing merchandise from a store. Under Texas law, these offenses are classified as property crimes, and in many cases, they fall under the same general statute. Whether someone is facing an accusation of shoplifting a single item, committing theft of services, or participating in a coordinated scheme to steal merchandise, the consequences can be severe. An experienced Texas criminal defense attorney can help protect a person's rights and determine the best defense strategy based on the circumstances of the case.
Theft and Shoplifting Are Covered Under the Same Law
Offenses involving theft are addressed in Texas Penal Code § 31.03. Retail theft is covered under this statute, but it may be referred to as shoplifting because it involves stealing items from a retail business. The penalties that a person may face if they are convicted of theft or shoplifting are based on the value of the stolen property, not the methods that were allegedly used.
Can I Be Charged With Assault if There Was No Physical Contact?
Many people assume assault charges only apply if someone is physically attacked. But in Texas, prosecutors can bring assault charges even when there was no physical contact. Threats, aggressive gestures, and certain intimidating actions can all lead to criminal consequences.
If you never touched your accuser, you may still be surprised to find yourself facing assault charges. In situations like this, it is important to understand what the law says and how to defend yourself. A Decatur, TX assault defense lawyer can give you the defense you need if you have been accused of assault without ever laying a hand on anyone.
What Does Texas Law Consider Assault Without Contact?
According to Texas Penal Code §22.01, assault does not only mean hitting, punching, or shoving someone. You can be charged with assault if you:
When Does Resisting Arrest Become a Felony in Texas?
Being accused of resisting arrest is a serious matter in Texas, and in some cases, the charge can be elevated from a misdemeanor to a felony. Knowing what makes that happen is critical if you or a loved one is facing these accusations. A felony charge means higher fines, longer prison sentences, and lasting consequences. If you are dealing with this situation, speak with a Hays County, TX criminal defense attorney who understands law enforcement procedures and can build a strong defense.
What Does Texas Law Consider Resisting Arrest?
Texas Penal Code §38.03 makes it a crime to intentionally prevent or obstruct an identifiable peace officer from searching, arresting, or transporting you into custody. Despite how it may sound, "resisting" does not need to be violent or aggressive on your part. If you so much as pull away, stiffen your arms, or otherwise refuse to comply with physical attempts to detain you, you could face charges for resisting arrest.
Can I Be Arrested for Recording Someone Without Consent in Texas?
In an age of smartphones and social media, recording conversations or encounters may seem routine. However, Texas law has strict rules about when recordings are allowed. Violating these rules can result in serious criminal charges, and understanding when it is legal to record someone is essential to avoid criminal consequences.
If you are facing charges for recording someone without their consent, contact a Decatur, TX criminal defense lawyer who can review your case and advise you on how to proceed.
Is It Illegal to Record Someone Without Their Consent in Texas?
Texas is a "one-party consent" state. This means that under Texas Penal Code Section 16.02, it is generally legal to record a conversation if at least one party involved consents to the recording. In other words, if you are part of the conversation, you do not need to inform the other person that you are recording.
Is Continuous Family Violence a Separate Crime?
You have likely heard of domestic assault as a criminal charge, but you might not be familiar with the crime of continuous family violence. Yet this is indeed a crime in Texas, and if you are facing these charges you are dealing with one of the most serious domestic violence offenses in the state.
This felony charge carries severe penalties and can dramatically impact your future, making it crucial to understand what you are up against. An experienced Decatur, TX domestic violence criminal defense attorney can defend you if you have been charged with this serious crime.
What Constitutes Continuous Family Violence?
Under Texas Penal Code Section 25.11, continuous family violence occurs when someone commits two or more acts of family violence within a 12-month period. The prosecution does need to prove the exact dates of each incident. It only needs to show that multiple acts occurred during this timeframe against family or household members.
What Can I Do If I Have Been Charged With Drunk Driving?
If you have been charged with drunk driving in Texas, legally known as Driving While Intoxicated (DWI), you may be concerned that your temporary judgment error could have significant negative effects on your life. You may have heard that drunk driving in Texas can carry steep penalties, which vary depending on whether you are charged with a misdemeanor or a felony. You are likely worried about losing your driver’s license, and about the reputational harm that this charge can cause. These concerns are all understandable. You should know that an experienced Decatur, TX criminal defense attorney can advise you on what you can do if you have been charged with a DWI.
What Is Considered Drunk Driving in Texas?
Under Texas law, you are considered legally intoxicated when your blood alcohol is 0.08 percent or above or when you do not have normal mental or physical control of yourself because of the use of alcohol or other controlled substances and drugs.
What Separates Domestic Assault From Assault?
Assault and domestic assault may not seem too different from each other at first glance. But the more you look into domestic assault, the more it becomes apparent that it comes with a whole separate set of consequences. If you have been accused of domestic assault, a Texas criminal defense lawyer can help contest the charge in court.
At Godwin Law Firm, PLLC, we understand how serious the consequences of a domestic assault conviction can be. Our criminal law attorney can protect you with zealous advocacy, fighting for an ideal outcome on your behalf.
What Is a Finding of Family Violence?
If you are convicted of domestic assault, the court will make a special note in your record known as a finding of family violence. This can show up on background checks, possibly restricting your job opportunities. A finding of family violence may also adversely affect you regarding alimony, property division, child custody, and other family law disputes.
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Decatur, Texas 76234
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