San Antonio Family Violence Lawyer
At Soyars & Morgan Law, we recognize there are always two sides to every story. Assault cases are no exception. Many times, officers are too quick to make a decision about who to arrest and arrest a person that should never have been arrested. Not every injury equates to a crime. Sometimes there is mutual combat situations or other defenses that negate criminal responsibility. Life is messy! Our San Antonio family violence lawyers at Soyars & Morgan Law work hard to help clients defend themselves against accusations of family violence and other violent crimes in San Antonio, including aggravated assault with a deadly weapon, murder, robbery, etc. We also work hard to educate our clients so they can make an informed decision on their legal representation. Below is information on certain defenses you might have if you find yourself against an assault charge in San Antonio.
San Antonio Family Violence Lawyer
Domestic assault charges can generate harsher penalties. Family violence, domestic abuse, spousal battery, or stalking will require an aggressive, highly experienced criminal defense lawyer.
At Soyars & Morgan Law, our family violence lawyers understand that despite the serious consequences of a family violence conviction, the reality is family violence cases are often very difficult for the State to prosecute. The State often has a difficult time prosecuting family violence cases because it generally comes down to a “he said, she said” argument with no other witnesses that can testify as to what actually happened.
What is family violence in San Antonio?
In San Antonio, family violence is the intentional or reckless infliction of physical or sexual harm against a family member or an individual or partner with whom you have a relationship. When you have been charged with family violence or assault against a spouse, girlfriend, boyfriend, partner, child, parent or guardian, or a sibling, you will need to seek the advice of an experienced San Antonio family violence lawyer as soon as possible. Family violence or abuse can happen in a marriage or relationship, or within a family and does not discriminate based on gender, race, ethnicity, sexual orientation, or any other factors. Family violence can happen to anyone. There is no direct cause or reason family violence occurs, other than factors attributable to the abuser or perpetrator. According to the U.S. Department of Housing and Urban Development, family violence is the third leading cause of homelessness among families.
Sadly, false allegations of family violence are not uncommon in divorce or child custody cases. The accuser could fabricate charges in an attempt to gain an advantage during the family law case. Without an experienced family violence lawyer, a protective order could be issued preventing you from returning home or seeing your loved ones. Family violence charges are serious allegations and require immediate action, so don’t hesitate and call for your free consultation with our San Antonio Family Violence Lawyer.
Punishments for Family Violence in San Antonio
Chapter 12 of the Texas penal Code defines the general penalties to many family violence offenses in San Antonio. However, these penalties can vary depending on whether the victim was elderly, disabled or a child, whether a weapon was used during the commission of the offense, the degree of family violence, whether bodily injury or death resulted from the offense, and whether the alleged offender has any previous criminal history.
- An individual charged with a Class C misdemeanor family violence offense can result in a fine of up to $500.
- An individual convicted of a Class B misdemeanor family violence offense can receive a jail sentence of no more than 180 days and/or a fine of up to $2,000.
- An individual charged with a Class A misdemeanor violation of a protection order can receive a jail sentence of up to one year and/or a fine of up to $4,000, if convicted of the violation.
- A conviction for a felony of the third degree family violence assault, violation of a protective order, stalking, or child abuse offense can result in a prison sentence ranging from two to ten years and/or a fine of no more than $10,000.
- An individual charged with a felony of the second degree family violence, aggravated domestic assault, stalking or child abuse offense can receive a prison sentence ranging from two to 20 years and/or a fine of up to $10,000.
- An individual convicted of a first degree aggravated family violence assault or child abuse offense can receive a prison term from five to 99 years or life imprisonment and/or a fine of no more than $10,000.
Additionally, anyone who commits continuous violence against a family or household member can be convicted of a third-degree felony offense, according to Texas Penal Code 25.11. Continuous violence is defined as committing a family violence offense two or more times within a 12-month period.
Charged with family or domestic violence, or had an order of protection filed against you in San Antonio? Whether you are facing allegations of domestic violence or family violence, or are facing a protective order due to allegations of violence or abuse, you should retain an experienced defense lawyer. Call Soyars & Morgan Law at (210) 390-0000.
Available Defenses in Assault Cases
In San Antonio, Texas, family violence defenses are divided into two categories: justifications and general defenses.
- Justifications require that a person admit the unlawful conduct, but then allows them to avoid responsibility because they have a jurisdiction for the conduct, thereby making it lawful.
- Defenses under justifications include self-defense, defense of others, defense of property, parental-child defense: reasonable discipline, consent, and necessity.
- General defenses tend to treat the conduct as not unlawful because of some defect with the actor’s state of mind, whether it be an issue with the mental state or one with voluntariness of the actions.
- General defenses include duress, insanity, involuntary intoxication, and mistake of fact.
Contact an Experienced Family Violence Lawyer in San Antonio
At Soyars & Morgan Law, we pride ourselves on thinking outside the box to develop a defense strategy that is just right for every case. While we have provided a list of the most common defenses, we will continue to consider other possible defenses to your case as we review the facts of your case. If you are facing an assault and need an experienced, aggressive, trial team — call us!
Backed by years of experience, the lawyers at Soyars & Morgan Law can help to protect your rights if you’ve been accused of family violence in San Antonio. For more information about family violence laws, or to discuss your matter in confidence with an experienced San Antonio criminal defense lawyer, schedule a consultation today.
WE ARE HERE TO FIGHT FOR YOUR RIGHTS!