Defending Your Rights in Domestic Violence Weapon Cases in San Antonio

When Domestic Disputes Intersect with Weapon Laws: A Critical Legal Crossroads

In San Antonio and across Texas, allegations of domestic violence that involve weapons create one of the most serious and complex legal challenges you can face. These cases sit at the volatile intersection of family law and criminal law, where intense emotions meet strict statutory penalties. A single allegation can trigger severe state charges like Aggravated Assault with a Deadly Weapon and, simultaneously, invoke harsh federal prohibitions that strip you of your gun rights. At Barton & Associates, our criminal defense attorneys bring focused experience and a nuanced understanding of this high-stakes legal area. We defend clients in Bexar County against the full spectrum of domestic violence weapon offenses, protecting not only your immediate freedom but also your constitutional rights, your reputation, and your future.

The presence of a weapon—or even the alleged threat of one—transforms a domestic dispute into a potential felony with mandatory consequences. Prosecutors and law enforcement, including the San Antonio Police Department’s specialized units, approach these cases with a presumption of severity. Beyond the immediate criminal charges, you face the swift imposition of protective orders and the lifelong federal disability that comes with a conviction under the Lautenberg Amendment. Our role is to cut through the heightened emotions, meticulously examine the facts and the law, and build a powerful, rational defense against these life-altering allegations.

Understanding the Charges: Texas State Laws and Federal Prohibitions

Domestic violence weapon cases are governed by a layered framework of Texas state law and federal statute. The charges are severe and the collateral consequences are permanent.

Texas State Charges:

The most common weapon-related charges arising from a domestic incident in Texas include:

• Aggravated Assault with a Deadly Weapon (Texas Penal Code § 22.02): This is a second-degree felony, punishable by 2 to 20 years in a Texas state prison and a fine up to $10,000. The charge applies if you are alleged to have used or exhibited a deadly weapon during an assault against a family member, household member, or dating partner. “Exhibited” can mean simply showing the weapon in a threatening manner.
• Deadly Conduct (Texas Penal Code § 22.05): This charge can be a felony if you are accused of discharging a firearm in the direction of a habitation, building, or vehicle where you know it is occupied.
• Unlawful Possession of a Firearm by a Felon (Texas Penal Code § 46.04): If you have a prior felony conviction, any possession of a firearm is a third-degree felony. A domestic violence incident can lead to this charge if a weapon is found at the scene.
• Violation of a Protective Order Involving a Weapon: If an active protective order prohibits you from possessing a firearm and you are found with one, you face separate, serious criminal charges.

The Federal “Lautenberg Amendment” (18 U.S.C. § 922(g)(9)):

This federal law creates a lifetime prohibition that operates independently of your Texas state case. It makes it a federal felony for any person convicted of a “misdemeanor crime of domestic violence” to ever possess a firearm or ammunition. Crucially:

• The conviction that triggers this ban can be a misdemeanor under state law.
• The ban is permanent and applies across all 50 states.
• A federal conviction for violating this law carries up to 10 years in federal prison.

This means that even if you resolve a Texas domestic assault case as a misdemeanor, you may permanently lose your right to own guns under federal law. Defending the underlying state charge is therefore also a defense of your fundamental Second Amendment rights.

The Immediate Consequences: Protective Orders and Temporary Gun Bans

Long before any trial, the legal system moves quickly to restrict your rights. Upon an allegation of domestic violence with a weapon, two immediate actions are likely:

1. Emergency Protective Order (EPO): A judge can issue an EPO at the request of law enforcement at the scene. This order can require you to vacate your home, avoid all contact with the alleged victim, and, critically, surrender all firearms and ammunition to police. EPOs are typically effective for 31-91 days.
2. Temporary Ex Parte Protective Order: The alleged victim can then seek a longer-term temporary order, often without you being present in court (“ex parte”). This order will also contain firearm surrender provisions and set the stage for a final hearing.

These orders are civil in nature but have direct criminal consequences. Violating any term of a protective order is a separate criminal offense, and possessing a firearm while subject to such an order can lead to both state and federal prosecution. Our attorneys act swiftly to represent you at these protective order hearings, presenting evidence and argument to protect your rights and your property from the outset.

