Facing Assault on a Pregnant Person Charges in San Antonio? Your Defense is Critical

The Severe Reality of Enhanced Assault Charges in Texas

In Texas, an assault charge is already a serious matter, but when the alleged victim is a person known to be pregnant, the legal consequences escalate dramatically. Under Texas Penal Code § 22.01, what might otherwise be a misdemeanor is automatically enhanced to a felony or a higher-level misdemeanor, reflecting the state’s severe stance on protecting pregnant individuals. At Barton & Associates, Attorneys at Law, we understand that these charges often arise from highly charged domestic or relational disputes where facts are contested, and intent is unclear. An arrest can happen swiftly, and the immediate consequences—a high bond, potential protective orders, and the overwhelming social stigma—can upend your life before your case even begins. The allegation alone carries a profound weight in the courtroom and the community, making it imperative that your defense is immediate, strategic, and led by attorneys with specific expertise in navigating these complex statutory enhancements.

The stakes in these cases are uniquely high. The prosecution is not required to prove that you intended to harm a pregnancy; they need only prove you were aware of it at the time of the alleged assault. This nuance is often the central battleground of the case. A conviction can mean a third-degree felony on your permanent record, carrying 2 to 10 years in a Texas state prison and a fine of up to $10,000. Beyond incarceration, you face the lifelong collateral damage of a felony conviction: the loss of firearm rights, professional licenses, employment opportunities, and irreparable harm to your reputation and family relationships. In this high-pressure legal environment, securing a defense team with former prosecutorial insight and a track record of challenging the state’s evidence is not just an advantage—it is a necessity for protecting your future.

Understanding the Law: How Texas Enhances Assault Charges

Texas law does not create a standalone crime of “assault on a pregnant person.” Instead, it operates as a powerful enhancement to the standard assault statute. The specific enhancement and resulting penalties depend entirely on the underlying type of assault alleged.

The foundation is found in Texas Penal Code § 22.01(a), which defines three primary assault offenses:

1. 22.01(a)(1): Intentionally, knowingly, or recklessly causing bodily injury to another.
2. 22.01(a)(2): Intentionally or knowingly threatening another with imminent bodily injury.
3. 22.01(a)(3): Intentionally or knowingly causing offensive or provocative physical contact.

The pregnancy enhancement applies in two specific scenarios:

• Knowledge of Pregnancy: If the assault under 22.01(a)(1) (bodily injury) is committed against a person the offender knows is pregnant, the charge is enhanced.
• Forcing an Abortion: If any assault under (a)(1), (a)(2), or (a)(3) is committed to force the pregnant person to have an abortion, the charge is enhanced.

A critical legal point is the definition of “bodily injury.” Texas law defines this broadly as “physical pain, illness, or any impairment of physical condition.” This means a conviction does not require bruises, hospital visits, or serious harm. Even minor pain can meet the threshold for a felony if the other elements are proven.

The Severe Penalty Enhancements for Assault on a Pregnant Person

The enhancement against a pregnant person radically changes the potential punishment.

• Third-Degree Felony: 2 to 10 years in prison, fine up to $10,000
• Class A Misdemeanor: Up to 1 year in county jail, fine up to $4,000
• Class A Misdemeanor: Up to 1 year in county jail, fine up to $4,000

Key Takeaway: The most severe jump is for assault causing bodily injury. It leaps from a misdemeanor with a maximum one-year county jail sentence to a felony with a minimum two-year sentence in state prison. This underscores why an aggressive defense focused on the “knowledge” element is absolutely critical.

Collateral Consequences Beyond Prison Time

A conviction, especially a felony, triggers a cascade of lifelong hardships:

• Loss of Firearm Rights: A felony conviction results in a permanent loss of your right to possess any firearm or ammunition under federal law.
• Professional Licenses: Careers in law, medicine, nursing, real estate, teaching, and many skilled trades require state licenses that will be revoked or denied.
• Child Custody and Family Law: A family violence conviction, particularly one involving a pregnant partner, is the most damaging evidence possible in a child custody case, often resulting in loss of custody or only supervised visitation.
• Employment and Housing: A felony record creates nearly insurmountable barriers to finding meaningful employment or renting a home.
• Immigration Status: For non-citizens, a domestic violence felony is grounds for deportation and permanent inadmissibility to the United States.

