Criminal Defense

Domestic Assault

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Domestic assault is described in the main Texas assault statute (Texas Penal Code § 22.01), but these cases often have additional considerations that distinguish them from other assault charges. Prosecutors take domestic assault allegations very seriously and Texas laws can provide additional charges and penalties to those convicted. If you have been charged with an assault that took place in your household, the time to speak with legal counsel is now.

What is Domestic Violence?

Many people find themselves wondering what the difference is between domestic violence and domestic assault. In most cases, domestic assault eventually leads domestic violence and it’s normally categorized as more emotional. It’s when someone induces the fear of violence and there is more mental abuse involved than there is physical. If you’ve been charged with domestic violence, the case is taken seriously. If you have been charged with either domestic violence or assault, you should seek a domestic violence lawyer immediately. Only a seasoned attorney can aid in navigating the charges, establishing a defense, and helping the accused understand the ramifications of what they are charged with.

What Are the Types of Domestic Violence?

There are several types of domestic violence that you can be charged with, including:

  • Physical Abuse: This is the most recognizable form of domestic violence as it involves the use of force which causes injury. Physical abuse is often the most thought of form of domestic violence, as it’s the most noticeable. Any form of physical assault, whether it’s a slap, punch or worse, can be considered physical abuse and result in a domestic violence charge.
  • Emotional Abuse: This comes in the form of destructing a victim’s self-worth by insults, humiliation, or criticism. Emotional and psychological abuse are often the first accusations made in domestic cases. Being charged with these types of domestic violence situations can be just as difficult as physical assault cases. When faced with these situations, contacting us immediately is your best option.
  • Sexual Abuse: Sexual abuse is one of the most severe forms of domestic violence one can be accused of and can consist of many aspects, including unwanted touching, demeaning behaviors and rape. If you feel someone is falsely accusing you of any form of sexual abuse, speaking with a sex crimes attorney here at Jesse Hernandez Law is your best course of action going forward.
  • Financial Abuse: Financial abuse is another allegation one may find themselves facing in domestic assault situations. In these cases, accusations are often associated with one member of the partnership preventing the other from accessing money or earning their own wage. Financial abuse can happen when a husband prevents his wife from obtaining an education or job or any other form of control that has a monetary value attached to it.
  • Psychological Abuse: This is similar to emotional abuse but is also the catchall term for intimidating, threatening, or fear-causing behavior.

At the Law Office of Jesse Hernandez, we are equipped to be your criminal defense attorney when facing any of these situations. The penalties and consequences for any of these types of domestic violence can be quite severe and result in the need to contact an attorney. If you need a reputable defense attorney, the Law Office of Jesse Hernandez is here to listen and offer professional help.

At the Law Office Of Jesse Hernandez, our experienced and dedicated San Antonio criminal defense lawyer is well-versed in the obstacles the accused face when charged with domestic assault. That is why we pride ourselves on providing aggressive counsel that makes our clients’ rights and interests an absolute priority throughout every stage of their case.

You do not have to face this ordeal without an advocate in your corner. Call us at 210-265-6564 today.

Felonies & Misdemeanors

Like other assault charges, domestic assault offenses can be considered either a misdemeanor or a felony depending on the circumstances of the alleged incident. In most cases, it will be considered a simple assault, which is considered a Class A misdemeanor.

There are however, some cases in which domestic assault will be considered a felony:

  • If there was serious bodily injury
  • If there were deadly weapons involved
  • If the accused has prior domestic assault convictions

It is important to note that if the defendant is charged and convicted of two domestic assault crimes over a 12-month period, then they can be additionally charged with “continuous violence against the family,” which is considered a third-degree felony. No matter what the circumstances of your assault charge might be, it is essential that you have your case examined by a proven legal counselor ready to look after your interests and ensure that your case receives the scrutiny it deserves.

Do not hesitate to start countering the state’s case against you. Use our online form to request a free case evaluation today.

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