The Barton & Associates Defense Strategy for Domestic Violence Weapon Cases

These cases demand a specialized, multi-front defense strategy. We approach your case with the understanding that the stakes involve your family, your home, your freedom, and your future rights.

1. Challenging the Allegations of “Use” or “Exhibition” of a Weapon: The core of many aggravated assault cases is whether a weapon was actually used or displayed in a threatening manner. We conduct a painstaking investigation: Was the weapon brandished, or was it merely present in the home? Are witness statements consistent? Does physical evidence support the alleged threat? We work to deconstruct the prosecution’s narrative and establish a plausible, non-criminal explanation for the events.
2. Asserting Affirmative Defenses: Self-Defense and Defense of Property: In Texas, you have the right to use force, including deadly force, to protect yourself or others from imminent harm, and to prevent certain violent crimes. In the heated context of a domestic dispute, claims of self-defense are complex but can be powerful. We gather all available evidence—including 911 calls, witness statements, and physical injuries—to build a credible case that your actions were justified under Texas law.
3. Attacking the Constitutionality of Searches and Seizures: As with all weapon charges, the Fourth Amendment is a cornerstone of our defense. Did police have a warrant or valid exception to enter the home? If they seized firearms, was it done lawfully? An unlawful search can lead to the suppression of the weapons as evidence, devastating the prosecution’s case.
4. Negotiating for Reduced Charges to Avoid Federal Disability: Given the severe impact of a “misdemeanor crime of domestic violence” conviction under federal law, a critical strategic goal is often to resolve the state case in a way that avoids this triggering conviction. This may involve negotiating for a deferred adjudication, a dismissal upon completion of an intervention program, or a plea to a non-disqualifying offense. Our knowledge of both state and federal law guides these negotiations.
5. Vigorous Defense at Protective Order Hearings: We represent you aggressively in the parallel civil protective order proceedings. Preventing a final protective order from being issued, or limiting its terms, can immediately restore your right to possess firearms and return to your home.

Why These Cases Require Specialized Legal Representation

Domestic violence weapon cases are not standard criminal defenses. They require an attorney who understands:

• The Dynamics of Family Violence Investigations: Law enforcement and prosecutors are trained to approach these cases with a specific protocol and often an assumption of guilt. We know how to counter this bias with facts and law.
• The Interplay of Civil and Criminal Courts: You may be fighting in criminal court, family court (for protective orders), and possibly federal court simultaneously. We coordinate your defense across all fronts.
• The Permanent Federal Ramifications: An attorney unfamiliar with 18 U.S.C. § 922(g)(9) may unknowingly advise a plea deal that results in a permanent loss of gun rights. We protect you from this hidden consequence.

The Barton & Associates Advantage in San Antonio

• Former Prosecutorial Insight: Our attorneys’ experience on the prosecution side provides invaluable insight into how the Bexar County District Attorney’s Office builds these emotionally charged cases and where weaknesses can be found.
• Trial-Ready Advocacy: We prepare every case as if it will go before a jury. This commitment ensures we are never pressured into an unjust plea and gives us maximum leverage in negotiations.
• Compassionate Yet Objective Counsel: We understand the extreme stress you are under. We provide clear, honest advice about your options while remaining fiercely objective in analyzing the evidence against you.
• A Record of Protecting Rights: We have successfully defended clients against aggravated assault charges, secured dismissals, negotiated outcomes that preserved federal gun rights, and defeated unjust protective orders.

Take Immediate Action to Protect Your Future

The hours and days following an arrest in a domestic violence weapon case are critical. Evidence must be preserved, witnesses contacted, and motions filed to protect your rights in both criminal and civil court. The prosecution begins building its case immediately; you must do the same.

Do not speak to police, detectives, or family members about the incident without an attorney present. Anything you say can be misconstrued and used against you in multiple proceedings.

Contact Barton & Associates today for a confidential, urgent consultation. If you are facing allegations involving a weapon in a domestic situation in San Antonio, Austin or Corpus Christi, Texas, call our office directly at 210-500-0000. Let our experienced domestic violence weapon defense attorneys stand with you, protect your rights, and begin building the strategic defense your future requires.

Main Category: Criminal Defense
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000