Domestic Violence and Family Violence Charges in Texas

Family violence charges in Texas carry consequences far beyond the courtroom. Under Texas Penal Code § 22.01, an assault becomes a family violence offense when it involves a family member, household member, or someone you are in a dating relationship with. Even a first-time misdemeanor family violence conviction can result in up to one year in county jail and a fine of up to $4,000. More importantly, it creates a permanent record that cannot be expunged, affects your right to possess firearms under both state and federal law, and can be used to enhance future charges to a felony.

Many domestic violence arrests happen during emotionally charged situations where police are under pressure to make an arrest — even when the evidence is weak or the story is one-sided. As a former police officer, Kenneth Mitchell knows exactly how these investigations are conducted, what corners get cut, and where the weaknesses are. We challenge the probable cause for the arrest, interview witnesses the police overlooked, and fight for dismissals, reductions, and acquittals. If you have been accused of domestic violence in Harris County or surrounding areas, contact KVM Law Firm immediately. Early intervention by a defense attorney can make a significant difference in the outcome of your case.

Unlawful Carrying of a Weapon (UCW) and Weapons Charges

Texas has some of the most permissive gun laws in the country, but that does not mean you cannot be charged with a weapons offense. Under Texas Penal Code § 46.02 and § 46.04, you can face serious criminal charges for carrying a weapon in a prohibited location, possessing a firearm as a convicted felon, carrying while intoxicated, or possessing prohibited weapons like short-barreled firearms, explosive devices, or certain knives in restricted areas.

Unlawful carrying of a weapon is typically a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. However, if you have a prior felony conviction, unlawful possession of a firearm becomes a third-degree felony carrying 2 to 10 years in prison. Weapons charges are often added on top of other offenses like DWI, drug possession, or assault — making an already serious situation much worse. We review every detail of the stop, the search, and the seizure of the weapon to determine whether your rights were violated. If law enforcement conducted an illegal search, we file motions to suppress the evidence and fight to get the charges reduced or dismissed entirely.

Drug Possession and Drug Crime Defense

Drug charges in Texas range from misdemeanor possession of a small amount of marijuana to first-degree felony charges for manufacturing or delivering controlled substances. The penalties depend on the type of substance, the quantity, and whether the State alleges intent to distribute. Possession of less than two ounces of marijuana is a Class B misdemeanor, while possession of a controlled substance like cocaine, methamphetamine, or fentanyl — even in small amounts — can be charged as a state jail felony or higher.

Many drug cases begin with a traffic stop, and the legality of that stop is often the key to the entire defense. Was the officer’s reason for pulling you over legitimate? Did they have probable cause to search your vehicle? Were field tests properly administered? Were your Miranda rights respected? These are the questions that determine whether the evidence against you is admissible in court. At KVM Law Firm, we scrutinize every step of the investigation. Kenneth Mitchell’s background in law enforcement gives him a unique perspective on how officers conduct searches and build drug cases — and where those cases fall apart.

Assault and Aggravated Assault Defense

Assault charges in Texas cover a wide range of conduct, from a Class C misdemeanor for a threat of bodily harm to a first-degree felony for aggravated assault against a public servant. Under Texas Penal Code § 22.01, simple assault involving bodily injury is a Class A misdemeanor with up to one year in jail. Aggravated assault — which involves serious bodily injury or the use of a deadly weapon — is a second-degree felony punishable by 2 to 20 years in prison.

Assault cases often come down to conflicting accounts of what happened. Self-defense, defense of others, and mutual combat are all legitimate legal defenses that can result in a dismissal or acquittal. We conduct thorough investigations into the circumstances surrounding the incident, gather witness statements, review surveillance footage, and challenge the credibility of the accuser’s version of events.

Theft, Shoplifting, and Property Crimes

Theft offenses in Texas are classified based on the value of the property taken. Shoplifting items valued under $100 is a Class C misdemeanor, while theft of property valued between $2,500 and $30,000 is a state jail felony. Theft over $300,000 becomes a first-degree felony. Even a misdemeanor theft conviction can damage your reputation, affect your employment, and appear on background checks for years. We handle all levels of theft charges and work aggressively to protect your record, pursuing dismissals, deferred adjudication, and other outcomes that keep a conviction off your record whenever possible.

Racing Charges & Vehicle Forfeiture Defense

Harris County has ramped up enforcement of street racing, and the consequences go far beyond a traffic ticket. Racing on a highway under Texas Transportation Code § 545.420 is a Class B misdemeanor for a first offense and a Class A misdemeanor for a second offense. Even worse, the State can file a civil asset forfeiture action to permanently seize your vehicle. Attorney Kenneth V. Mitchell has fought racing charges and vehicle forfeiture cases in Harris County — he knows how to defend both the criminal case and the fight for your car.