Spousal Abuse Criminal Defense Attorney in Midland

Defense Counsel Who Knows How Midland Prosecutors Build These Cases

Before Attorney Tommy Hull represented defendants, he prosecuted family violence cases at the Midland County District Attorney’s Office, advancing from misdemeanor prosecutor to trial team chief felony prosecutor. That experience shapes how he approaches every spousal abuse defense. He knows which evidence the DA’s office weighs most heavily, how charging decisions get made, and where these cases are most vulnerable to challenge.

An accusation is not a conviction. The state carries the burden of proving guilt beyond a reasonable doubt, and that burden can be difficult to meet in cases built largely on conflicting accounts. Tommy W. Hull, PC defends clients in Midland County and Odessa. A free consultation is available to discuss the situation before the first court appearance.

Facing spousal abuse charges in Midland? Call (432) 223-0044 to speak with a defense attorney who has worked both sides of these cases.

How Texas Law Defines Spousal Abuse

Texas doesn’t have a standalone spousal abuse statute. Charges are brought under Texas Penal Code 22.01 (assault), with a family violence designation applied based on the relationship between the parties. That designation covers current and former spouses, current and former dating partners, and household members as defined under Texas Family Code 71.005. The family violence designation is what triggers enhanced penalties, mandatory protective orders, and the collateral consequences that follow a conviction.

Physical contact isn’t required for charges to apply. Threatening conduct that places a spouse in reasonable fear of bodily injury can support a charge under Texas Penal Code 22.01. Once law enforcement files charges, the case belongs to the state. Whether or not the alleged victim later wishes to withdraw the complaint, the Midland County DA’s Office decides whether to proceed.

What a Spousal Abuse Charge in Midland Actually Costs You

Assault causing bodily injury against a spouse is typically charged as a Class A misdemeanor, carrying up to one year in county jail and a fine up to $4,000. Strangulation or suffocation elevates the charge to a third-degree felony on the first offense, with a sentencing range of 2 to 10 years in prison. A prior family violence conviction involving a family member, household member, or dating partner elevates a subsequent spousal assault to a third-degree felony as well.

The collateral consequences often outlast any sentence. Any family violence conviction, misdemeanor or felony, triggers permanent loss of firearm rights under both Texas law and the federal Lautenberg Amendment, which prohibits firearm possession by anyone convicted of a qualifying domestic violence offense. The conviction enters the public record and is available in divorce and child custody proceedings, where it can affect conservatorship, property division, and visitation. Probation may include mandatory participation in a batterer’s intervention program.

Defense Strategy for Spousal Abuse Cases in Midland

Attorney Hull’s time as a trial team chief felony prosecutor at the Midland County DA’s Office gives him direct knowledge of how that office evaluates evidence and assesses cases for trial. He applies that knowledge to identify weaknesses in the state’s case as early as possible.

Defense avenues depend on the specific facts, but several arise frequently in spousal abuse cases:

• Lack of intent: Assault under Texas Penal Code 22.01 requires intentional, knowing, or reckless conduct. Accidental acts don’t qualify, and the prosecution must establish the required mental state.
• Self-defense: Texas law recognizes the right to use force when a person reasonably believes it’s necessary. Once self-defense is raised and supported by some evidence, the burden shifts to the prosecution to disprove it.
• False accusations: Allegations arising during divorce or custody disputes warrant close scrutiny of the accuser’s motive, the consistency of their statements, and the credibility of their account.
• Challenging the family violence designation: Where the qualifying relationship between the parties is disputed, the designation itself may be challenged.

When a complaining spouse recants, the Midland County DA’s Office may still proceed if independent evidence exists. Understanding how that office weighs those decisions is part of building an effective early defense. Attorney Hull secured a jury verdict of not guilty in an Assault Family Violence by Strangulation case, one of the most serious charge levels these allegations can reach.

Speak with a Midland Spousal Abuse Defense Lawyer Today

A spousal abuse charge reaches into nearly every part of a person’s life, from freedom and firearm rights to family court proceedings. Tommy W. Hull, PC provides defense counsel for clients in Midland County and Odessa, with a free consultation available to review the charges and outline available options.

Call (432) 223-0044 or contact Tommy W. Hull, PC online to schedule a free consultation with a spousal abuse criminal defense attorney in Midland.