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Pleasanton, Texas 78064
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WHY HIRE THORNTON CRIMINAL DEFENSE?
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 - Subsequent
Texas Penal Code § 22.01 (b)(2)(A) - ASSAULT-FAMILY-2ND
Assault Family Violence - Subsequent Attorney in San Antonio, Texas
In Texas, the offense of "Assault Family Violence - Subsequent " which is listed on official documents in Texas as ASSAULT FAMILY/HOUSEHOLD MEMBER PREV CONV IAT, is a type of assault offense that specifically involves the use of force or violence against a family or household member, and where the defendant has previously been convicted of a similar offense involving the same victim or a different family or household member.
Under Texas Penal Code section 22.01(b)(2)(A), it is a crime to commit assault against a family or household member if the person has previously been convicted of a similar offense involving the same victim or a different family or household member.
The definition of "assault" in Texas is found in Penal Code section 22.01, which states that a person commits an assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, or if they intentionally or knowingly threaten another person with imminent bodily injury.
"Family violence" is defined in the Texas Family Code as an act by a family or household member that is intended to physically harm, threaten the safety of, or cause emotional distress to another family or household member. "Household member" is defined as a person who currently resides in the same residence as the victim, or who has resided in the same residence with the victim in the past.
"Dating violence" is defined in the Texas Family Code as an act by an individual who is or has been in a romantic or dating relationship with the victim that is intended to physically harm, threaten the safety of, or cause emotional distress to the victim.
The phrase "iat" in the name of the offense "ASSAULT FAMILY/HOUSEHOLD MEMBER PREV CONV IAT " stands for "if at trial." This means that the enhancement for a previous conviction will apply only if it is proven at trial that the defendant has a previous conviction for a qualifying offense.
Previous Convictions
Assault Family Violence - Subsequent is a unique crime in Texas in that the previous conviction enhancement does not necessarily require a previous conviction. Instead, the enhancement can be triggered by a deferred adjudication for a qualifying offense.
In Texas, deferred adjudication is a form of probation that is offered as an alternative to a criminal conviction. If a person is granted deferred adjudication, they will be placed on probation and must comply with certain conditions. If the person successfully completes probation, the charges against them will be dismissed and they will not have a criminal conviction on their record.
However, if the person violates the terms of their probation or is charged with a new offense, the deferred adjudication can be revoked and the person may be sentenced for the original offense.
Under Texas law, a deferred adjudication can count as a previous conviction for purposes of the Assault Family Violence - Subsequent enhancement, as long as it was for a qualifying offense. This means that even if a person has not been formally convicted of a crime, they can still face enhanced charges for a subsequent assault against a family or household member if they have previously received deferred adjudication for a qualifying offense.
It is important to note that the previous conviction enhancement for Assault Family Violence - Subsequent does not have to be a previous assault offense. Any crime with a "family violence finding" can trigger the enhancement, regardless of the specific offense. A "family violence finding" is a judicial determination that a crime was committed against a family or household member and was motivated by a desire to control or dominate the victim.
Defenses in Texas
If you have been charged with Assault Family Violence - Subsequent in Texas, it is important to understand the possible defenses that may be available to you. While the specific defenses that may be available will depend on the circumstances of your case, some common defenses to this charge include:
Self-defense: If you were acting in self-defense or in defense of another person, this may be a valid defense to an assault charge. In order to use self-defense as a defense, you must have had a reasonable belief that you or someone else was in imminent danger of bodily injury and that the use of force was necessary to prevent that harm.
Lack of intent: In order to be convicted of assault, the prosecution must prove that you acted intentionally, knowingly, or recklessly. If you did not act with any of these mental states, you may be able to use lack of intent as a defense.
Accident: If you did not intend to cause harm to the victim and the injury was the result of an accident, this may be a valid defense to an assault charge.
False accusation: It is unfortunately not uncommon for people to be falsely accused of assault, especially in the context of domestic or family violence. If you have been falsely accused of assault, it is important to present any evidence that supports your innocence.
It is important to note that these are just a few examples of the possible defenses to an Assault Family Violence - Subsequent charge in Texas. Every case is different, and the specific defenses that may be available to you will depend on the circumstances of your case. If you have been charged with this offense, it is important to speak with a criminal defense attorney to discuss your options.
