You need the best defense. We have helped thousands of people get their criminal charges dismissed or reduced.
San Antonio Domestic Assault Lawyers
Assault committed in a domestic context carries more severe penalties than the same types of assault committed elsewhere. This is to protect victims and their children from family violence that has become a national problem. Prosecutors and judges take domestic assault charges very seriously. Furthermore, alleged victims of such violence have no control over asking prosecutors to drop such charges by later changing their stories. Only prosecutors or district attorneys can drop such charges. This means that, if you have been charged, it is vital that you seek legal representation from an experienced and trusted criminal defense lawyer.
Not sure what to do after a domestic violence charge? Contact us online or call (210) 970-7019 to schedule a free consultation with our domestic violence attorney in San Antonio today.
Understanding Domestic Violence & Assault Charges
Domestic violence cases are often emotionally charged and legally complex. In Texas, these charges do not just apply to romantic partners—they can involve a wide range of relationships within a household or family. Understanding who qualifies under the law is key to knowing your rights and building a strong defense.
- - Current and former spouses
- - Current and former dating partners
- - The parents of a child, regardless of marital status
- - Children, foster children, and their parents
- - Household members and roommates
As mentioned on our assault page, assault can be committed in various ways, including through threats of violence, acts of violence, or making physical contact with the alleged victim that is considered offensive or provocative. Thus, you can be charged with domestic assault even if the alleged victim was not physically touched. This is charged as a Class C misdemeanor carrying a fine of up to $500.
For cases filed in San Antonio and the rest of Bexar County, a domestic violence allegation can also affect how and where your case is handled, including which court will hear it and what bond conditions may be imposed. You may be ordered not to return to your home, to have no contact with the alleged victim, or to surrender any firearms as a condition of release. Because these restrictions can be put in place before you ever see a jury, it is critical to involve a defense team early so we can help you understand the exact accusations, preserve favorable evidence such as text messages or call logs, and start preparing for hearings that can shape the course of your case.
Types of Domestic Assault in Texas
Three types of domestic violence cases have been established in Texas. These include:
- - Domestic Assault. This includes threats of and actual acts of violence committed against intimate partners.
- - Aggravated Domestic Assault. This consists of causing serious bodily injury to the alleged victim or using a deadly weapon when assaulting or threatening the alleged victim.
- - Continuous Family Violence. This consists of domestic assaults after two or more previous arrests for assaults have occurred.
Understanding these distinctions is crucial because each type of assault carries different legal consequences and defenses. Aggressive representation from a domestic violence attorney in San Antonio can significantly influence the outcomes of these charges. At Hernández Dauphin Legal, P.C., our legal team thoroughly investigates each aspect of your case to determine the best defense strategy. We analyze all evidence, interview potential witnesses, and assess any mitigating circumstances to strengthen your case. These efforts highlight our commitment to defending the rights of those accused and ensuring fair treatment under the law.
When we evaluate a domestic assault case, we look closely at the specific statute being used by the prosecutor, any prior family violence findings on your record, and whether the police reports are consistent with medical records or statements from witnesses. In some situations, there may be issues with self-defense, mutual combat, mistaken identity, or allegations that were exaggerated in the heat of an argument. By carefully comparing the evidence with the elements of each offense level, we can identify weaknesses in the State’s case, challenge unlawful searches or arrests, and advise you on whether to pursue dismissal, reduction of charges, or a negotiated outcome that protects your record as much as possible.
Seek Aggressive Legal Defense From a Domestic Violence Lawyer in San Antonio
If you caused any type of injury, you could be charged with a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Prior convictions or allegations involving strangulation elevate the offense to a third-degree felony, carrying penalties of 2 to 10 years in prison and fines of up to $10,000. If a deadly weapon was used and serious bodily injury occurred, you may face a first-degree felony, punishable by 5 years to life in prison and a fine of up to $10,000. Other aggravated domestic assault convictions fall under a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000.
Penalties And Long-Term Consequences
At Hernández Dauphin Legal, P.C., we understand how serious these charges are and how deeply they can affect your life, relationships, and reputation. Our team of experienced domestic violence lawyers in San Antonio is here to provide the guidance and support you need. We closely examine the evidence, challenge the prosecution’s claims, and build a strong defense strategy. As your domestic violence lawyer in San Antonio, our goal goes beyond fighting charges—we advocate for your future and pursue resolutions that help protect your freedom and livelihood.
How We Guide You Through The Process
Many people charged with family violence in San Antonio have never been arrested before and are unsure what will happen at each stage of the case, from arraignment to pretrial conferences and trial settings. We walk you through the process step by step, explaining what to expect in Bexar County courts, how conditions of bond and protective orders might affect your daily life, and what you can do to avoid making the situation worse. By preparing you for court appearances, helping you gather character references, and addressing issues such as counseling or classes when appropriate, we work to present you as a whole person rather than just a police report, which can make a real difference in how prosecutors and judges view your case.
