San Antonio Assault Family Violence – Subsequent Attorney

Facing Felony Assault Charges in Bexar County? Get an Aggressive Defense.

Being charged with Assault Family Violence – Subsequent is a terrifying experience that can change your life forever. In San Antonio and throughout Texas, this felony offense is prosecuted with extreme severity. If you are facing a felony assault charge due to a prior conviction or deferred adjudication, you need a defense attorney who knows the law and the local system inside and out.

Attorney Brad Thornton is a Board-Certified Criminal Law Specialist with years of experience as a San Antonio criminal defense attorney. He has dedicated his career to protecting the rights and futures of individuals accused of serious crimes. With his unique background as a former prosecutor, he understands the strategies the state will use against you and is prepared to fight tirelessly for a dismissal or a favorable outcome.

Don’t let a domestic violence charge define your future. Call our office today for a free, confidential case evaluation.

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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Understanding the Texas Assault Family Violence Law

The offense of Assault Family Violence – Subsequent, officially known in Texas as Assault Family/Household Member Prev Conv IAT, is a third-degree felony. It is governed by Texas Penal Code § 22.01(b)(2). This charge is enhanced to a felony if the defendant has a prior conviction or even a deferred adjudication for a similar offense.

  • What is Assault? Under Texas Penal Code § 22.01, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person.
  • What is Family Violence? Defined in Texas Family Code § 71.004, “family violence” is an act against a family or household member intended to cause physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places a person in fear of such harm.
  • The “IAT” Enhancement: The acronym “IAT” stands for “if at trial.” This means the prosecution must prove your prior qualifying conviction in court for the felony enhancement to apply. This is a crucial point of leverage that a skilled defense attorney can challenge.

Even if you have not been formally convicted of a previous crime, a prior deferred adjudication can still be used to enhance a new charge, highlighting the severity and complexity of these cases.

Your Rights and Defense Strategies in San Antonio

An aggressive and strategic defense is paramount. As a former prosecutor in Bexar County, Attorney Thornton has handled countless assault cases from both sides of the courtroom. He will use this unique perspective to build a powerful defense tailored to your situation.

  • The Initial Process & Bail Conditions
    The time following your arrest is critical. We will immediately work to secure your release on bond. In Bexar County, judges often impose strict bond conditions for family violence charges under Texas Code of Criminal Procedure, Article 17.40. These can include no-contact orders, stay-away orders, or even GPS monitoring. We can file a motion to challenge these conditions and protect your rights.
  • Our Strategic Defense Approach
    We leave no stone unturned in preparing your defense. Your legal strategy may include:

    • Self-Defense: Establishing that you used a reasonable amount of force to protect yourself or another person from harm.
    • False Accusation: Many family disputes, especially in a divorce or custody context, can lead to false or exaggerated claims. We will meticulously investigate the accuser’s motives and find evidence to expose inconsistencies in their story.
    • Insufficient Evidence: We will challenge the credibility of witnesses, the validity of police reports, and any physical evidence. If the prosecution’s case is weak, we will relentlessly pursue a dismissal.

Severe Penalties and Collateral Consequences

A conviction for Assault Family Violence – Subsequent is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The consequences extend far beyond incarceration, impacting every aspect of your life:

  • Loss of the right to own or possess a firearm under federal law.
  • Significant difficulty finding employment, housing, or educational opportunities.
  • Suspension or revocation of professional licenses.
  • Immigration consequences for non-U.S. citizens.

Punishment Ranges

Level of OffensePotential IncarcerationPotential Fine
First-degree Felony5 - 99 years in prisonUp to $10,000
Second-degree Felony2 - 20 years in prisonUp to $10,000
Third-degree Felony2 - 10 years in prisonUp to $10,000
State Jail Felony180 days - 2 years in jailUp to $10,000
Class A MisdemeanorUp to 1 year in jailUp to $4,000
Class B MisdemeanorUp to 180 days in jailUp to $2,000

Why Choose Brad Thornton? Experience, Expertise, & Trust

When your future is at stake, you need a lawyer who has the Experience, Expertise, and Trustworthiness to protect you.

  • Experience: As a former prosecutor, Brad Thornton handled thousands of cases, giving him a unique insight into how the state builds its cases. He knows the strategies they will use, and he is prepared to counter them with a robust defense.
  • Expertise: Brad Thornton is one of a select few attorneys to be Board-Certified in Criminal Law by the Texas Board of Legal Specialization. This is the highest level of certification, demonstrating proven knowledge and skill in his field.
  • Trust: Your case is his priority. Brad is committed to direct communication and will keep you informed and involved every step of the way. His success is built on a foundation of trust and a reputation for achieving the best possible results for his clients.

To learn more about his background and qualifications, visit Brad Thornton’s attorney bio page.

Contact a San Antonio Assault Family Violence Attorney Now

Your first step is to seek legal counsel. Don’t speak with law enforcement or the alleged victim until you have spoken with an attorney. The stakes are too high.

Contact our San Antonio law office today for a free, confidential consultation. Let us put our experience to work for you.

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