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Experienced Domestic Violence attorneys fighting for your rights across San Antonio Texas. We’ve successfully defended thousands of Domestic Violence cases with proven results.
What often starts as a minor miscommunication or argument can quickly develop into a dispute resulting in criminal charges. If you have been charged with an offense stemming from a domestic violence incident, a San Antonio domestic violence lawyer may be able to assist you.
A domestic violence conviction can have serious implications that go beyond the criminal justice system. These consequences can include the loss of your right to possess firearms, changes to your current custody or visitation orders, and the implementation of a protective order against you. A dedicated defense lawyer could work toward minimizing the potential impact of those charges on your life.
Pursuant to Tex. Pen. Code § 22.01, assault occurs when someone intentionally or recklessly causes bodily injury to another. However, this offense also occurs when a person has reasonably offensive or provocative physical contact with another or threatens another with imminent bodily harm.
Assault becomes a domestic or family violence offense when it involves certain family or household members defined by law. Eligible family members under Tex. Pen. Code § 71.003 include all those who are related, whether by blood, adoption, or marriage. Family members also include individuals who share a child whether they are married, separated, divorced, and regardless of whether they ever resided together. Finally, household members include anyone who lives together in the same home, no matter the nature of their relationship, as well as anyone who has ever lived together under Tex. Pen. Code § 71.006.
Assault offenses, including those against the family, can be charged as different levels of misdemeanors or felonies, depending on the situation. If the assault causes bodily injury to others, it is a Class A misdemeanor offense, but if it only involves the threat of harm or offensive contact, it is a Class C misdemeanor offense. However certain aggravating factors can increase the charge to a Class A or B misdemeanor. Potential penalties for these misdemeanor offenses are as follows:
However, there are various aggravating circumstances that can elevate a charge to a felony offense, such as using or exhibiting a deadly weapon during an assault. One such aggravating circumstance specifically involves domestic assault. If someone is accused of committing an assault against a family or household member and they have a previous domestic violence assault conviction, the charge increases to a third-degree felony.
Similarly, Tex. Pen. Code § 25.11 establishes a separate offense of continuous violence against the family. Which occurs when a person allegedly commits two or more assaults against family or household members within one year. This offense also is a third-degree felony. Which can result in a two to a ten-year prison sentence and a $10,000 fine. As the penalties for a felony domestic assault conviction can be quite serious. Those facing these charges should strongly consider consulting a San Antonio domestic violence lawyer for advice.
A domestic assault conviction can have devastating effects on your life, both in terms of criminal penalties and collateral consequences. These damaging repercussions can cause the loss of your civil rights. Increased difficulties finding a job, and an inability to pursue certain careers. In this situation, a San Antonio domestic violence lawyer may be able to provide you with the help you need.
Working with experienced legal counsel may enable you to build a strong defense against any domestic violence charges that you are facing. To get started building your case, call today.
A skilled Texas Domestic Violence Lawyer attorney with experience defending charges possesses significant knowledge in handling matters pursuant to a broad array of penal code provisions, including:
Our proven track record speaks for itself
Full dismissal of the Assault Family Violence charge, preserving the client's clean record and protecting their fundamental firearm rights.
Client avoided indictment (No-Bill issued) after the defense demonstrated the reported injuries were accidental and occurred outside the alleged domestic dispute.
Dismissal secured by successfully demonstrating to the court that the relationship did not meet the "family" definition required by the Texas statute.
Successfully challenged and had the Emergency Protective Order withdrawn during the criminal proceedings, restoring the client's residency rights.
Obtained a Not Guilty Verdict by proving significant inconsistencies between the 911 call and the alleged victim’s trial testimony.
Domestic Violence charge reduced to a minor Class C misdemeanor, specifically avoiding a permanent Family Violence finding on the client's record.
Experience, expertise, and results you can trust
Texas Board of Legal Specialization certified in criminal law
Available around the clock for urgent matters
Over 25 years of defense experience
Thousands of successful case outcomes
Every minute counts in a Domestic Violence case. Contact us immediately for a free consultation and start building your defense today.
