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

The Severe Reality of Felony Family Violence Charges in Texas

In Texas, an arrest for felony-level Assault Family Violence is a legal crisis of the highest order. These are not simple domestic disputes; they are serious criminal allegations that the state prosecutes with immense resources and zero tolerance. Under Texas Penal Code § 22.01, what might begin as a family argument can rapidly escalate into a felony charge carrying decades in prison, permanently altering the course of your life. At Barton & Associates, Attorneys at Law, we understand the overwhelming fear and confusion that follows such an arrest. The allegations alone—often involving claims of choking, serious injury, or prior history—trigger a swift and harsh response from the legal system, including high bonds, mandatory no-contact protective orders that exile you from your home, and the immediate threat of losing your career and parental rights. From the moment of arrest, you are in a fight for your freedom and your future, and the strategy of your defense team must be immediate, aggressive, and built on specific experience with these high-stakes felonies.

The distinction between a misdemeanor and a felony family violence charge is profound. A felony conviction means a mandatory prison sentence in the Texas Department of Criminal Justice, not county jail. It means a permanent felony record that will haunt you for life, stripping away constitutional rights, professional licenses, and future opportunities. In this arena, the prosecution’s goal is not just punishment, but long-term incarceration. Your defense cannot be passive or generic; it requires the strategic insight of attorneys who have navigated these complex cases from both sides of the courtroom and understand how to challenge the state’s evidence at its core.

How a Family Violence Charge Becomes a Felony in Texas

Texas law specifies several pathways that automatically elevate a family violence assault to a felony. Understanding the specific allegation against you is the first step in building an effective counter-defense.

1. Prior Conviction Enhancement

If you have a previous conviction for any family violence assault (even a misdemeanor), any new family violence assault charge is enhanced to a third-degree felony. The state does not need to prove a more serious act; the prior conviction itself transforms the new charge. This applies even if the prior case was from years ago or in a different county.

2. Assault by Choking or Strangulation

This is one of the most serious and commonly charged felony enhancements. If the allegation involves “impeding the normal breathing or circulation of the blood by applying pressure to the throat or neck” (choking/strangulation), it is automatically a third-degree felony, regardless of whether there is a prior conviction. The law treats this act with extreme severity due to the high potential for death or serious bodily injury.

3. Assault Causing Serious Bodily Injury or Involving a Deadly Weapon (Aggravated Assault)

When an assault causes “serious bodily injury” (injury that creates a substantial risk of death, causes serious permanent disfigurement, or protracted loss/impairment of any bodily member/organ) OR involves the use or exhibition of a deadly weapon, it is charged as Aggravated Assault Family Violence, a second-degree felony. A “deadly weapon” can be a firearm, knife, or any object used in a manner capable of causing death or serious injury.

4. Repeat Offender Enhancements

For individuals with two or more prior family violence convictions, the state can pursue even harsher enhancements. A new charge may be filed as a second-degree felony. Furthermore, under Texas’ habitual offender statutes, a felony family violence charge can be enhanced to a punishment range of 25 years to life in prison if you have two prior sequential felony convictions.

The following summarizes the severe felony landscape:

• Family Violence Assault with a Prior Conviction: Third-Degree. 2 to 10 years. Any prior family violence conviction triggers this.
• Family Violence Assault by Choking/Strangulation: Third-Degree. 2 to 10 years. Automatic felony, no prior conviction needed.
• Aggravated Assault Family Violence (Serious Injury or Deadly Weapon): Second-Degree 2 to 20 years “Serious bodily injury” is a high legal standard.
• Family Violence Assault with 2+ Priors: Can be enhanced to Second-Degree. 2 to 20 years. Demonstrates pattern of conduct to prosecutors/jury.

The Life-Altering Consequences of a Felony Conviction

A felony conviction is a life sentence of consequences, extending far beyond prison walls.

• Loss of Fundamental Rights: You will permanently lose your right to vote while incarcerated and on parole or probation. Most critically, a felony family violence conviction results in a lifetime ban on possessing any firearm or ammunition under both Texas and federal law (18 U.S.C. § 922(g)(9)).
• Career and Professional Destruction: You will be ineligible for an enormous range of jobs requiring licenses (law, medicine, nursing, real estate, plumbing, electrical, security) or bonding. Many employers have blanket policies against hiring felons.
• Family Court Catastrophe: In any concurrent or future divorce or child custody case, a felony family violence conviction is the most powerful evidence against you. It will almost certainly result in the loss of custody, supervised visitation only, and onerous restrictions on your parental rights.
• Housing and Financial Barriers: Finding rental housing with a felony record is extremely difficult. You will be ineligible for most federal housing assistance, student loans, and many professional certifications.
• Immigration Consequences: For non-citizens, a felony domestic violence conviction is virtually guaranteed to trigger deportation proceedings and permanent inadmissibility to the United States.

