San Antonio Domestic Violence Defense Attorneys

Household & Family Assault or Violence

Texas laws regarding domestic violence are very severe. These offenses are taken seriously by Texas courts. A conviction will likely affect all aspects of your life, from your family relationships to your personal and professional reputation. Furthermore, domestic violence incidents often result in restraining orders, protective orders, or orders to vacate your home. Such orders further constrain your freedom. Domestic violence charges, like nearly all criminal charges, are financially burdensome but in this case, they result in emotional distress as well.

If you have been charged or are being investigated for domestic violence assault, we urge you to contact Smith & Vinson Law Firm immediately. Our San Antonio DV lawyers can ensure that your rights are protected and will begin a thorough investigation into the incident. It is important to remember to never speak to law enforcement officers, the alleged victim, cellmates, or any other party. Anything you say may be used against you in court. Speak only to your domestic violence attorney. 

Contact our legal team immediately in any domestic violence situation. Call for a free consultation with our San Antonio domestic violence lawyer at (210) 960-9557. 

What Is Domestic Violence?

Under Texas law, the three types of domestic violence are:

• Domestic assault: Domestic assault causes physical injury, threatens to cause imminent physical harm, or makes physical contact with the victim that is provoking or offensive. In all cases, it is intentional, knowing, or reckless. The alleged victim and assailant must be family or household members or dating partners. A first offense of domestic assault is classified as a Class A misdemeanor while repeat offenses may be charged as a third-degree felony
• Aggravated domestic assault: This offense results in serious bodily injury or is committed with the use of a deadly weapon. It involves members of the same family or household or dating partners. Aggravated domestic assault is charged as a second-degree felony. When it includes both a serious bodily injury and the use of a deadly weapon, it is charged as a first-degree felony.
• Continuous family violence: After having committed two previous acts of domestic violence, a third incident will result in what is called continuous violence against the family. This can occur without an arrest or conviction of the previous two incidents and the complaining witnesses in all incidents may be different family or household members or dating partners. This offense is charged as a third-degree felony.

Possible Defenses

The defense of a domestic violence charge is comparable to the defense of an assault charge. You may have been arrested based on little evidence. This is especially true in cases where the complaining family member has accused you of alleged physical harm or threats. The only “evidence” may be his or her statement to the arresting officers. These statements often will change later on as the complainant changes his or her mind.

The defenses that apply to general assault cases also apply to those involving domestic violence. It often makes more sense to pursue a case dismissal. But even in cases where the complaining family member prefers not to press charges or wishes to stop the prosecution, Texas prosecutors have the power to pursue the charges through the court system.

With this in mind, having a proficient attorney in your corner is crucial. Our San Antonio domestic violence defense attorneys can skillfully work to interview the alleged victim, talk with any other witnesses, put together critical evidence that can help your case, and engage in negotiations with the prosecutor.

Can Domestic Violence Charges Be Dropped in Texas?

Individuals facing domestic violence charges in Texas may wonder if the charges can be dropped, especially when the alleged victim no longer wishes to pursue the case. It is important to understand that once charges are filed, the decision to drop them lies in the hands of the prosecutor, not the victim.

In Texas, domestic violence is taken very seriously by law enforcement and the courts. Even if the alleged victim recants their statement or refuses to cooperate, the prosecution can still move forward with the case. Prosecutors often rely on evidence such as witness testimony, medical reports, 911 calls, and police reports to build their case, meaning they may not need the victim’s cooperation to secure a conviction.

While victims may request that charges be dropped, it is ultimately up to the prosecutor to determine whether there is sufficient evidence to proceed. In some cases, prosecutors may be unwilling to dismiss charges, particularly if they believe the alleged abuser poses a continued threat to the victim or the community.

However, there are legal strategies that can be employed to potentially get the charges reduced or dismissed. For example, if there is insufficient evidence, if the accuser’s testimony is inconsistent, or if the accused acted in self-defense, these factors may work in the defendant’s favor. An experienced domestic violence defense attorney can evaluate the circumstances of the case, gather evidence, and challenge the prosecution’s case to seek the best possible outcome.

Anyone facing domestic violence charges in Texas should consult with a knowledgeable attorney as soon as possible to discuss defense options and the potential for getting charges dropped or reduced.

How Domestic Violence Lawyers Assist Their Clients

When charged with domestic violence, the role of a dedicated attorney becomes pivotal in navigating the complexities of legal proceedings, safeguarding your rights, and working towards a favorable outcome. Domestic violence lawyers play a crucial role in offering a defense that is both strategic and personalized, understanding the gravity of the accusations and the potential impact on your life. Their extensive knowledge of the law, combined with experience in handling similar cases, allows them to offer comprehensive support throughout the legal process.

Services Provided by Domestic Violence Attorneys

Domestic violence attorneys offer a range of services designed to comprehensively address the needs of their clients. These services include, but are not limited to:

• Case Evaluation: Conducting an in-depth review of the charges and evidence against you, providing a clear understanding of your legal situation.
• Legal Advice: Offering expert guidance on the best course of action, whether it's aiming for a case dismissal, negotiating a plea deal, or proceeding to trial.
• Investigation: Gathering and analyzing evidence that could lead to the exoneration of the client, including witness statements, video surveillance, and other forms of proof that could undermine the credibility of the accuser's allegations.
• Negotiation with Prosecutors: Engaging in discussions with prosecutors to possibly reduce charges, lessen penalties, or even get the case dismissed based on weaknesses in the prosecution's case or evidence.
• Representation in Court: Standing by your side during court appearances, articulating a strong defense, and advocating on your behalf.
• Filing Motions: Preparing and filing legal motions to exclude certain pieces of evidence, dismiss the case due to procedural errors, or protect the client's rights.
• Support and Guidance: Providing not just legal representation, but also emotional support and guidance through a process that can be stressful and daunting.

By offering these services, domestic violence lawyers aim to ensure the best possible outcomes for their clients, while also striving to minimize the personal and professional disruption such charges can bring.

Seek Immediate Legal Support in the Wake of Domestic Violence Charges

If you have been accused of committing an act of domestic violence, you should seek immediate legal help. Our Texas domestic violence attorneys are here to listen to your side of the story, assert your legal rights, and do whatever possible to secure a favorable resolution. Let us use our arsenal of legal skills and knowledge to fight for you.

Call Smith & Vinson Law Firm today to speak to a San Antonio domestic violence defense lawyer at (210) 960-9557.

Texas Domestic Violence FAQ

What is the statute of limitations for domestic violence in Texas?

• The statute of limitations for domestic violence offenses in Texas varies depending on the specific offense. For most domestic violence offenses, there is no statute of limitations, meaning charges can be filed at any time after the commission of the offense.

What are the consequences of a domestic violence conviction in Texas?

• A domestic violence conviction in Texas can have severe and long-lasting consequences, including incarceration, fines, mandatory participation in intervention programs, issuance of protective orders, loss of firearm rights, and social stigma.

Can I be charged with domestic violence based solely on someone's accusation?

• While accusations alone may lead to investigations, prosecutors must present sufficient evidence to support criminal charges. It's essential to remember that you are presumed innocent until proven guilty, and you have the right to defend yourself against any allegations.