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Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Assault Family Violence - Strangulation
Texas Penal Code § 22.01(b)(2)(B) - ASSAULT-FAMILY-CHOKING/STRANGU
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Assault Family Violence - Strangulation Defense Attorney in San Antonio, Texas
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.
It is important to note that family violence can occur between family members or household members of any age, including between parents and children, siblings, and other relatives. It can also occur between individuals who are currently or were previously in a dating relationship.
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.