Punishment Ranges
Level of Offense
Potential Incarceration
Potential Fine
First-degree Felony
Second-degree Felony
Third-degree Felony
State Jail Felony
Class A Misdemeanor
Class B Misdemeanor
2 - 10 years in prison
180 days - 2 years in jail
Up to 1 year in jail
Up to 180 days in jail
2 - 20 years in prison
5 - 99 years in prison
Up to $10,000
Up to $10,000
Up to $10,000
Up to $10,000
Up to $4,000
Up to $2,000
Potential Punishments in Texas
In Texas, the penalty for Assault Family Violence - Subsequent is a third-degree felony. According to Texas Penal Code section 22.01(b)(2)(A), a person who commits this offense can be punished by a term of imprisonment of not more than 10 years and a fine of not more than $10,000.
However, the actual sentence a person receives for this offense will depend on a number of factors, including the specific circumstances of the case, the defendant's criminal history, and any mitigating or aggravating circumstances.
In addition to the potential criminal penalties, there may also be collateral consequences to a conviction for Assault Family Violence - Subsequent. These are consequences that are not part of the criminal sentence but can impact a person's life in significant ways. Some potential collateral consequences of a conviction for this offense may include:
Loss of the right to possess a firearm
Difficulty finding employment or housing
Loss of professional licenses
Immigration consequences (if the person is not a U.S. citizen)
Damage to personal and professional relationships
It is important to note that these are just a few examples of the possible collateral consequences of a conviction for Assault Family Violence - Subsequent. Every person's situation is different, and the actual consequences a person may face will depend on their individual circumstances.
Attorney Brad Thornton
If you have been charged with Assault Family Violence - Subsequent in San Antonio, Texas, it is important to take the charge seriously and seek the help of a qualified criminal defense attorney as soon as possible. Board-certified criminal defense attorney Brad Thornton can provide you with the skilled legal representation you need to protect your rights and achieve the best possible outcome in your case.
One reason to consider calling attorney Brad Thornton for a free consultation is his extensive experience in criminal law. He is a board-certified criminal law specialist, which means he has been recognized by the Texas Board of Legal Specialization for his proficiency in this area. He has also served as a chief prosecutor, giving him a unique understanding of both sides of the criminal justice system.
In addition to his experience, attorney Thornton is known for his dedication to his clients and his commitment to achieving the best possible results. He will take the time to listen to your side of the story and work with you to develop a strong defense strategy that is tailored to your individual needs and goals. He will also keep you informed and involved throughout the legal process and will be available to answer your questions and address your concerns.
If you have been charged with Assault Family Violence - Subsequent in San Antonio, Texas, don't hesitate to call board-certified criminal defense attorney Brad Thornton for a free consultation. He will provide you with the skilled legal representation you need to achieve the best possible outcome in your case.
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.
David I.
Seguin, Texas
Brad was great from the moment he looked at my case. Despite his busy schedule, he made himself easily available, walked us through every detail with care and professionalism, and worked out a great deal with the prosecutor that was much better than any outcome we could have imagined. I don’t plan on needing his assistance again, but if I’m ever unfortunate enough to find myself in another legal bind, Brad will be my first call.
Brian F.
San Antonio, Texas
I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation.
Elaine B.
San Antonio, Texas
Brad is an amazing attorney, and I highly recommend him! He has deep knowledge and understanding how to navigate the law to support his clients. He has a way with people, and truly has his focus on client care and supporting them, during a time that’s usually stressful for clients. He was able to support in getting my case dismissed in less than 2 months and was attentive and personable during the whole process. You have a choice when deciding who’s going to represent you, and to have an attorney that genuinely cares for his clients should be an expectation anyone should set. Brad will meet that expectation 110%!
Kevin E.
Jourdanton, Texas
[Brad] made the process very easy for me, handling everything within a month, with a motion to dismiss all cases against me. I only had to attend court once! The portal he uses to make sure you are aware of everything going on in your case is awesome, I didn’t even have to worry everything got downloaded to the portal with email notifications. I would never use another attorney to represent me, he is the best at what he does.