San Marcos Assault Family Violence Lawyer

Accused of Domestic Violence in San Marcos, TX?

Family violence charges are serious and can have life-altering consequences. If you or a loved one is facing allegations of assault family violence in San Marcos, TX, it’s essential to seek the help of an experienced attorney. At Cofer & Connelly, PLLC, we are committed to defending those accused of family violence and helping them navigate the complexities of Texas law.

Our attorneys have extensive experience representing clients in family violence cases and are dedicated to protecting your rights, freedom, and future. Whether you're facing a misdemeanor or a felony charge, we’re here to provide a strong defense.

Contact us today at (512) 991-0576 to learn about your legal options.

What is Considered Family Violence in Texas?

In Texas, "family violence" is broadly defined under the Texas Penal Code. It encompasses a range of violent actions, threats, or physical contact that causes bodily harm or fear of imminent harm.

Common types of family violence include:

• Physical Abuse: This includes hitting, slapping, pushing, or any physical action intended to harm a family member.
• Emotional Abuse: Threats, intimidation, and psychological harm that make the victim feel unsafe or threatened.
• Sexual Abuse: Any non-consensual sexual activity between family members or intimate partners.
• Stalking or Harassment: Persistent and unwanted attention or behavior that causes fear of harm.

In Texas, family violence applies not only to immediate family members but also to individuals in dating relationships, ex-spouses, and those who live together in the same household, regardless of marriage status. The law also covers situations involving children and other household members.

If you’re facing allegations related to any of these forms of family violence, consulting with a knowledgeable San Marcos assault family violence lawyer is crucial. Our legal team at Cofer & Connelly, PLLC can help clarify your legal standing and fight for the best possible outcome.

Penalties for Assault Family Violence

Texas imposes severe penalties for assault family violence. The penalties vary based on the nature of the incident, whether it’s a first offense or a repeat offense, and the severity of the injuries involved.

Misdemeanor Assault Family Violence

Class C Misdemeanor: If the incident involves only threats or offensive contact (without injury), it can be classified as a Class C misdemeanor. This can result in fines up to $500 but does not carry jail time.

Class A Misdemeanor: If physical contact results in bodily injury, even minor, the charge may be elevated to a Class A misdemeanor. This is punishable by up to one year in county jail and/or fines up to $4,000.

Felony Assault Family Violence

Third-Degree Felony: If the accused has prior family violence convictions, or if strangulation or suffocation occurred during the assault, the charge may be elevated to a third-degree felony. This can result in 2 to 10 years in prison and fines up to $10,000.

Second-Degree Felony: Serious bodily injury or the use of a deadly weapon can lead to second-degree felony charges. Conviction can result in 2 to 20 years in prison and fines up to $10,000.

Aggravating Factors

Certain factors can increase the severity of the penalties. For instance, if a child was present during the incident or if the victim is pregnant, the charges can be enhanced, leading to more severe consequences. Furthermore, repeat offenders face harsher sentences and longer prison terms.

Legal Defenses to Domestic Violence

Being charged with family violence doesn’t mean you’re automatically guilty. There are various legal defenses that can be used to challenge the allegations against you, depending on the circumstances of the case. At Cofer & Connelly, PLLC, we will meticulously examine the evidence and work to build a robust defense. Some of the common defenses include:

Self-Defense

One of the most commonly used defenses in family violence cases is self-defense. If you were protecting yourself from harm or injury, Texas law allows for the use of reasonable force. Our legal team can help gather evidence that supports your self-defense claim, such as witness statements, photos, or medical records showing that you were trying to prevent injury to yourself.

False Allegations

Unfortunately, false accusations of family violence are not uncommon, especially in contentious divorce or custody disputes. A spouse or partner may falsely accuse the other in an attempt to gain the upper hand in a legal proceeding. If you are facing false allegations, it is critical to collect evidence that disproves the claims and work with a seasoned attorney to dismantle the prosecution's case.

Lack of Intent

In some cases, the incident may have been an accident, with no intent to harm or cause fear. For instance, if the physical contact was incidental or part of an unintended reaction, this may serve as a viable defense. Proving lack of intent requires a thorough examination of the events leading up to the incident, and a skilled attorney can present a strong case for accidental or unintentional harm.

Mutual Combat

Mutual combat occurs when both parties are involved in a physical altercation, and it’s unclear who the aggressor was. If both parties initiated or participated in the fight, it might not be as clear-cut as an assault charge suggests. A defense attorney can argue that both individuals bear some responsibility for the incident.

How Cofer & Connelly, PLLC Can Help

At Cofer & Connelly, PLLC, we understand the emotional and legal challenges that come with family violence accusations. Our experienced team of San Marcos assault family violence lawyers will carefully assess your case, explain your legal options, and aggressively advocate on your behalf.

Here’s how we can help:

• Conduct a thorough investigation of the incident
• Collect and analyze evidence, including witness testimony and medical records
• Negotiate with prosecutors to reduce or dismiss charges
• Present a powerful defense at trial if necessary

Call (512) 991-0576 or contact us online to schedule an initial case evaluation.