San Antonio Domestic Violence Lawyer | Family Violence Attorney

We Help Clients Fight Back Against Wrongful and Unfair Allegations

Assault and other violent charges are taken very seriously in Texas. However, being accused of these acts against a family member or partner (whether current or former) carries far heavier consequences. Domestic violence charges can land a person in prison for years. And even for those who are able to avoid incarceration, the stigma of an accusation can follow them for the rest of their lives. If you’re accused of such acts, a domestic violence attorney in San Antonio, TX can help.

Christopher Castro is a premier Criminal Defense Attorney who understands the difficulties that wrongful and false allegations can lead to. Far too often, an accuser makes such accusations to secure a more favorable position in family court issues (e.g., divorce, child custody). And even when some form of violence did occur, an accuser may not be totally forthcoming about mitigating factors (e.g., self-defense). Regardless of your specific situation, having legal representation on your side is imperative.

Schedule a free case consultation today.

What Is A Domestic Abuse Charge in San Antonio?

Domestic violence goes by many names in Texas. You may hear it referred to as family violence or domestic assault, and other descriptors may be used depending on the severity of the alleged crime. Regardless of its label, domestic violence assault refers to threats or acts of violence carried out against an individual who has certain intimate connections to the accused. However, “intimate” doesn’t necessarily mean “romantic” in these instances.

For example, accusations of assault directed at any of the following individuals can result in a domestic violence case:

Current or former dating partner
Current or former spouse
Child of former or current spouse
Parent of your child
Your foster child or their parent
Other adoptive and blood relatives
Roommate

Clearly, not all of these fit the traditional definition of domestic violence. Rather than simply focusing on issues between romantic partners, Texas domestic assault laws are meant to protect family members, current or former romantic partners, and even household members of the accused. Once charged, a person could face a misdemeanor or felony — depending on the underlying circumstances of their case.

A “Class C” misdemeanor charge will result in no more than a year in jail and a fine. However, some who are accused of abuse end up facing first-degree felony charges — which can lead to decades in prison. Regardless of the charges against you, an attorney with domestic abuse experience can help you fight back.

PENALTIES & FINES

Your charge can range from a Class A misdemeanor to a first-degree felony. The degree of your charge will be based upon the severity of your case. Below are the penalties and fines you might be facing.

Assault Causing Bodily Injury to a Family Member is a Class A Misdemeanor – up to 1 year in jail and up to $4,000 in fines.
Assault by Impeding Breathe or Choking of a Family Member is a Third-Degree Felony –2 to 10 years in prison and up to a $10,000 fine.
Assault of Family Member With Prior Assault is a Second-Degree Felony – 2 to 20 Years in prison and up to a $10,000 fine
Assault of Family Member twice in 12 moths is a First-Degree Felony –2 to 10 Years in prison and up to a $10,000 fine

What Happens When You’re Accused of Domestic Violence?

The criminal case against someone accused of domestic abuse can look very different depending on the circumstances of their situation. For instance, a boyfriend accused of choking his partner could face far more severe penalties than a girlfriend accused of slapping her partner. These differences are sometimes by design, but in other instances, they result from outdated thinking that always views a particular party as guilty.

Regardless of the specific factors of a case, however, you can typically expect the following after an allegation:

Arrest: Texas law enforcement officers are required to make an arrest when domestic violence allegations are made.
Booking: The accused will be booked into a local jail after being arrested. It’s at this point that they should contact an attorney in the area (San Antonio)
Protective order: An emergency protective order will typically be issued at this point.
Charging decision: Prosecutors will need to review the evidence and make a charging decision.
Arraignment: If prosecutors decide to charge, the accused will be formally informed of this during the arraignment.
Pretrial proceedings: This step is for gathering evidence, addressing legal issues, and negotiating plea deals.
Trial: When no plea deal is reached or charges dismissed, the accused will have to stand trial.

Clearly, things will get very difficult for anyone accused of threatening or harming an alleged victim. Unfortunately, this is often the underlying goal when false allegations are made. Dating violence and other forms of abuse are very serious, and this means that a simple accusation can harm a person’s reputation. If you’ve found yourself facing such wrongful allegations — or if you need help ensuring the truth comes out — our San Antonio domestic abuse defense lawyers are here to help.

What Are Potential Defenses for Domestic Violence Charges?

Whether you’re accused of hitting your ex, abusing children, using a deadly weapon against a roommate, or any other threat or act of violence, it’s important to remember that defenses are available. While the stigma of an allegation may last some time, an accusation does not mean a person is guilty. If you’ve been accused of domestic abuse against someone, the following defenses may help you avoid a conviction:

Actions were unintentional or a mistake
Self-defense or defense of property
Lack of knowledge
No offense occurred (e.g., false allegations)
There was consent (e.g., “rough” intimate relations)
Mistaken identity
Involuntary intoxication
Constitutional violations

Clearly, there are plenty of defenses available for those accused of domestic abuse. By bringing up these issues in pre-trial proceedings, it may be possible to get charges dismissed or secure a plea deal with nothing more than probation. A San Antonio domestic violence defense attorney can help during these negotiations. However, a fair plea deal will not always be possible. When this occurs, you need an experienced legal advocate on your side.

That’s what you’ll find at The Castro Law Office.

Contact a Qualified Domestic Abuse Lawyer in San Antonio, TX

When you’re accused of threats or physical harm against a loved one or close relation, it’s important to understand the severity of these charges. Unfortunately, police often immediately believe the accuser — and this frequently results in a “guilty until proven innocent” mindset inside and outside of the courtroom. While it may seem tempting to simply accept a plea deal and move on, this decision can have unexpected and lasting consequences. This is why seeking legal counsel is imperative.

At The Castro Law Office, you’ll work with a criminal defense attorney who is committed to securing a favorable outcome on your behalf. Such outcomes can take many different forms. For instance, a “win” in your case could mean all charges dismissed or securing a not-guilty verdict. When this isn’t possible, though, a “win” could simply mean avoiding jail time. During your consultation, our attorneys will review your case and help you understand your options and possible outcomes.