Fighting for Your Name and Rights in Hays County
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Few criminal allegations carry the immediate social and legal stigma of Assault and Family Violence charges. In San Marcos, Texas, and across Hays County, these cases are prosecuted with extreme vigilance, often resulting in immediate arrests and the issuance of emergency protective orders. An accusation—even if based on a misunderstanding or false statement—can instantly jeopardize your freedom, your reputation, your career, and your relationship with your children.
If you have been arrested for or are under investigation for Assault or Family Violence in the San Marcos area, you need an aggressive, compassionate criminal defense attorney on your side immediately. The attorneys at Gordon Law PLLC are experienced in navigating the complexities of Texas family violence laws and are committed to mounting a tenacious defense designed to protect your rights, clear your name, and secure the best possible resolution.
The Severity of Assault and Family Violence in Texas Law
Under the Texas Penal Code, the term “Assault” is broad, but when the alleged victim is a “family member,” “household member,” or “dating partner,” the charge is elevated to Assault/Family Violence and carries significantly enhanced penalties and collateral consequences.
Common Charges and Penalties
| Offense | Classification | Potential Penalty | Key Differentiating Factor |
| Simple Assault (Threat or Offensive Contact) | Class C Misdemeanor | Fine up to $500 | Threatening bodily injury or causing offensive/provocative physical contact. |
| Assault Causing Bodily Injury | Class A Misdemeanor | Up to 1 year in jail and/or $4,000 fine | Intentionally, knowingly, or recklessly causing bodily injury. |
| Assault (Family Violence) – 1st Offense | Class A Misdemeanor | Up to 1 year in jail and/or $4,000 fine | Charged when the victim is a family/household member or dating partner. |
| Assault (Family Violence) – Enhanced | Third-Degree Felony | 2 to 10 years in prison and/or a $10,000 fine | If the defendant has a prior conviction for Family Violence, or if the assault involved choking or strangulation. |
A conviction for any family violence offense results in a “Family Violence” finding that carries profound, lifelong consequences.
Severe Collateral Consequences of a Family Violence Finding
A Family Violence finding in Texas is not just an entry on your criminal record; it is a legal designation that can destroy your life. These consequences are often more damaging than the direct penalties:
- Firearm Rights: A conviction for misdemeanor or felony Family Violence results in the permanent loss of your right to own or possess a firearm under federal law (the Lautenberg Amendment).
- Child Custody and Divorce: The finding can be used against you in Family Court, potentially leading to the loss of custody, supervision during visitation, and negative outcomes in divorce proceedings.
- Immigration: Family Violence convictions are considered “crimes of moral turpitude” and “aggravated felonies” that can lead to deportation for non-U.S. citizens.
- Inability to Expunge: Unlike other Class A misdemeanors, a Family Violence conviction often cannot be expunged from your record, making it a permanent public mark.
Strategic Defense for Assault and Family Violence Cases
In Hays County, prosecutors often rely solely on the alleged victim’s statement and police testimony. However, victims sometimes recant their statements, or evidence can show the original allegations were exaggerated, false, or made in a moment of extreme distress. Our defense strategy will include:
- Self-Defense/Defense of Others: Arguing that your actions were necessary to protect yourself or another person from an imminent threat of harm. This is a crucial defense often overlooked by less experienced attorneys.
- False Allegations: Proving the accusation was fabricated or exaggerated, possibly motivated by factors like divorce, child custody disputes, or retaliation.
- Disputing “Bodily Injury”: Challenging whether the contact rose to the legal definition of “bodily injury,” which in Texas is a low threshold.
- Challenging Witness Credibility: Scrutinizing the credibility of the alleged victim and other witnesses, including the police officer who made the arrest.
- Illegal Arrest/Evidence Suppression: Investigating whether law enforcement violated your Fourth Amendment rights during the investigation or arrest.
You are presumed innocent until proven guilty, and the experienced criminal defense lawyers at Gordon Law PLLC will use every tool available to uphold that fundamental right.
Don’t Face the System Alone—Call Gordon Law PLLC
If you’re facing Assault or Family Violence charges in San Marcos, you need an attorney who will be your voice and your shield against the full force of the state. We are dedicated to providing clear, aggressive legal counsel to help you navigate this difficult time.
Protect your future, your freedom, and your family relationships. Contact Gordon Law PLLC immediately for a free, confidential consultation. We are dedicated to making premier legal defense accessible through flexible payment plans.
Contact Gordon Law PLLC
Gordon Law PLLC 600 W. 28th Street, Suite #106A
Austin, Texas 78705
512-678-9333 (WEED)
We offer free consultations and flexible payment plans.
Legal Disclaimer: The content of this article is for informational purposes only and is not legal advice. It is not a substitute for consulting with a qualified attorney regarding your specific situation. Reviewing this information does not create an attorney–client relationship between you and Gordon Law PLLC.