When you hire our firm, you can expect support with key parts of your case, including:
- Understanding the charges. We explain the exact offense level, potential range of punishment, and any family violence findings the State is seeking.
- Reviewing and challenging evidence. We analyze reports, recordings, and medical records to identify inconsistencies or legal issues that may benefit your defense.
- Preparing for court appearances. We help you know what to expect at each setting in San Antonio courts and how to present yourself to the judge.
- Exploring resolution options. We discuss possible outcomes with you, including dismissals, reductions, diversion programs, or trial, so you can make informed decisions about your future.
Protective Orders
Domestic assault offenders also face being named in protective orders, also known as restraining orders, that can have serious consequences. These orders can remove you from the home you share with the alleged victim, prohibit you from making any kind of contact with the protected person or children involved, bar you from visiting the protected person’s home, workplace, school, or frequent places visited, remove your gun rights, require you to pay child support, limit or revoke your custody rights, and impose other orders and restrictions.
To fight back against charges, protective orders, and the negative effects of misdemeanor and felony convictions, we strongly urge you to contact Hernández Dauphin Legal, P.C. online or call (210) 970-7019 as soon as possible.
Protective orders can further complicate familial relationships and might have long-term impacts on personal and professional aspects of life. It is essential to approach these situations with an informed strategy. At Hernández Dauphin Legal, P.C., we not only help you understand these complex legal issues but also prepare you for every step of the legal journey. We work meticulously to negotiate terms and, when necessary, represent you in court to protect your interests and rights. Our bilingual team ensures clear communication, allowing for an understanding of all legal options available to you.
In San Antonio, protective orders can be temporary or long-term, and hearings are often scheduled quickly after an incident, giving you little time to respond if you are unrepresented. We review the allegations in the application, gather favorable evidence such as messages, social media posts, and witness statements, and help you decide whether to agree to limited terms, contest the order at a hearing, or seek modifications that allow you to work, see your children, and comply with court directives. Because a family violence finding tied to a protective order can affect future criminal cases and your firearm rights, having a criminal defense team that understands both the criminal and civil sides of these proceedings is especially important.
Some of the ways a protective order might affect your daily life include:
- Limiting where you can go. You may be restricted from your own home, your workplace, or locations where the protected person spends time.
- Restricting communication. You can be ordered not to call, text, email, or use social media to contact the protected person, even about shared children.
- Affecting parent-child contact. Your ability to pick up children from school or attend activities may be changed by the terms of the order.
- Impacting employment and licensing. Certain jobs, professional licenses, or security clearances can be affected by active protective orders and family violence findings.
Experienced Legal Professionals for Domestic Assault Cases in San Antonio
If you are facing domestic assault charges in or around San Antonio, you can get seasoned and well-respected legal help from Hernández Dauphin Legal, P.C. Our team is dedicated to bringing you the highest level of service in this matter. We are backed by decades of experience in criminal law that includes years spent in law enforcement and as a judge by Juan Carlos Hernández and years spent as a prosecutor and judge by Christine Hernández. With such critical and insightful experience, your case will be handled with the utmost diligence, care, and responsiveness.
Our firm understands the intricacies and emotional stress associated with domestic assault cases. Our domestic violence lawyers in San Antonio are committed to providing personalized service, keeping you informed every step of the way. Trust us to deliver sound advice and effective legal strategies tailored to your unique situation. As members of the San Antonio community, we are proud to serve our neighbors with integrity and dedication, striving to achieve the best possible outcomes for each of our clients.
Because of our backgrounds in law enforcement, prosecution, and the judiciary, we are familiar with how local police departments investigate family violence calls, how Bexar County prosecutors evaluate cases, and what concerns judges may have when setting bond or approving plea resolutions. We use this insight to anticipate the arguments the State may raise, to identify areas where evidence may be incomplete or unreliable, and to explore alternatives to conviction, such as diversion programs or reductions where appropriate. When you work with a San Antonio domestic violence attorney at our firm, you receive the benefit of a team that understands both the human side of these cases and the way they move through the local court system.
Set up your free initial consultation with a San Antonio domestic violence attorney by contacting Hernández Dauphin Legal, P.C. via online message or by calling (210) 970-7019. Hablamos español.
-
-
-
Mr. Hernández is an awesome attorney Rosie
-
-
-
Professional and highly knowledgeable Douglas
-
-
-
-
-
Christine is passionate about her job and clients Monica
-
What Sets Our Firm Apart
- Compassionate and Understanding Legal Advocacy
- Free & Confidential Consultation On Your Case
- Personalized Approach & Attention To Each Case
- Over 4 Decades of Combined Experience
- Se Habla Español
- Our Attorneys Are Former Judges
