Assault & Domestic Violence Defense in Texas: Protecting Your Rights and Future

A conviction for assault family violence in Texas can trigger deportation proceedings, even for a misdemeanor with no jail time. This startling reality highlights the severe, life-altering consequences of these charges that extend far beyond court fines. At Barton & Associates, Attorneys at Law, we understand that an assault or domestic violence accusation in Texas is more than a legal matter—it is a direct threat to your freedom, reputation, family, and future. Our seasoned criminal defense attorneys provide the aggressive, strategic representation necessary to counter these high-stakes allegations.

Understanding Assault and Domestic Violence Charges Under Texas Law

In Texas, the legal definitions for assault and domestic violence are specific and broad. Assault is defined under Penal Code Section 22.01 and can include intentionally, knowingly, or recklessly causing bodily injury; threatening another with imminent bodily injury; or causing physical contact the offender knows will be regarded as offensive or provocative.

When this conduct is directed toward a “family member,” it becomes assault family violence. Texas law defines “family” expansively to include:

• Blood relatives (consanguinity)
• Relations by marriage (affinity), such as a spouse or in-laws
• Current or former household members
• Individuals in a dating relationship, including past and present romantic or intimate partners

This means a conflict with a roommate, a dating partner, or a former spouse can all lead to a domestic violence charge. The label “family violence” carries enhanced penalties and collateral consequences compared to a simple assault.

Potential Penalties: From Misdemeanor to Felony

The severity of the charge depends entirely on the circumstances. A single misstep can escalate a case dramatically.

Misdemeanor Charges

For a first-time offense without serious injury or a weapon, assault family violence is typically charged as a Class A misdemeanor. This carries a penalty of up to one year in county jail and a fine of up to $4,000. Even a Class C misdemeanor for offensive contact can result in a fine and a permanent mark on your record.

Felony Charges

Circumstances that elevate the charge to a felony include:

• A Prior Conviction: If you have a previous conviction for family violence, a new charge can be filed as a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
• Strangulation: Impeding normal breathing or blood circulation by applying pressure to the throat or neck automatically elevates the charge to a third-degree felony.
• Use of a Deadly Weapon or Serious Bodily Injury: These aggravating factors can lead to a second-degree felony charge, with a punishment range of 2 to 20 years in prison.
• Continuous Violence Against the Family: If you are accused of assaulting family or household members two or more times within 12 months, you can be charged with a third-degree felony, even if no prior convictions exist.

The Devastating Collateral Consequences of a Conviction

The long-term “collateral consequences” often outweigh the immediate penalties. A conviction can result in:

• Loss of Professional Licenses: Nurses, realtors, attorneys, and other licensed professionals can lose their state-issued credentials.
• Loss of Firearm Rights: A misdemeanor family violence conviction results in a lifetime federal ban on possessing firearms. A felony conviction adds a state-level prohibition.
• Impact on Family Law Cases: A finding of family violence can be used against you in divorce or child custody proceedings, potentially affecting parental rights and property division.
• Deportation: For non-citizens, a family violence conviction—whether a misdemeanor or felony—is a deportable offense and can block a path to citizenship.
• Employment and Housing Barriers: A permanent criminal record shows up on background checks, making it difficult to secure a job, rent an apartment, or obtain credit.

Our Strategic Defense Approach for Assault & Domestic Violence Cases

At Barton & Associates, we know that every case is unique. Our defense begins with immediate intervention and a meticulous, multi-phase strategy designed to protect you at every step.

Phase 1: Immediate Case Assessment & Early Intervention

Time is critical. We act quickly to secure your release and conduct a preliminary analysis. We also advise you on dealing with emergency protective orders, which are often filed automatically in these cases and carry strict, immediate conditions.

Phase 2: Meticulous Investigation & Evidence Challenge

We build your defense by scrutinizing every detail:

• Reviewing All Evidence: We obtain and analyze police reports, 911 call recordings, body-worn and dash camera footage, and witness statements.
• Examining the Allegation: We look for inconsistencies, motives for false accusations (common in contentious divorces or custody battles), and a lack of physical evidence to support the claims.
• Filing Pre-Trial Motions: If evidence was obtained through an unlawful stop, arrest, or search, we file motions to have it suppressed and thrown out.

Phase 3: Asserting a Powerful Legal Defense

Based on the facts, we develop a robust defense strategy. Common defenses in assault and domestic violence cases include:

• Self-Defense or Defense of Others: You had a reasonable belief that force was immediately necessary to protect yourself or someone else from harm.
• False Allegation: The accusation is fabricated, often due to jealousy, revenge, or to gain an advantage in a child custody dispute.
• Lack of Intent or Accident: The incident was reckless or accidental, not an intentional, knowing, or reckless act as the law requires.
• Misidentification or Mistaken Identity: You were not the person who committed the act.

Phase 4: Pursuing the Optimal Resolution

Our goal is always the best possible outcome. This may mean:

• Case Dismissal: If the evidence is weak or rights were violated, we push for the charges to be dropped entirely.
• Reduction of Charges: Negotiating to reduce a felony to a misdemeanor or a Class A to a Class B misdemeanor to limit penalties.
• Pre-Trial Diversion: For eligible first-time offenders, we pursue programs that can lead to a dismissal upon completion of counseling or community service.
• Aggressive Trial Advocacy: If a fair settlement is not possible, our experienced trial attorneys are prepared to present your defense compellingly to a judge or jury.

Why Choose Barton & Associates for Your Defense?

When your future is on the line, you need more than just a lawyer; you need a dedicated advocate with proven experience.

• Former Prosecutorial Insight: Our team includes attorneys with experience on the prosecution side, giving us invaluable insight into how the state builds its case.
• Local Courtroom Expertise: We have deep knowledge of the local courts, judges, and prosecutors in San Antonio, Austin, and Corpus Christi, which is critical for navigating your case effectively
• A Record of Success: With decades of combined experience and a history of successful results—from dismissals to favorable jury verdicts—we have the skill to fight for you.
• Compassionate, Client-Focused Representation: We treat you with respect and dignity, keeping you informed and involved at every decision point.

Act Now to Protect Your Future

An assault or domestic violence charge will not resolve itself. The prosecution begins building its case from the moment of arrest. Do not speak to investigators or make any statements without an attorney. Exercise your right to remain silent and your right to legal counsel immediately.

Contact Barton & Associates, Attorneys at Law, today for a confidential case evaluation. Call our office at 210-500-0000. Let our experienced criminal defense team protect your rights, your freedom, and your future.