San Antonio Assault Family Violence – Strangulation Attorney
Dedicated Assault Family Violence – Strangulation Attorneys in San Antonio, TX
Assault Family Violence – Strangulation is a criminal offense in the state of Texas that involves causing bodily injury to a family member or household member by impeding their normal breathing or circulation by applying pressure to their throat or neck. This offense is described in Texas Penal Code section 22.01(b)(2)(B), which states that a person commits the offense of assault family violence if they commit assault and the victim is a member of their family or household.
The definition of “family violence” in Texas includes any act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault. This definition includes acts that involve the use of a deadly weapon.
If you are facing family violence charges in San Antonio, it’s crucial to have experienced legal representation on your side. Scheduling a free consultation with our San Antonio family violence attorney is the first step toward protecting your rights and navigating the legal process. During your consultation, we will listen to your story, explain your options, and outline a strategy tailored to your situation. If your case involves assault family violence – strangulation, our dedicated attorney has the expertise to provide an aggressive defense and ensure your rights are fully protected. Don’t wait—contact us today to get the guidance and defense you need during this challenging time.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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Penalties in the State of Texas
In Texas, the offense of Assault Family Violence – Strangulation is a third-degree felony. If convicted, a person could face a prison sentence of 2 to 10 years and a fine of up to $10,000.
There are certain circumstances that can enhance the penalties for this offense, such as if the person has a previous conviction for family violence, the offense can be enhanced to a second-degree felony which carries a prison sentence of 2 to 20 years and a fine of up to $10,000.
In Texas, deferred adjudication is a type of probation that allows a person who has been charged with a crime to avoid a conviction if they complete certain conditions set by the court. Deferred adjudication is typically considered to be a more lenient sentence than regular probation, as it does not result in a conviction on a person’s criminal record.
However, there are certain exceptions to this rule in Texas. One of these exceptions is for offenses involving family violence. Under Texas law, a sentence of deferred adjudication for an offense involving family violence can be considered a final conviction for enhancement purposes. This means that if a person is later charged with another offense involving family violence and they have a previous deferred adjudication for a family violence offense on their record, the penalties for the subsequent offense can be enhanced based on the previous deferred adjudication.
In addition to the criminal penalties, a conviction for Assault Family Violence – Strangulation can also have collateral consequences, such as difficulty finding employment or housing, and the loss of certain rights, such as the right to own a firearm.
It is important to note that a person accused of this offense has the right to a fair trial and the presumption of innocence. They should consult with an experienced criminal defense attorney to understand their rights and options. Attorney Brad Thornton is one of the best Assault Family Violence – Strangulation Attorneys in San Antonio, Texas.
Punishment Ranges
Level of Offense | Potential Incarceration | Potential Fine |
First-degree Felony | 5 - 99 years in prison | Up to $10,000 |
Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
Defenses to Assault Strangulation in San Antonio, Texas
If you have been charged with Assault Family Violence – Strangulation in Texas, it is important to understand that you have the right to defend yourself against these charges. There are a number of potential defenses that may be available to you, depending on the specific circumstances of your case. Some common defenses for this offense include:
Self-defense: If you were acting in self-defense when you committed the offense of Assault Family Violence – Strangulation, you may be able to use this as a defense. In order to assert self-defense, you must be able to show that you reasonably believed that you were in imminent danger of bodily injury and that the use of force was necessary to protect yourself.
Defense of others: Similar to self-defense, if you were acting in defense of another person when you committed the offense of Assault Family Violence – Strangulation, you may be able to use this as a defense. In order to assert defense of others, you must be able to show that the other person was in imminent danger of bodily injury and that the use of force was necessary to protect them.
Lack of intent: In order to be convicted of Assault Family Violence – Strangulation, the prosecutor must be able to prove that you acted with the specific intent to cause bodily injury to the victim. If you did not act with this intent, you may be able to use this as a defense.
False accusations: It is not uncommon for people to make false accusations of family violence, particularly in the context of domestic disputes. If you have been wrongly accused of Assault Family Violence – Strangulation, you may be able to use this as a defense.
If you have been charged with Assault Family Violence – Strangulation in Texas, it is important to consult with an experienced San Antonio assault family violence – strangulation lawyer as soon as possible. An attorney can help you understand your rights and options and assist you in developing a strong defense strategy for your case.
Contact Our San Antonio Assault Family Violence – Strangulation Lawyer, Brad Thornton
If you have been charged with Assault Family Violence – Strangulation in San Antonio, Texas, it is important to understand the seriousness of the charges against you and the potential consequences of a conviction. In these situations, it is crucial to seek the assistance of an experienced criminal defense attorney who can protect your rights and help you navigate the complex legal system.
One attorney who may be able to help you is Brad Thornton, a board-certified criminal defense attorney who is based in San Antonio. Mr. Thornton has extensive experience representing clients charged with all types of crimes, including Assault Family Violence – Strangulation. He is a former chief prosecutor, which gives him a unique perspective on how these cases are handled by the prosecution and what strategies are most effective in defending against these charges.
If you are facing charges of Assault Family Violence – Strangulation in San Antonio, you should consider contacting Mr. Thornton for a free consultation. During this consultation, Mr. Thornton can review the specifics of your case, explain your legal options, and provide you with an honest assessment of your chances of success. He can also advise you on the best course of action to take in order to protect your rights and achieve the best possible outcome in your case.
In addition to his legal expertise, Mr. Thornton is known for his dedication to his clients and his commitment to providing exceptional legal representation. He will work tirelessly to help you achieve the best possible result in your case, whether that means negotiating a favorable plea deal or fighting the charges at trial.
If you have been charged with Assault Family Violence – Strangulation in San Antonio, don’t hesitate to call Brad Thornton for a free consultation. He can provide you with the legal guidance you need to protect your rights and your future.