Our Strategic Defense Approach to Felony Family Violence Charges

At Barton & Associates, we deploy a defense strategy engineered for felony cases. Led by former felony prosecutors, we do not merely react to the state’s charges; we immediately go on the offensive to dismantle their case.

1. Immediate Forensic and Evidence-Based Investigation

Felony cases demand a higher level of scrutiny. We act within days to:

• Secure and analyze all available evidence: 911 call recordings, body camera footage, police reports, and photographs.
• Consult with medical experts to challenge the state’s claims of “serious bodily injury” or the mechanics of a choking allegation. Was the injury truly “serious” under the law? Are the reported symptoms consistent with the alleged act?
• Preserve digital evidence (texts, emails, social media) that may provide crucial context about the relationship and the incident.

2. Aggressively Challenging the “Choking” or “Serious Injury” Allegation

These elements are often the linchpin of the felony charge. We attack them directly:

• Choking/Strangulation: We examine whether the alleged act actually impeded breathing or circulation, or if it was a brief touching of the neck during a struggle. We challenge the victim’s description and the lack of corroborating physical evidence (petechiae, bruising) through expert testimony.
• Serious Bodily Injury: We retain medical professionals to testify that the injuries, while perhaps painful, do not meet the stringent legal definition of “serious bodily injury” required for a second-degree felony.

3. Investigating for False or Exaggerated Allegations

Felony charges create high stakes for all involved. We meticulously investigate motives for fabrication or exaggeration, which are common in highly volatile family dynamics, including:

• Leverage in a Divorce or Child Custody War: A felony allegation is a nuclear option in family court.
• Revenge or Control: Following a breakup or discovery of infidelity.
• Preemptive Strike: An individual may make a extreme allegation after a mutual altercation where they also used force.

4. Filing Pre-Trial Motions to Suppress Evidence and Dismiss Charges

We use every legal tool to weaken the state’s case before trial. This includes filing motions to:

• Suppress Evidence obtained through an unlawful arrest, an illegal search of your home or phone, or a statement taken in violation of your Miranda rights.
• Challenge the Credibility of the Allegation by revealing prior inconsistent statements, bias, or ulterior motives of the accuser.
• Dismiss Charges for lack of probable cause or insufficient evidence, particularly challenging the state’s ability to prove the specific felony elements.

5. Negotiating from a Position of Strength for Case Resolution

While we prepare every case for trial, we are skilled negotiators. Our trial readiness and deep understanding of the weaknesses in the state’s evidence give us significant leverage to seek:

• Reduction of the Felony to a Misdemeanor: This is a primary goal, as it can avoid prison time and the lifetime firearm ban.
• Deferred Adjudication: For some defendants, we may negotiate a probation term that, if successfully completed, results in a dismissal of the felony charge without a final conviction.
• Favorable Plea Agreements: If the evidence is substantial, we fight for the absolute best possible terms to minimize prison time and future collateral damage.

The Barton & Associates Advantage: Former Prosecutors on Your Side

When facing a potential decades-long prison sentence, you need more than a lawyer; you need a strategic advocate with insider knowledge. Our team of Former Texas Felony Prosecutors provides an unmatched advantage:

• Insider’s Playbook: We have personally made the decision to charge these felonies. We know how prosecutors evaluate evidence, what arguments persuade them, and where their cases are most vulnerable. We use this knowledge to anticipate and counter their strategy from day one.
• Trial-Tested Against the State: We have taken complex felony cases to verdict. We are not intimidated by aggressive prosecutors or serious allegations. We are prepared to defend your innocence before a jury with skill and tenacity.
• Comprehensive Crisis Management: We understand that a felony charge creates chaos in every part of your life. We provide clear guidance on navigating protective orders, coordinating with family law attorneys, and managing the personal fallout, so you can focus on your defense.

Take Immediate Action to Protect Your Future

If you are under investigation or have been arrested for felony assault family violence, every second counts. Your actions now will define your future.

1. Invoke Your Right to Remain Silent. Do not give any statement to police, detectives, or investigators. Politely but firmly state: “I will not answer any questions without my attorney present. I wish to speak with Barton & Associates.”
2. Do not contact the alleged victim by any means—no calls, texts, emails, or third-party messages. Any contact will be used as evidence of intimidation and will devastate your case.
3. Document your immediate thoughts about the incident and identify any potential witnesses.
4. Contact an experienced felony defense attorney immediately. The sooner we are involved, the sooner we can secure evidence, challenge the state’s narrative, and begin fighting for your freedom.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. We will immediately begin building the powerful defense you need against these severe charges.

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