Facing Assault Family Violence Charges in San Antonio? Your Defense is Critical

The Life-Altering Impact of a Family Violence Charge in Texas

In Texas, an accusation of Assault Family Violence is not just another criminal charge—it is a life-altering legal crisis that carries a severe social stigma and triggers a cascade of personal and professional consequences. Defined under Texas Penal Code § 22.01, this offense involves acts or threats of violence against a “family member,” a term defined more broadly than many realize. At Barton & Associates, Attorneys at Law, we understand that these cases are born from highly charged, private disputes and are often fueled by complex emotions. An arrest can occur based on a single 911 call, and the immediate repercussions are swift: potential jail time, a protective order that bars you from your home, and the devastating threat of losing access to your children. The long-term consequences—a permanent criminal record, loss of firearm rights, and damage to your career and reputation—can be equally destructive. From the moment of accusation, you are in a fight to protect your freedom, your family, and your future.

The State of Texas prosecutes family violence allegations with tremendous resources and a low threshold for arrest under “mandatory arrest” or “pro-arrest” policies common in many jurisdictions. This means that once police are called, an arrest is highly likely, regardless of the accuser’s later wishes. The system is designed to proceed without the alleged victim’s cooperation, making the state your adversary. In this high-stakes environment, where an allegation alone can upend your life, securing an aggressive and experienced legal defense is not just important—it is the single most critical step you can take.

Who Qualifies as a “Family Member” Under Texas Law?

A key element that distinguishes family violence from standard assault is the relationship between the parties. Texas law expansively defines “family” and “household” members to include:

• Current or former spouses.
• Parents of the same child (regardless of marital status).
• Foster parents and foster children.
• Blood relatives (by consanguinity) and relatives by marriage (affinity).
• Current or former dating partners. This is a critical inclusion; even casual dating relationships can fall under the statute.
• Individuals who reside or have resided together in the same household.

This broad definition means that a dispute with a roommate, a former boyfriend or girlfriend, or the other parent of your child can quickly escalate into a felony-level family violence case, especially if there is any prior history.

Understanding the Charges: From Misdemeanor to Felony

Family violence offenses are categorized based on the alleged conduct and the defendant’s criminal history. The penalties escalate dramatically, as shown below.

• Class C Misdemeanor: Threat of bodily injury (no physical contact.) Fine up to $500
• Class A Misdemeanor: First-offense causing bodily injury. Up to 1 year in jail, fine up to $4,000
• Third-Degree Felony: Assault causing bodily injury with a prior family violence conviction. 2 to 10 years in prison, fine up to $10,000
• Second-Degree Felony: Assault causing serious bodily injury OR involving a deadly weapon. 2 to 20 years in prison, fine up to $10,000
• Enhanced “Three Strikes” Penalties: Multiple prior felony convictions for violent offenses, including family violence. Potential life sentence under Texas’ repeat offender statutes

The “Three Strikes” Reality: Texas imposes harsh penalties on repeat offenders. While not a formal “Three Strikes Law” specific to family violence, the state’s habitual offender statutes (Texas Penal Code § 12.42) can elevate a felony family violence charge to a punishment range of 25 years to life in prison if you have two prior sequential felony convictions. This underscores the critical importance of defending against every charge—a misdemeanor today can be the prior conviction that triggers a life sentence tomorrow.

The Collateral Consequences Beyond Jail Time

A family violence conviction inflicts damage that lasts long after any sentence is served. These collateral consequences include:

• Loss of Firearm Rights: Under both Texas and federal law (18 U.S.C. § 922(g)(9)), a misdemeanor conviction of domestic violence involving physical force or the threat of force results in a permanent ban on possessing any firearm. For many Texans, this is a profound loss of a constitutional right.
• Professional Licenses: A conviction can lead to the suspension or revocation of professional licenses required for careers in law, medicine, nursing, real estate, security, and countless other fields.
• Child Custody and Visitation: In any subsequent family court proceeding, a finding of family violence is the single most influential factor a judge will consider. It can result in the loss of custody, supervised visitation only, or strict limitations on your parental rights.
• Immigration Consequences: For non-U.S. citizens, a domestic violence conviction is often classified as a “crime of moral turpitude” or an “aggravated felony,” which can lead to mandatory detention, deportation, and permanent inadmissibility to the United States.
• Employment and Housing: A permanent criminal record will appear on background checks, making it difficult to secure employment, rent an apartment, or obtain a loan.

