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San Marcos Assault Family Violence Lawyers

Defending Against Domestic Violence Charges

Generally, assault family violence involves causing harm to a family or household member or a dating partner. Although some offenses falling under this definition are indeed misdemeanors, others are felonies. Either way, being accused can lead to incarceration and or fines. Additionally, the allegations alone can affect the individual's relationships, making it difficult to live their lives as they once did. The State takes assault family violence cases very seriously, as these matters can result in severe injury to others. Thus, the prosecutor will seek maximum penalties to show that such conduct is not merely a family matter but a legal one that will not be tolerated. If you have been charged with an assault family violence offense in San Marcos, you need a lawyer on your side ready to go up against a staunch opponent.

At Smith & Vinson Law Firm, we are ready to put our knowledge and skills to work for you. Our San Marcos assault family violence attorneys have extensive experience handling even the most challenging cases. We know what it takes to seek favorable results. We want to hear your side of the story to get a complete picture of the events leading up to your arrest. Once we get the facts and learn about what happened from your perspective, we can develop an aggressive strategy tailored just for you.

Get started with a free consultation with our San Marcos assault family violence lawyers by contacting us at (512) 359-3743 today.

What Is Assault Family Violence in Texas?

Assault family violence occurs when a family or household member or dating partner causes or attempts to cause injury to someone with whom they are in a close relationship.

What is considered a family or household member in Texas?

Chapter 71 of the Texas Family Code defines these relationships in the following ways:

  • Family members:
    • Spouses
    • Former spouses
    • People with a child together
    • Foster parents and foster children
  • Household members:
    • People living together in the same residence
  • Dating partners:
    • People in an intimate or romantic relationship

The conduct engaged in against the alleged victim may, but does not always, include physical force. In some cases, accusations and charges can arise when an individual threatens to harm a family or household member or dating partner and causes psychological or emotional harm.

Acts of family violence include but are not limited to:

  • Causing or attempting to cause physical injury or sexual assault
  • Placing someone in fear of imminent bodily injury
  • Abusing a child in the family or household
  • Committing violence against a dating partner

What Constitutes Assault Family Violence in Texas?

Because assault family violence covers a range of conduct against a family or household member or dating partner, several acts can be pursued as an offense. The laws concerning assault family violence are not separate from those prohibiting violent crimes in general. Rather, assault family violence is prosecuted under various statutes enumerated in the Texas Penal Code.

Examples of the laws assault family violence can be pursued under include:

  • Assault (Texas Penal Code § 22.01): Assault occurs when someone causes or threatens to cause bodily injury to another or touches another in an offensive or provocative manner.
  • Aggravated assault (Texas Penal Code § 22.02): A person may be charged with aggravated assault if they commit assault and cause serious bodily injury or use a deadly weapon during the offense.
  • Continuous violence against the family (Texas Penal Code § 25.11): This charge is levied when someone engages in two or more assault family violence offenses in 12 months or less.

During this difficult and overwhelming time, it can feel as if the justice system is stacked against you. But do not lose hope. You can fight your charge and seek an optimal result. Our San Marcos assault family violence lawyers are here to help.

What Happens in a TX Assault Family Violence Case?

From the initial report to sentencing of the defendant (if convicted), various stages are involved in an assault family violence case.

Some of the steps the matter may go through include:

  • Report: The alleged victim or a witness calls the police about a possible domestic disturbance.
  • Protective order: The alleged victim may seek a protective order against the alleged actor, which places restrictions on what the individual can or can’t do. Violating a protective order can result in a fine of up to $500 and/or jail time of up to 6 months.
  • Criminal complaint: The arriving officers will record their observations and write about an official statement about the alleged incident.
  • Charges filed: Law enforcement officials will send the report to the prosecutor, who reviews it to determine whether enough evidence exists to pursue the case.
  • Arraignment: The alleged actor must attend an initial appearance in court where the judge reads the charges.
  • Plea negotiations: The alleged actor’s defense lawyer may negotiate with the prosecutor to seek a resolution outside of trial.
  • Trial: If the case is not resolved through negotiations, it will go to trial, where a judge or jury will hear the evidence and decide whether it proves guilt beyond a reasonable doubt.
  • Sentencing: If the trier of fact is convinced of the defendant’s guilt, the defendant may be sentenced to a term of incarceration and/or a fine.

Throughout the criminal justice process, our San Marcos assault family violence attorney will stand by your side. We will ensure that you understand how your case may progress and your legal options at every stage.

What Are the Penalties for Assault Family Violence?

Assault family violence crimes range from misdemeanors to felonies. Thus, the exact penalties imposed upon a conviction depend on the severity of the offense, and thereby, the level of the charge.

Examples of sanctions levied for the different violations include:

  • Assault involving a threat or offensive or provocative touching:
    • Class C misdemeanor
    • Up to $500 in fines
  • Assault causing bodily injury:
    • Class A misdemeanor
    • Up to 1 year of incarceration and/or
    • Up to $4,000 in fines
  • Assault causing bodily injury where the defendant has a previous conviction, or the offense involved strangulation:
    • Third-degree felony
    • Between 2 and 10 years of imprisonment and/or
    • Up to $10,000 in fines
  • Assault causing bodily injury where the defendant has a previous conviction and the offense involved strangulation:
    • Second-degree felony
    • Between 2 and 20 years of imprisonment and/or
    • Up to $10,000 in fines
  • Aggravated assault:
    • Second-degree felony
    • Between 2 and 20 years of imprisonment and/or
    • Up to $10,000 in fines
  • Aggravated assault where the defendant used a deadly weapon and caused serious bodily injury:
    • First-degree felony
    • Between 5 and 99 years of imprisonment and/or
    • Up to $10,000 in fines
  • Continuous violence against the family:
    • Third-degree felony
    • Between 2 and 10 years of imprisonment and/or
    • Up to $10,000 in fines

Not only could you face incarceration and/or fines if convicted of assault family violence, but you could also suffer various collateral consequences. For instance, having a mark on your criminal record can make it difficult for you to get a job or find a place to live. At Smith & Vinson Law Firm, we will work hard toward a favorable result on your behalf, seeking to avoid or minimize penalties.

Contact Our San Marcos Assault Family Violence Lawyers Today

Fighting domestic violence charges takes skill and tenacity. Our team is ready to provide the legal representation you need to challenge the accusations against you.

Call (512) 359-3743 or submit an online contact form to speak with our San Marcos assault family violence attorneys.

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  • Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.
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    Check Out Our Recent Case Results
    • Case Dismissed Aggravated Robbery
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      Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.

    • Case Dismissed DWI

      Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.

    • Case Dismissed Assault Family Violence

      Our client was charged with Assault Family Violence that resulted from an argument with his girlfriend. Our client had a good job with a baby on the way and desperately wanted his record clear to support his family.

    • Case Dismissed Assault Family Violence

      Our client was charged with Assault Family Violence after an argument with his girlfriend in their shared residence. At the time of his arrest our Client was a young father who also worked for the city. Having this charge put him as risk of losing a custody battle for his child and his stable employment.

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