If you have been accused of domestic violence in San Antonio or surrounding areas, you must acquire the services of the very best defense attorney. If you’re convicted of some form of domestic/family violence you could be faced with both a stiff fine and a lengthy prison term, as well as permanent and irreparable harm to your reputation.
Texas’ Definition of Assault
To understand domestic violence in our state, it is essential to know the definition of assault under Texas law. In Texas, assault is defined as a person intentionally, knowingly, and/or recklessly causing bodily harm to another individual. Examples of harm that involve physical contact could include, among others:
San Antonio – Domestic Violence Relationship Definitions
A charge of domestic assault in Texas involves an allegation that an assault was knowingly committed against a family member. Under Texas law, the definition of an alleged victim in a family violence case is very broad and includes the following relationships:
· Related by blood or marriage
· A former spouse or partner
· Parents of the same child
· Foster parent and child
· Stepparent and child
· Another member of the household, such as an elderly parent
· Current or former co-residents
· Current or former dating or romantic partner
Examples of Domestic Assault
In Texas, actions such as hitting, choking, slapping, and pulling hair are all examples of assault, as well as threatening to do the kinds of acts that would inflict physical harm.
Other very serious examples of domestic assault include
· Sexual abuse involving unwanted touching, demeaning behavior, and rape.
· Emotional abuse, destroying a person’s self-worth by insults, humiliation, or criticism.
· Financial abuse, preventing the other party from accessing money or earning their own wages.
· Psychological abuse, a catchall term for intimidating, threatening, or fear-causing behavior.
Is Domestic Violence A Felony in Texas?
For domestic assault, you could be charged with either a misdemeanor or a felony, depending on the nature of your alleged crime.
Domestic assault involving threats of harm or provocative or offensive conduct is considered a class C misdemeanor. These are punishable by a fine up to $500. If the victim suffers physical harm, the offense becomes a class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
An assault that involves an injury becomes a third-degree felony if the accused has any prior domestic assault convictions or the event involved suffocation or strangulation. If convicted, the offender could serve up to 10 years in prison and be fined up to $10,000.
Criminal Law Penalties for Aggravated Domestic Assault
A person can be accused of aggravated domestic assault if the assault causes serious bodily injury or involves the use or even the exhibition of a deadly weapon. A deadly weapon can be characterized as an object capable of causing serious bodily injury or death.
Conviction carries with it imprisonment from 5 to 99 years and a fine of up to $10,000.
Penalties for Continuous Violations Against the Family
By committing two or more domestic assaults within 12 months, an individual in Texas can be convicted of continuous violence against the family, even if the previous assaults led to neither an arrest nor a conviction. This is considered a third-degree penalty and carries a penalty of 2 to 10 years in prison and a fine of up to $10,000.
Family Violence Lawyers In San Antonio, TX
We readily concede that domestic assault or family violence charges are very serious offenses never to be taken lightly. We also know that each year thousands of innocent men and women in Texas are falsely accused of domestic assault by opposing parties trying to gain some legal advantage over them.
From this summary our domestic violence attorneys have provided, you can tell that conviction can potentially lead to an extended prison term and substantial fine, but the cost goes far beyond that. A conviction under this area of law, could lead to felony charges as well as cost you custody of your children, prohibit you from owning a firearm and ruin your reputation with family, friends, and potential employers.
If you have been wrongly accused of domestic violence, you need the assistance of a skilled domestic violence defense lawyer to stand by your side. The domestic violence lawyers at the Hernandez Law Office can provide that support and assistance.
Backed by years of experience, we can help protect your rights, and if you have been wrongly accused under domestic violence charges, we urge you to reach out to our firm to schedule your initial free consultation.
Don’t delay, contact the Hernandez Law Office today!
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