San Antonio Domestic Violence Lawyer

If you have been accused of domestic violence, it’s crucial that you begin mounting a solid defense immediately. The prosecution is building its case against you at this very moment, so you need an experienced criminal defense lawyer who can help you navigate the criminal justice system. 

Barton & Associates Attorneys at Law has over 100 years of combined experience. We have successfully handled cases like yours, defending individuals throughout San Antonio, Texas, who were facing domestic violence, assault, or homicid

e charges. We are ready to put our considerable experience to use. Contact us today at (210) 500 0000 for a confidential consultation with a seasoned San Antonio domestic violence lawyer from our firm. 

How Can a Criminal Defense Lawyer Help with Domestic Violence Charges?

Facing the criminal justice system alone can be daunting. You may not know what to do or how to respond. You might try to clear your name, only to find that the police are trying to trick you or using your words against you. The prosecutor may try to take advantage of you and offer you not much less time than the maximum penalty. 

You need an experienced San Antonio criminal defense attorney who can defend your rights by:

• Reviewing the charges against you
• Listening to your story about what happened
• Identifying reasons why the alleged victim would lodge false accusations
• Filing motions to dismiss charges against you or suppress evidence
• Discussing options for a lighter sentence or reduction of criminal charges through a plea bargain
• Representing you in all legal proceedings, including at trial

At Barton & Associates Attorneys at Law, we believe that all criminal defendants have the right to quality legal representation. We welcome you to contact us for a confidential consultation.

How Is Domestic Violence Defined in Texas?

The Texas Family Code defines family violence as an act by a family or household member against another family or household member that is intended to result or serve as a threat that reasonably places the family or household member in fear of imminent:

• Physical harm
• Bodily injury
• Assault
• Sexual assault 

Family members are individuals who are related by blood or marriage, including:

• Spouses and ex-spouses
• Biological parents of the same child
• Foster children and parents
• Members or former members of the same household

This area of the law also deals with dating violence, which occurs when two people have or have a continuing relationship of a romantic or intimate nature. 

Domestic Violence Crimes Recognized in Texas

At Barton & Associates Attorneys at Law, our lawyers represent individuals accused of various crimes involving domestic violence, such as:

• Assault: Assault is defined under Texas law as intentionally, knowingly, or recklessly causing bodily injury to another, threatening imminent bodily injury, or intentionally or knowingly causing physical contact with another, knowing or reasonably believing the other will regard the contact as offensive or provocative. This definition applies even when the alleged victim is the defendant’s spouse. 
• Assault family violence: Assault family violence occurs when the assault is on a family member. This offense can be charged as a felony or misdemeanor. It is usually charged as a felony when the incident causes serious pain or injury. It may be charged as a misdemeanor offense when the injury is not serious, and this is the defendant’s first offense. 
• Assault impeding breath or circulation: Texas Penal Code Section 22.01(b)(2)(B) defines assault impeding breath or circulation as intentionally, knowingly, or recklessly impeding the normal breath or blood circulation of a person by applying pressure to their throat or neck or by blocking their nose or mouth. The person does not have to lose consciousness to be charged with this offense.
• Assault on a child, elderly person, or disabled individual: Texas Penal Code Section 22.04 criminalizes the act of intentionally, knowingly, recklessly, or with criminal negligence that results in serious bodily injury, mental impairment, or pain to a child, elderly person, or disabled person. 
• Interference with an emergency phone call: It is illegal in Texas to knowingly prevent or interfere with another person’s ability to make an emergency call or to request assistance during an emergency. 

At Barton & Associates Attorneys at Law, we are dedicated to providing a strong and strategic defense for individuals facing domestic violence charges in Texas, no matter the type. 

Domestic Violence and Protective Orders

Victims of domestic violence can seek a protective order against their alleged abuser. This is a separate civil action from your criminal case. A protective may order you to:

• Stay away from the alleged victim, their home, place of work, and other places they frequent
• Refrain from hurting, threatening, or harassing the alleged victim
• Turn over possession of any guns
• Pay child support and medical support
• Limit visitation with your children
• Submit to drug testing
• Attend anger management classes or a substance abuse treatment program
• Relocate from a shared residence

Protective orders can last for life in some situations. If you violate a protective order, you could face additional criminal charges.

What Are the Penalties for Domestic Violence Convictions?

The penalties for a domestic violence conviction depend on the crime you are charged with and how it is classified. The circumstances surrounding the offense, who the alleged victim was, and the severity of any injury they suffered can impact the crime classification. Potential criminal penalties may include:

• Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000
• Class A misdemeanor: Up to one year in county jail and a fine of up to $4,000
• State jail felony: Incarceration between 180 days and two years and a fine of up to $10,000
• 3rd-degree felony: Two to ten years imprisonment and a fine of up to $10,000
• 2nd-degree felony: Two to twenty years imprisonment and a fine of up to $10,000
• 1st-degree felony: Five to 99 years imprisonment and a fine of up to $10,000

You can also be sentenced to probation, with your life activities and freedom being further restricted. As terms of your probation, you may be required to pay victim restitution, participate in domestic violence or substance abuse counseling, and lose the right to own or possess a firearm. If you are convicted of a felony-level offense, you may find it more difficult to find a job, find housing, and receive certain benefits. 

A domestic violence conviction can also have immigration consequences. It can also impact divorce or child custody proceedings.

What Should I Do If I’m Facing Domestic Violence Charges

If you have been charged with domestic violence, it is important that you take immediate steps to protect your rights. Here are some tips on what to do and not to do when facing this situation:

• Don’t talk to the police: It’s reasonable for you to want to talk to the police and tell your side of the story. You don’t want anyone thinking of you in a negative light. However, police are not focused on exonerating suspects. Instead, they want to help the prosecutor secure convictions, so they use various tactics to try to trick suspects into making statements against their interests. Exercise your right to remain silent if police try to question you and request a lawyer.
• Don’t contact the victim: You might feel the situation has gotten blown out of proportion or wish to apologize or reconcile with the victim. However, you may be subject to a no-contact or protective order that prohibits this conduct, so contacting the victim could wind you up in more troubled waters.
• Hire an experienced criminal defense lawyer: Domestic violence convictions can have long-lasting consequences. Safeguard your rights and freedoms by contacting an experienced criminal defense lawyer who can begin to mount an immediate and robust defense on your behalf. 
• Read the charging document: Read the charging document for all relevant information. You may find inconsistencies with this information that you can raise with your attorney, who may be able to craft a legal defense that emphasizes them.

Facing domestic violence charges can be overwhelming, but by taking proactive steps and securing experienced legal representation, you can protect your rights and work toward the best possible outcome for your case.

Are There Defenses I Can Raise in a Domestic Violence Case?

You may have various defenses that you can raise in your defense, such as:

• False accusations: Many domestic violence situations arise because of bad blood between the parties. Your ex might be jealous of your new love interest or might be trying to gain an upper hand in a child custody case. 
• Self-defense: Texas laws regarding assault provide for the legal defense of self-defense.
• Defense of others: You could have been trying to protect your children or others at the time. 

An experienced criminal defense attorney can review the circumstances and explain viable defenses they can raise on your behalf. 

Contact Our Experienced Criminal Defense Attorneys for Immediate Legal Assistance

When you are facing serious charges related to domestic violence in Texas, you need an experienced legal team in your corner. A San Antonio domestic violence lawyer from Barton & Associates Attorneys at Law can review the charges against you, advise you of your legal rights, and provide zealous legal representation throughout all phases of your case. Contact us today for a confidential case review.