Our Strategic Defense Approach to Family Violence Allegations

At Barton & Associates, we deploy a proactive, multi-faceted defense strategy from the moment you contact us. We know that these cases are often “he-said, she-said” scenarios where the first and most compelling narrative presented to prosecutors can determine the outcome. Our goal is to establish that narrative in your favor.

1. Immediate Action to Counter the Initial Allegation

Time is of the essence. We immediately work to:

• Secure any evidence that may support your account, including text messages, emails, voicemails, photographs of injuries (or lack thereof), and witness contact information.
• Advise you on navigating Emergency Protective Orders (EPOs) that may have been issued at your arrest, which can order you out of your home and away from your children.
• Begin building a factual timeline that challenges the state’s likely narrative.

2. Investigating the Credibility and Motives of the Accuser

False or exaggerated allegations occur with surprising frequency in highly emotional domestic situations. We thoroughly investigate potential motives, including:

• Leverage in a Divorce or Child Custody Battle: An allegation can be used to gain an upper hand in family court.
• Revenge or Anger: Following an argument, breakup, or discovery of infidelity.
• Regret After a Mutual Altercation: One party may call police in the heat of the moment, only to later wish to recant, but by then the state has taken over the case.

We meticulously analyze all prior statements for inconsistencies and work to demonstrate that the accusation lacks credibility.

3. Asserting Key Legal Defenses

We tailor our defense to the specific facts, which may include:

• Self-Defense or Defense of a Third Party: You had a reasonable belief that force was immediately necessary to protect yourself or another (like a child) from the accuser’s use or attempted use of unlawful force.
• Lack of Intent or Accident: The incident was an accident, not an intentional, knowing, or reckless act as required by law.
• False Allegation/Mistaken Identity: You were not the person who committed the act, or the act did not occur as alleged.

4. Challenging the Evidence and Police Procedure

We leave no stone unturned in reviewing the state’s case. This includes filing pre-trial motions to:

• Suppress Evidence obtained through an unlawful arrest or a violation of your Miranda rights.
• Challenge the Legality of Statements made by the alleged victim or witnesses if they were obtained through coercion or improper questioning.
• Expose Flaws in the Investigation, such as a failure to collect exculpatory evidence or interview favorable witnesses.

5. Pursuing Pretrial Diversion and Negotiated Resolutions

For first-time offenders, we often advocate for pretrial diversion programs. These programs, upon successful completion, can result in the dismissal of charges, allowing you to avoid a conviction and permanent record. Our strong relationships with local prosecutors and our credibility in the courtroom give us significant leverage to negotiate for these opportunities and other favorable resolutions.

The Barton & Associates Advantage: Former Prosecutors Fighting for You

When your family and freedom are on the line, you need an advocate who knows the system from the inside. Our team of Former Texas Felony Prosecutors provides a decisive strategic advantage:

• Insider’s Knowledge: We have personally prosecuted these cases. We understand the charging decisions, the evidence prosecutors prioritize, and the internal pressures they face. This allows us to anticipate the state’s strategy and counter it effectively from day one.
• Trial-Tested Tenacity: We prepare every case as if it is going to trial. This readiness gives us formidable leverage in negotiations and ensures we are fully prepared to defend your innocence before a jury if a fair offer is not forthcoming.
• Comprehensive Case Management: We understand that a criminal charge is just one part of your crisis. We coordinate with family law attorneys regarding custody issues, advise on protective orders, and provide clear guidance to help you navigate the personal fallout of the allegation.

Take Immediate Action to Protect Your Rights

If you have been arrested or are under investigation for assault family violence, your actions in the next 24 hours are critical.

1. Exercise Your Right to Remain Silent. Do not give a statement to police, detectives, or Child Protective Services without your attorney present. Anything you say can and will be used against you.
2. Do not contact the alleged victim for any reason, even to apologize or explain. This can be construed as witness tampering or intimidation and will severely harm your case.
3. Document everything you remember about the incident, including witnesses and any evidence you are aware of.
4. Contact an attorney immediately. The sooner we are involved, the sooner we can begin building your defense and protecting your rights.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. We will immediately take action to defend your rights, your family, and your future.

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