San Antonio Domestic Violence Defense Attorneys
Household & Family Assault or Violence
Texas laws regarding domestic violence are very severe. These offenses are taken seriously by Texas courts. A conviction will likely affect all aspects of your life, from your family relationships to your personal and professional reputation. Furthermore, domestic violence incidents often result in restraining orders, protective orders, or orders to vacate your home. Such orders further constrain your freedom. Domestic violence charges, like nearly all criminal charges, are financially burdensome but in this case, they result in emotional distress as well.
If you have been charged or are being investigated for domestic violence assault, we urge you to contact Smith & Vinson Law Firm immediately. Our San Antonio criminal defense lawyers can ensure that your rights are protected and will begin a thorough investigation into the incident. It is important to remember to never speak to law enforcement officers, the alleged victim, cellmates, or any other party. Anything you say may be used against you in court. Speak only to your attorney.
Contact our legal team immediately in any domestic violence situation. Call for a free consultation at (210) 960-9557.
What Is Domestic Violence?
Under Texas law, the three types of domestic violence are:
- Domestic assault: Domestic assault causes physical injury, threatens to cause imminent physical harm, or makes physical contact with the victim that is provoking or offensive. In all cases, it is intentional, knowing, or reckless. The alleged victim and assailant must be family or household members or dating partners. A first offense of domestic assault is classified as a Class A misdemeanor while repeat offenses may be charged as a third-degree felony
- Aggravated domestic assault: This offense results in serious bodily injury or is committed with the use of a deadly weapon. It involves members of the same family or household or dating partners. Aggravated domestic assault is charged as a second-degree felony. When it includes both a serious bodily injury and the use of a deadly weapon, it is charged as a first-degree felony.
- Continuous family violence: After having committed two previous acts of domestic violence, a third incident will result in what is called continuous violence against the family. This can occur without an arrest or conviction of the previous two incidents and the complaining witnesses in all incidents may be different family or household members or dating partners. This offense is charged as a third-degree felony.
The defense of a domestic violence charge is comparable to the defense of an assault charge. You may have been arrested based on little evidence. This is especially true in cases where the complaining family member has accused you of alleged physical harm or threats. The only “evidence” may be his or her statement to the arresting officers. These statements often will change later on as the complainant changes his or her mind.
The defenses that apply to general assault cases also apply to those involving domestic violence. It often makes more sense to pursue a case dismissal. But even in cases where the complaining family member prefers not to press charges or wishes to stop the prosecution, Texas prosecutors have the power to pursue the charges through the court system.
With this in mind, having a proficient attorney in your corner is crucial. Our San Antonio domestic violence defense attorneys can skillfully work to interview the alleged victim, talk with any other witnesses, put together critical evidence that can help your case, and engage in negotiations with the prosecutor.
Seek Immediate Legal Support in the Wake of Domestic Violence Charges
If you have been accused of committing an act of domestic violence, you should seek immediate legal help. Our attorneys are here to listen to your side of the story, assert your legal rights, and do whatever possible to secure a favorable resolution. Let us use our arsenal of legal skills and knowledge to fight for you.
Call Smith & Vinson Law Firm today to speak to a San Antonio domestic violence defense lawyer at (210) 960-9557.
Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action.- Michael
Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs by providing me with the most support- Andrew
They handled my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process.- Elmer Marqueiz
Very professional, on time and educates you along the whole process. I had a lot to lose and you guys gave it all back to me and finally represented what true Justice is here in America.- Manuel R.
Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
Our client was accused of being intoxicated while having her 8 year old in the vehicle with her, a third degree felony in Texas. To make matters worse the investigation had been initiated after our client had crashed into two parked cars and the first thing officers noticed were the two previous DWI’s our client had.
Charges Avoided Assault
Client had been celebrating his birthday and tried to prevent some of his guest from driving while intoxicated. While attempting to arrange an alternative ride for a relative, the relative’s girlfriend decided she wasn’t having it and decided to start an altercation with a few other guest. Later she accused our client of having assaulted her and sending her to the hospital.
Dismissed Terroristic Threat
Our client was reportedly heard making terroristic threats by some members of his seventh-grade class. Police charged him with a felony. Our client was a boy scout who was well-liked by teachers but had developed ADHD and was being bullied. The State offered our client 1 year of deferred probation.
Cases Rejected Pre-Indictment Three Counts of Aggravated Assault of a Deadly Weapon
Our client was sitting on his balcony when he saw his neighbors in the parking lot mistreating an animal. He told them to stop, and the threatened him. He went inside to retrieve his firearm, but he never threatened the neighbors back.
No Charges Filed Sexual Assault Investigation
Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.