Our Strategic Defense Approach to Enhanced Assault Charges

At Barton & Associates, we employ a defense strategy tailored to the unique challenges of these enhancement cases. Our approach, led by former felony prosecutors, is built on challenging the state’s ability to prove every element beyond a reasonable doubt, with a particular focus on the pivotal issue of knowledge.

1. Challenging the Element of Knowledge

This is the cornerstone of our defense. The prosecution must prove you knew the individual was pregnant at the time of the alleged incident. We attack this by:

• Investigating and presenting evidence that the pregnancy was not visible or known. This can include testimony from friends, family, or even the individual themselves in prior statements.
• Demonstrating that you had no reasonable way of knowing about the pregnancy (e.g., early term, no announcement, separate lives).
• In cases alleging intent to force an abortion, we challenge the state’s evidence of that specific motive, which is often based solely on the accuser’s statement.

2. Investigating the Underlying Assault Allegation

We simultaneously defend against the core assault charge. Strategies include:

• Self-Defense: Asserting that you used reasonable force to protect yourself from the alleged victim’s imminent use of unlawful force.
• Defense of Others: Arguing you acted to protect a third party, such as another child.
• False or Exaggerated Allegation: Uncovering motives for fabrication, which can be acute in volatile relational or custody disputes. We meticulously gather evidence of bias, revenge, or a pattern of using false allegations for leverage.
• Accident or Lack of Intent: Proving that any contact was accidental or that you did not act intentionally, knowingly, or recklessly.

3. Scrutinizing the Evidence of “Bodily Injury”

Given the broad definition, we rigorously examine whether the state’s evidence actually meets the legal standard. We may argue that the alleged “physical pain” was so minor or transient that it does not constitute a legally sufficient “impairment.”

4. Filing Aggressive Pre-Trial Motions

We use legal procedure to gain an advantage, including motions to:

• Suppress Evidence obtained through an unlawful stop, arrest, or search in violation of your Fourth Amendment rights.
• Exclude Prejudicial Testimony that is more inflammatory than factual.
• Challenge the Sufficiency of the Charging Instrument if it fails to properly allege the necessary elements of knowledge.

5. Negotiating from a Position of Strength

Our thorough investigation and trial readiness provide powerful leverage in negotiations. Our goals may include:

• Reduction to a Standard Misdemeanor: If we can cast strong doubt on the knowledge element, we may negotiate for the dismissal of the enhancement, allowing the case to proceed as a standard Class A or C misdemeanor assault.
• Deferred Adjudication: For some clients, we may secure a probationary term that, upon successful completion, results in a dismissal without a final felony conviction.
• Minimizing Penalties: If the evidence is substantial, we fight for the absolute lowest possible sentence and the best terms to protect your future.

The Barton & Associates Advantage: Former Prosecutors on Your Side

When facing a charge that can turn a misdemeanor into a felony, you need an advocate who understands the system’s intricacies. Our team of Former Texas Felony Prosecutors provides a decisive edge:

• Insider’s Knowledge of Enhancement Strategies: We have firsthand experience deciding when to file these enhancements and what evidence is needed to sustain them. We know the weaknesses in the state’s typical approach.
• Skill in Cross-Examining Medical and Relationship Testimony: We are adept at questioning witnesses about pregnancy visibility, communication, and intent, often exposing reasonable doubt where the prosecution sees certainty.
• Trial-Tested in Sensitive Domestic Cases: We are prepared to defend you before a jury, presenting a compelling, fact-based narrative that counters the emotionally charged nature of the allegations.

Take Immediate Action to Protect Your Rights

If you are under investigation or have been arrested for assault on a pregnant person, every moment counts. Your actions now will directly impact your case.

1. Invoke Your Right to Remain Silent. Do not give any statement to police. Clearly state: “I will not answer questions without my attorney. I wish to speak with Barton & Associates.”
2. Do not contact the alleged victim for any reason. Any contact can be used as evidence of intimidation or witness tampering.
3. Document your recollection of the events and any evidence you are aware of (messages, witnesses) while details are fresh.
4. Contact an experienced defense attorney immediately. Early intervention is key to preserving evidence and shaping the narrative.

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 enhanced 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