Assault/Family Violence

Protecting Your Rights and Reputation

The Severity of Assault and Family Violence Charges

Few criminal charges carry the same level of social stigma and severe long-term consequences as Assault and Family Violence in Texas. An arrest in San Antonio, made by officers from the SAPD or the Bexar County Sheriff’s Office, triggers immediate legal ramifications, including the issuance of emergency protective orders and potential restrictions on your ability to return home. What often starts as a heated argument can quickly escalate into a criminal charge that threatens your reputation, employment, freedom, and even your parental rights.

If you are facing an assault charge, particularly one involving family violence, you need a powerful advocate. Gordon Law PLLC provides aggressive, discreet, and knowledgeable defense for clients in San Antonio and surrounding Bexar County.

Understanding Assault and Family Violence in Texas Law

Under the Texas Penal Code, the law is broad regarding what constitutes assault. You can be charged with assault in one of three ways:

1. Intentionally, knowingly, or recklessly causing bodily injury to another person. (Most common type, usually a Class A Misdemeanor).
2. Intentionally or knowingly threatening another person with imminent bodily injury. (Usually a Class C Misdemeanor).
3. Intentionally or knowingly causing physical contact with another person when the person knows or should reasonably believe that the other person will regard the contact as offensive or provocative. (Usually a Class C Misdemeanor).

Assault Bodily Injury – Family Violence

When the alleged victim is a family member, household member, or dating partner, the charge is classified as Assault Bodily Injury—Family Violence. This designation significantly increases the stakes, as the consequences of a conviction are far-reaching:

• First Offense: Typically a Class A Misdemeanor, punishable by up to one year in county jail and a $4,000 fine.
• Enhanced Felonies: A second conviction for Family Violence is automatically a Third-Degree Felony, punishable by 2 to 10 years in state prison and a $10,000 fine. Assault involving choking or suffocation (impeding breath or circulation) is also a Third-Degree Felony, even on a first offense.

Collateral Consequences of a Family Violence Conviction

Beyond jail time and fines, a conviction for Family Violence in San Antonio carries severe, life-altering collateral consequences:

• Firearm Prohibition: Federal law permanently strips individuals convicted of a misdemeanor crime of domestic violence of their right to possess or purchase a firearm.
• Employment: The stigma of a conviction can make it nearly impossible to obtain or maintain employment, especially in fields requiring professional licensing.
• Child Custody: Family violence findings can severely impact your parental rights and child custody arrangements in Bexar County Family Courts.
• Protective Orders: The court may issue a Protective Order, restricting contact with the alleged victim and potentially forcing you out of your home for up to two years.

Building Your Assault and Family Violence Defense

The San Antonio District Attorney’s office has a strict “no-drop” policy in many Family Violence cases, meaning the State will often pursue charges even if the alleged victim recants or refuses to cooperate. This makes a robust defense strategy essential.

Effective defenses in assault and family violence cases include:

• Self-Defense: The most common defense. Texas law allows you to use force to defend yourself against another person’s use or attempted use of unlawful force. The defense attorney must demonstrate that you reasonably believed the force was immediately necessary.
• False Allegations: Unfortunately, these cases can arise from emotional, volatile situations where one party makes false or exaggerated claims. We rigorously investigate the complainant’s credibility, motives, and history.
• Lack of Intent/Accident: Arguing that the contact or injury was accidental, and you did not possess the necessary criminal intent to cause bodily injury or make offensive contact.
• Mistaken Identity: Arguing that you were not the perpetrator.
• Constitutional Violations: Challenging the validity of the arrest, the interrogation process, or any violation of your fundamental rights.

Immediate Action is Crucial in San Antonio

If you’ve been arrested for Assault or Family Violence in the San Antonio area, you need to act fast. An attorney can immediately work to challenge any Emergency Protective Orders (EPOs), gather evidence, interview witnesses, and begin building a strong defense to protect your name and your freedom.

Gordon Law PLLC offers a dedicated, confidential defense. We provide free consultations to discuss the difficult details of your case, and we offer flexible payment plans because we believe everyone deserves a powerful defense, regardless of their financial situation. Don’t let an allegation define your future.

Call us today for a free consultation.

Gordon Law PLLC

600 W. 28th Street, Suite #106A Austin, Texas 78705

512-678-9333 (WEED)

Legal Disclaimer: The content of this article is intended for informational purposes only and does not constitute legal advice. The information provided is general in nature and may not apply to your specific legal situation. Viewing this content or contacting Gordon Law PLLC does not create an attorney–client relationship. You should consult with a qualified criminal defense attorney to discuss the specific facts of your case.