Domestic Violence Lawyer in San Antonio, TX
Domestic violence allegations are taken seriously in Texas, accompanied by harsh penalties. Being accused of domestic assault places you at risk of jail time, steep fines, and a tarnished reputation. If you have been accused of domestic violence, Cook Law Firm & Associates PLLC knows how to defend against these allegations effectively. Our San Antonio domestic violence lawyer has a successful track record of defending against domestic violence charges and is ready to assist you.
Defining Domestic Violence Under Texas Law
Domestic violence is the act of intentionally causing harm or threatening physical harm, bodily injury, assault, or sexual assault against a family member, household member, or romantic partner. For this reason, the offense is often referred to as family violence.
Common examples include:
- Punching
- Hitting or slapping
- Shoving
- Grabbing
- Kicking
- Intimidating or threatening another person to get your way
- Any acts of verbal or emotional abuse
- Choking or attempting to suffocate another person
Penalties for Domestic Violence in Texas
Domestic violence can be charged as a misdemeanor or felony. Felony sentences can range from two years to life in prison, depending on the severity of the offense, plus fines of up to $10,000. If you are facing criminal charges, you could also be sued civilly.
Tex. Code Crim. Proc. Art. 5.06 prohibits a prosecuting attorney from dismissing domestic violence charges based on the victim’s decision also to pursue a civil claim. While you face criminal penalties, you could also be forced to pay the victim damages in civil court. If you are ordered to pay the victim damages, this is separate from criminal restitution (with no monetary cap applying either).
A prosecuting attorney also cannot dismiss a family violence case simply because the victim requests it. This means charges can proceed regardless of whether the alleged victim wants to move forward. Separately, a person accused of domestic violence may also face a civil lawsuit from the alleged victim, and any damages awarded in civil court are independent of criminal restitution.
Claiming Self-Defense Against Domestic Violence Charges
If you learn that there is a warrant for your arrest or a detective contacts you, seek representation immediately. The sooner you acquire representation, the better your chances of getting a reduced sentence. At Cook Law Firm & Associates PLLC, our San Antonio domestic violence lawyer knows what strategies to employ based on your particular situation.
For those facing domestic violence allegations, self-defense is often raised as a legal claim. While many assume that this is an easy way to get domestic violence charges dropped, it is not. To use self-defense, you must establish that you or others were at risk of harm unless you used physical force.
A successful self-defense claim in Texas consists of proving the following:
- The alleged victim was the aggressor
- The alleged victim was using unlawful force against you
- There was an immediate threat to your safety
- You used the appropriate level of force to protect yourself or others from harm
Since Texas is a stand-your-ground state, there is no legal duty to retreat from danger. Even so, raising the claim requires showing prima facie evidence to support your claim. If you cannot show that self-defense was a possibility, then the court will not consider it. Once you present enough initial evidence to support your claim, then the prosecution has the task of disproving it beyond a reasonable doubt.
This can be challenging when it is your word against another’s. Although self-defense can result in charges being dismissed or a “not guilty” verdict, there is no guarantee. Depending on the circumstances, successfully proving self-defense may result in the prosecution offering a more lenient sentence.
Collateral Consequences
Even if the domestic violence accusations are false or misleading, the offense will show up on criminal background checks. This can prevent you from finding suitable employment, getting a mortgage, or having access to your children. While the justice system strives to promote fairness, it also creates long-term economic disparities for former offenders. Individuals who serve their time are unprepared for this reality and are barred from professional and personal opportunities. Our San Antonio domestic violence lawyer believes that everyone deserves a clean slate, advocating for your rights from the moment of your arrest.
Facing Family Violence Charges? Speak with Our San Antonio Domestic Violence Lawyer Today
A squabble with a family member or romantic partner can have severe ramifications. If you have been accused of domestic violence, these accusations can impede your professional and personal ambitions. At The Cook Law Firm & Associates PLLC, our legal team understands exactly what is at stake when defending any criminal defendant. That is why Attorney Justin D. Cook employs every possible defense to help you achieve the best possible outcome. To schedule a consultation with our San Antonio domestic violence attorney, contact us online or by phone at (210) 740-0281.