San Marcos Assault Family Violence Lawyers
Defending Against Domestic Violence Charges in Texas
Generally, assault family violence involves causing harm to a family or household member or a dating partner. Although some offenses falling under this definition are indeed misdemeanors, others are felonies. Either way, being accused can lead to incarceration and or fines. Additionally, the allegations alone can affect the individual's relationships, making it difficult to live their lives as they once did. The State takes assault family violence cases very seriously, as these matters can result in severe injury to others. Thus, the prosecutor will seek maximum penalties to show that such conduct is not merely a family matter but a legal one that will not be tolerated. If you have been charged with an assault family violence offense in San Marcos, you need a lawyer on your side ready to go up against a staunch opponent.
At Smith & Vinson Law Firm, we are ready to put our knowledge and skills to work for you. Our San Marcos assault family violence attorneys have extensive experience handling even the most challenging cases. We know what it takes to seek favorable results. We want to hear your side of the story to get a complete picture of the events leading up to your arrest. Once we get the facts and learn about what happened from your perspective, we can develop an aggressive strategy tailored just for you.
Get started with a free consultation with our San Marcos assault family violence lawyers by contacting us at (512) 359-3743 today.
What Is Assault Family Violence in Texas?
Assault family violence occurs when a family or household member or dating partner causes or attempts to cause injury to someone with whom they are in a close relationship.
Who is considered a family or household member in Texas?
Chapter 71 of the Texas Family Code defines these relationships in the following ways:
- Family members:
- Spouses
- Former spouses
- People with a child together
- Foster parents and foster children
- Household members:
- People living together in the same residence
- Dating partners:
- People in an intimate or romantic relationship
The conduct engaged in against the alleged victim may, but does not always, include physical force. In some cases, accusations and charges can arise when an individual threatens to harm a family or household member or dating partner and causes psychological or emotional harm.
Acts of family violence include but are not limited to:
- Causing or attempting to cause physical injury or sexual assault
- Placing someone in fear of imminent bodily injury
- Abusing a child in the family or household
- Committing violence against a dating partner
Types of Assault Family Violence in Texas
Because assault family violence covers a range of conduct against a family or household member or dating partner, several acts can be pursued as an offense. The laws concerning assault family violence are not separate from those prohibiting violent crimes in general. Rather, assault family violence is prosecuted under various statutes enumerated in the Texas Penal Code.
Examples of the laws assault family violence can be pursued under include:
- Assault (Texas Penal Code § 22.01): Assault occurs when someone causes or threatens to cause bodily injury to another or touches another in an offensive or provocative manner.
- Aggravated assault (Texas Penal Code § 22.02): A person may be charged with aggravated assault if they commit assault and cause serious bodily injury or use a deadly weapon during the offense.
- Continuous violence against the family (Texas Penal Code § 25.11): This charge is levied when someone engages in two or more assault family violence offenses in 12 months or less.
During this difficult and overwhelming time, it can feel as if the justice system is stacked against you. But do not lose hope. You can fight your charge and seek an optimal result. Our San Marcos assault family violence lawyers are here to help.
Navigating a Texas Assault Family Violence Case
From the initial report to sentencing of the defendant (if convicted), various stages are involved in an assault family violence case.
Some of the steps an assault family violence case may go through include:
- Report: The alleged victim or a witness calls the police about a possible domestic disturbance.
- Protective order: The alleged victim may seek a protective order against the alleged actor, which places restrictions on what the individual can or can’t do. Violating a protective order can result in a fine of up to $500 and/or jail time of up to 6 months.
- Criminal complaint: The arriving officers will record their observations and write about an official statement about the alleged incident.
- Charges filed: Law enforcement officials will send the report to the prosecutor, who reviews it to determine whether enough evidence exists to pursue the case.
- Arraignment: The alleged actor must attend an initial appearance in court where the judge reads the charges.
- Plea negotiations: The alleged actor’s defense lawyer may negotiate with the prosecutor to seek a resolution outside of trial.
- Trial: If the case is not resolved through negotiations, it will go to trial, where a judge or jury will hear the evidence and decide whether it proves guilt beyond a reasonable doubt.
- Sentencing: If the trier of fact is convinced of the defendant’s guilt, the defendant may be sentenced to a term of incarceration and/or a fine.
Throughout the criminal justice process, our San Marcos assault family violence attorney will stand by your side. We will ensure that you understand how your case may progress and your legal options at every stage.
Penalties for Assault Family Violence
Assault family violence crimes range from misdemeanors to felonies. Thus, the exact penalties imposed upon a conviction depend on the severity of the offense, and thereby, the level of the charge.
Examples of sanctions levied for the different violations include:
- Assault involving a threat or offensive or provocative touching:
- Class C misdemeanor
- Up to $500 in fines
- Assault causing bodily injury:
- Class A misdemeanor
- Up to 1 year of incarceration and/or
- Up to $4,000 in fines
- Assault causing bodily injury where the defendant has a previous conviction, or the offense involved strangulation:
- Third-degree felony
- Between 2 and 10 years of imprisonment and/or
- Up to $10,000 in fines
- Assault causing bodily injury where the defendant has a previous conviction and the offense involved strangulation:
- Second-degree felony
- Between 2 and 20 years of imprisonment and/or
- Up to $10,000 in fines
- Aggravated assault:
- Second-degree felony
- Between 2 and 20 years of imprisonment and/or
- Up to $10,000 in fines
- Aggravated assault where the defendant used a deadly weapon and caused serious bodily injury:
- First-degree felony
- Between 5 and 99 years of imprisonment and/or
- Up to $10,000 in fines
- Continuous violence against the family:
- Third-degree felony
- Between 2 and 10 years of imprisonment and/or
- Up to $10,000 in fines
Not only could you face incarceration and/or fines if convicted of assault family violence, but you could also suffer various collateral consequences. For instance, having a mark on your criminal record can make it difficult for you to get a job or find a place to live. At Smith & Vinson Law Firm, we will work hard toward a favorable result on your behalf, seeking to avoid or minimize penalties.
Contact Our San Marcos Assault Lawyers Today
Fighting domestic violence charges takes skill and tenacity. Our team is ready to provide the legal representation you need to challenge the accusations against you.
Call (512) 359-3743 or submit an online contact form to speak with our San Marcos assault family violence attorneys.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation