Assault Defense Lawyer in San Antonio.
We all have family members we love. And sometimes we argue with them. But what happens if a family member says you crossed the line and accuses you of assault? More importantly, what are your options if you are in this situation?
In this post, we will outline the law for Assault-FV in Texas. We will also tell you what to expect if police arrest you for Assault-FV in San Antonio, Texas. In addition, we will talk about two related crimes that police often file in family violence cases: Violating a Protective Order and Interfering with a 911 call. In short, here is what you need to know if police arrest you for any of these three crimes.
What is a family violence crime in San Antonio, Texas?
Family violence in Texas covers all assault crimes between family members or members of a household. Specifically, Tex. Fam. Code Sec. 71.004 states that family violence is an act by one member of the family or household against another that is intended to result in:
- physical harm;
- bodily injury;
- assault; or
- sexual assault.
On top of that, family violence also covers dating violence. Under Tex. Fam. Code Sec. 71.0021, dating violence covers the same conduct that we described above. The major difference between these two definitions is in the nature of the relationship.
For instance, family means anyone that is related by blood, marriage or adoption. In contrast, dating means that you are going out with the other person. Nevertheless, the term family violence covers both types of cases.
If I defend myself from an assault by a family member or dating partner, am I committing family violence in Texas?
No. You have a right to defend yourself from an assault by anyone in Texas. This includes an assault from a family member of dating partner. Critically, the Texas Family Code states that family violence “does not include defensive measures to protect oneself[.]”
More to the point, self-defense is one of the most common defense issues in Assault-FV cases. For instance, a person may say that they did not intend to hurt the other person. They simply pushed them away to stop the assault or to get away.
However, this is a fact specific defense. And you will need to talk to a family violence defense lawyer to see how it applies to your case.
What is an assault crime in Texas?
Tex. Penal Code Sec. 22.01 says an assault happens when a person acting with criminal intent does any of the following:
- causes bodily injury to another person;
- threatens another person with imminent bodily injury;
- causes physical contact with another person that is offensive or provocative.
Surprisingly, this assault crime applies to both regular assault cases and family violence cases. In other words, if you get into a bar fight with a stranger by punching, shoving, or kicking the stranger, then police may arrest you for an assault charge. Similarly, if you get into a fight with a family member or dating partner by punching, shoving, or kicking the other person, then police may arrest you for an assault crime.
The major difference between these two examples lies in the status of the victim. Texas law treats assaults between family members or dating partners differently. Namely, you can lose custody of your kids and lose the right to own a gun in the future.
What are the penalties for Assault-Family violence crimes San Antonio, Texas?
| Assault Type | Class | Jail Time | Fine Amount |
| Offensive Contact. | Class C | – | Up to $500.00. |
| First Offense. | Class A | 0-1 year in Bexar County jail. | Up to $4,000.00. |
| Choking. | 3rd Degree | 2-10 years in TDC. | Up to $10,000.00. |
| Second Offense. | 3rd Degree. | 2-10 years in TDC. | Up to $10,000.00. |
Can you get probation for a first-time assault family violence case in Texas?
Yes. Probation is an option for first-time assault crimes in Texas. In fact, in some cases you can ask the State to lower or drop the charges. However, this option will depend on the facts of your case and on the discretion of the prosecutor.
Is it a crime to stop someone from calling 911 in Texas during a domestic dispute?
Yes. Tex. Penal Code Sec. 42.062 makes it a crime to stop another person from calling 911 for help. Police often file this charge in family violence cases. It happens when two family members or dating partners get into a fight. From there, one of the people in the fight calls or tries to call 911 for help. If you stop or try to stop that person from calling for help, then police will arrest you for interfering with a 911 call.
This crime is a Class A misdemeanor. It carries the following punishment:
- Up to 1 year in Bexar County Jail;
- Up to a $4,000.00 fine.
However, the jail time will go up if the person has done this crime before.
Is it a crime to violate a protective order in Texas?
Yes. Texas law requires everyone to follow family court orders and criminal bond conditions. If you do not then, the State may file a Violation of Protective Order charge against you.
Namely, Tex. Penal Code Sec. 25.07 bars people from intentionally and knowingly doing the following in violation of a court order:
- assaulting anyone covered by a protective order;
- talking to a protected person in a threatening or harassing manner;
- communicating with a protected person if the order bars contact with the protected person;
- going to the protected person’s work, school, or home;
- possessing a gun;
- hurting or stealing a pet that belongs to a protected person;
- tampering with a GPS monitor;
- placing an apple or android tracker in the car or personal belongings of the protected person; or
- following the protected person.
A first time offense for Violating a Protective Order is a Class A Misdemeanor. It carries up to 1 year in jail and up to a $4,000.00 fine.
What is the bottom line on Family Violence Criminal cases in San Antonio, Texas?
Texas law carries serious penalties for people who hurt family members or dating partners. However, not everyone arrested for a family violence case is guilty. This is true if the person defended himself from an assault by a family member or dating partner.
Moreover, if you are a first-time offender with a clean record, then you maybe able to work with the prosecutor to lower or drop your charges. For these reasons, you should always speak with Family Violence Attorney in San Antonio to see how Texas law applies to the facts of your case.
San Antonio Criminal Defense Attorney.
Genaro R. Cortez is a San Antonio Family Violence Defense Attorney with over 20 years experience handing assault crimes in Texas. This includes simple assault crimes, domestic assault crimes, aggravated assault crimes, and assaults against federal agents. If police in San Antonio arrested you for an assault crime, then call Genaro R. Cortez today to discuss your case.