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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.
Continuous Family Violence
Texas Penal Code § 25.11 - CONTINUOUS VIOLENCE AGAINST FA
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Continuous Family Violence Attorney in San Antonio, Texas
The offense of continuous family violence in Texas is defined as committing two or more acts of family violence within a 12-month period.
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.
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 Texas, 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 criminal defense attorney to discuss the specific defenses that may be available in your case.