San Antonio Assault Family Violence – Subsequent Attorney
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.
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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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 | 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 |
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.
