San Antonio Continuous Family Violence Attorney
Skilled Continuous Family Violence Attorneys in San Antonio, Texas
The offense of continuous family violence in San Antonio, Texas is defined as committing two or more acts of family violence within a 12-month period. If you are facing charges under this statute, our San Antonio Continuous Family Violence Attorney can help you navigate the complexities of your case.
In Texas, the offense of assault family violence is defined as committing an assault against a family or household member. An assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person, or threatening another person with imminent bodily injury.
There are several elements that must be present in order for an act to qualify as assault family violence in Texas. These elements include:
- A relationship between the perpetrator and the victim that falls within the definition of “family or household member.” This includes spouses, former spouses, parents as well as parents of the same child, children, and other individuals related by blood or marriage, as well as individuals who are or were living together as a family or in the same household.
- An act that causes bodily injury to the victim, or a threat of imminent bodily injury. Bodily injury is defined in the Texas Penal Code as physical pain, illness, or any impairment of physical condition.
- Intent on the part of the perpetrator to cause bodily injury, or to threaten the victim with imminent bodily injury. This means that the perpetrator must have intended to cause the victim harm, or must have acted with reckless disregard for the safety of the victim.
Our experienced attorney is equipped to handle continuous family violence cases and will provide a strong defense to protect your rights.
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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Defenses to Continuous Family Violence
There are several potential defenses to the charge of continuous family violence in Texas. Some common defenses include:
- Self-defense: If the defendant used force against the victim in self-defense or defense of another person, they may be able to argue that the actions were justified and not the result of family violence.
- False allegations: It is not uncommon for individuals to make false allegations of family violence, either out of spite or to gain an advantage in a divorce or custody battle. If the defendant can provide evidence that the allegations are false, they may be able to avoid a conviction.
- Lack of intent: For an act to qualify as family violence, it must be done with the intent to cause physical harm, bodily injury, assault, or sexual assault, or as a threat that reasonably places the victim in fear of imminent harm. If the defendant did not act with this intent, they may be able to argue that their actions do not meet the definition of family violence.
- Accident: If the defendant’s actions were accidental and not intended to cause harm, they may be able to argue that they did not commit an act of family violence.
It is important to note that these are just a few potential defenses to the charge of continuous family violence in San Antonio, and the specific defenses available in a particular case will depend on the unique circumstances of that case. It is advisable to consult with a San Antonio continuous family violence lawyer to discuss the specific defenses that may be available in your case.
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 |
Punishments for Continuous Family Violence in Texas
In Texas, the offense of continuous family violence is a serious charge that can carry significant consequences upon conviction. If an individual is charged with continuous family violence in Texas, they may be subject to a variety of potential punishments upon conviction, including:
- Imprisonment: Continuous family violence is typically charged as a third-degree felony in Texas, which carries a potential prison sentence of 2 to 10 years. However, if the defendant has a previous conviction for family violence, the charge may be enhanced even higher.
- Fines: An individual convicted of continuous family violence in Texas may be ordered to pay fines in addition to any prison sentence. The amount of the fine will depend on the specific circumstances of the case and the discretion of the judge.
- Probation: In some cases, an individual convicted of continuous family violence in Texas may be placed on probation instead of being sentenced to prison. Probation is a court-ordered period of supervision during which the individual must comply with certain conditions, such as attending counseling or participating in community service.
- Restraining orders: A judge may also issue a restraining order prohibiting the defendant from contacting or coming near the victim, or from entering the victim’s home or place of work.
It is important to note that these are just a few examples of the potential punishments for continuous family violence in Texas, and the specific consequences of a conviction will depend on the unique circumstances of the case. It is advisable to seek the advice of a qualified San Antonio family violence lawyer if you are facing charges of continuous family violence in Texas.
Reach Out to Our San Antonio Continuous Family Violence Lawyer, Brad Thornton
If you have been charged with continuous family violence in San Antonio, Texas, it is important to take the charges seriously and seek the advice of an experienced criminal defense attorney. Board-certified criminal defense attorney Brad Thornton is an excellent choice for anyone facing charges of continuous family violence in San Antonio.
As a former chief prosecutor, Mr. Thornton has a unique understanding of the criminal justice system and how the prosecution will approach your case. He will use this knowledge to develop a strong defense strategy on your behalf, with the goal of obtaining the best possible outcome in your case.
Mr. Thornton is a highly skilled and experienced criminal defense attorney who has the knowledge, resources, and determination to fight for your rights and protect your interests.
In addition, Mr. Thornton is dedicated to providing personalized, compassionate representation to his clients. He understands that being charged with continuous family violence can be a stressful and overwhelming experience, and he will do everything in his power to make the process as smooth and stress-free as possible.
If you have been charged with continuous family violence in San Antonio, Texas, we highly recommend that you contact Brad Thornton for a free consultation. He will be happy to discuss your case with you and provide you with the guidance and support you need to navigate the criminal justice system.