San Antonio Domestic Violence Lawyer
Defending Clients Against Domestic Violence Charges in Bexar County
Domestic assault is one of the most common crimes committed in San Antonio and the nearby areas. While it’s true that many of those who commit such acts must be punished, there are many men and women unjustly accused of violence they did not commit. In many cases, these accusations can arise from misunderstandings, miscommunications, or even outright malicious lies. If you've been accused of domestic violence, you must contact a domestic violence attorney in San Antonio immediately.
A skilled attorney will diligently investigate the circumstances behind the allegations, gathering evidence and witness testimonies that may be crucial to your defense. By challenging the prosecution's narrative, a competent lawyer can help demonstrate inconsistencies and uncover motives that may lead to false accusations, such as custody battles or personal vendettas. This proactive approach is essential to protect your rights and minimize potential repercussions.
Unfortunately, even false allegations can lead to serious penalties. An individual charged with domestic violence will almost always be subject to an order of protection (commonly referred to as a “restraining order”). Violations of these orders can result in additional charges carrying even more severe consequences than the original offense.
Notably, restraining orders can deeply impact one's personal and professional life, often leading to restrictions that may affect living arrangements, employment, and even child custody. Understanding the intricacies of these legal tools is crucial, and having an attorney by your side can help navigate and possibly negotiate the terms of such orders to lessen their impact on daily life.
Contact our San Antonio domestic violence attorney online or by phone at (210) 702-3054 for a free, confidential consultation.
Consequences of Domestic Violence in Texas
Unfortunately, domestic violence is not uncommon. Domestic violence includes a large range of threatening or harmful actions, including spousal abuse, child endangerment, and more. Even if the defendant did not intend to harm the victim, any act that is perceived as violent or threatening could be grounds for prosecution under Texas law.
The impact of a domestic violence charge extends beyond immediate penalties, affecting one's future opportunities and reputation. A conviction can hinder career advancement, result in the loss of professional licenses, and affect other areas such as housing and education opportunities. Long-term consequences underscore the importance of a rigorous defense strategy to lessen or dismiss charges, preserving one's future as much as possible.
A domestic violence misdemeanor occurs when one family member commits or threatens to commit violence against another family or household member.
Penalties for misdemeanor domestic violence sentences are dependent upon the precise details of each situation. The court will consider previous convictions, whether the offender was on probation or parole, and any other extenuating circumstances.
Some of the penalties that may attach to misdemeanor domestic violence in Texas include:
- Up to a year in jail
- A fine of up to $4,000
- Probation
- Community service
- Court-ordered domestic violence counseling
- Being subjected to a protective order
- Inability or limited ability to own or possess any firearms
Contact us online now for a free consultation with San Antonio assault attorney Derek W. Emmons.
Derek W. Emmons fights for the rights of those falsely accused of a crime in the San Antonio area. His skill, tenacity, and experience are committed to protecting your rights. You can always expect aggressive representation, personal attention, and dedicated service. For over 20 years, Derek W. Emmons has gone above and beyond for his clients and will do everything possible to help you avoid a criminal conviction.
Derek W. Emmons
"Derek W. Emmons is a criminal law attorney and the owner and founder of the Law Office of Derek W. Emmons, P.C.. Attorney Derek Emmons is a former Assistant District Attorney for Bexar County in the State of Texas. He is fully licensed by the Supreme Court of the State of Texas and the Western District of Texas Federal Court System, which ensures not only a smooth representation in the state courts but also in the federal courts."
Derek's comprehensive background provides a unique advantage to clients facing domestic violence charges. His intricate understanding of the prosecutorial process enables him to scrutinize the state's case meticulously, seeking every opportunity to challenge insufficient or improperly gathered evidence. Additionally, Derek's dedication to continuous legal education keeps his strategies innovative and well-informed, benefitting his clients by employing the latest defenses available.
Frequently Asked Questions: San Antonio Domestic Violence
What Constitutes Domestic Violence under Texas Law?
Domestic violence in Texas includes a range of acts committed against a family member, household member, or someone in a dating relationship. It covers physical harm, bodily injury, assault, or the threat of such actions. Emotional abuse and controlling behaviors, while not explicitly categorized as domestic violence, are often considered as part of the overall pattern of abuse in legal assessments. Understanding these criteria is essential for both the accused and the victim to recognize the legal boundaries and implications of their actions.
How Can a Lawyer Assist in a Domestic Violence Charge?
An attorney can provide invaluable assistance by reviewing the charges, analyzing evidence, and formulating a robust defense strategy. They can negotiate with prosecutors, possibly securing plea bargains or reduced charges when appropriate. Lawyers also challenge procedural errors or rights violations, ensuring that their client’s case is handled fairly. By providing context to the allegations and highlighting inconsistencies or overstated accusations, a lawyer can significantly affect the outcome of the case, safeguarding the accused's rights throughout the legal process.
What Are the Long-Term Consequences of a Domestic Violence Conviction?
A domestic violence conviction can transcend immediate legal penalties, affecting various facets of life. Convicted individuals may face restrictions on firearm possession, challenges in securing housing or employment, and enduring social stigmatization. A criminal record can alter professional opportunities, particularly in fields requiring background checks or state licensing. Understanding these potential outcomes underscores the importance of a defense strategy aimed at maintaining a clean record whenever possible, highlighting the serious implications such a charge holds.
Can Domestic Violence Charges Be Dropped or Dismissed?
Yes, domestic violence charges can be dropped or dismissed under certain conditions. Prosecutors may choose to dismiss charges if evidence is insufficient or if the alleged victim decides not to pursue the matter further. However, it is important to note that this decision ultimately lies with the state prosecutor and not the victim, and charges may still proceed independently of a victim's wishes. A lawyer can facilitate the process by providing compelling reasons for dismissal based on a comprehensive analysis of the situation, advocating for the client's interests at each opportunity.
What Should I Do If I Am Falsely Accused of Domestic Violence?
If falsely accused, immediate action is crucial to protect oneself legally and personally. Contacting a domestic violence attorney is the first step, as they will guide the accused through legal procedures, help collect exonerating evidence, and advise on interactions with law enforcement. It's essential to avoid contacting the alleged victim or trying to handle the situation independently, which could exacerbate legal challenges. By entrusting an experienced lawyer to guide them, those falsely accused can focus on clearing their name with a strategic and lawful approach.
Client Reviews
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“The absolute best that I could ask for.”- Eddie M.
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“Mr. Emmons was always professional and knowledgeable about the law.”- Pauline B.
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- Kris F.
You have helped me so much with my case and I owe you a lot. You saved me from having to do a lot of time and I really appreciate all you’ve done for me, Derek. Thank you!
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“In my personal and business life I have dealt with many attorneys but none have been as efficient, effective or professional as Mr. Emmons.”- Margie
