Spousal Abuse Aggressive. Experienced. Professional.

Spousal Abuse Criminal Defense Attorney in San Antonio

Former Bexar County Prosecutor. Now Fighting for You.

When spousal abuse allegations surface, the criminal justice system moves fast. Protective orders can issue within hours, bond conditions restrict where you can live, and the Bexar County District Attorney’s office often pursues charges even when the complainant wants to walk them back. At Law Office of Derek W. Emmons, P.C., we defend individuals facing these charges in San Antonio and throughout Bexar County, and we bring something many defense attorneys can’t: direct knowledge of how the DA’s office builds family violence cases, because attorney Derek W. Emmons spent years on that side of the courtroom as a Bexar County Assistant District Attorney.

That prosecutorial background shapes every defense strategy we build. Mr. Emmons handles every case personally: no junior associates, no hand-offs. If you’re under investigation or already facing charges, a free and confidential case evaluation is available now.

Time matters in family violence cases. Contact Law Office of Derek W. Emmons, P.C. at (210) 702-3054 to speak directly with Mr. Emmons about your defense options.

How Texas Law Defines Spousal Abuse Charges

Texas has no criminal statute called “spousal abuse.” What that term describes in practice is an assault charge enhanced because it was committed against a spouse or family member under the Texas Family Code and Penal Code. The moment a qualifying relationship exists, a standard assault becomes “assault family violence,” which carries heavier penalties and a longer trail of collateral consequences.

Qualifying relationships reach beyond current spouses. Former spouses, individuals related by blood or marriage, people in a dating relationship, and household members all fall within the statute’s reach. The charge can arise from bodily injury, a credible threat of bodily injury, or offensive physical contact. Physical injury isn’t required for an arrest to occur.

Bexar County prosecutors frequently bundle related charges in a single case. One incident can generate assault, terroristic threats, and interference with an emergency call charges simultaneously. Assault by strangulation or choking against a family member is charged as a distinct felony and appears on the Bexar County criminal docket as ASSAULT-FAMILY-CHOKING.

Charges & Penalties San Antonio Defendants Face

The sentencing range in a family violence case depends on the nature of the conduct, the relationship between the parties, and prior criminal history. The spread from misdemeanor to first-degree felony is wide:

Class A Misdemeanor (first-offense domestic assault): Up to one year in the Bexar County Adult Detention Center and a fine up to $4,000
Third-Degree Felony (assault by strangulation or choking on a family member): 2 to 10 years in prison
Third-Degree Felony (second or subsequent domestic assault): A prior offense elevates the charge out of misdemeanor territory entirely
Third-Degree Felony (continuous violence against the family): Two or more domestic assaults within 12 months, even without prior convictions, carry 2 to 10 years and up to a $10,000 fine
First-Degree Felony (aggravated domestic assault): Using a deadly weapon and causing serious bodily injury to a family member can result in 5 to 99 years or life in prison and a $10,000 fine

Beyond incarceration, Texas magistrates routinely impose firearm surrender conditions and emergency protective orders immediately following a domestic violence arrest. A misdemeanor domestic violence conviction also triggers a federal lifetime ban on firearm ownership. Local Bexar County judges weigh prior record and community impact when determining the actual sentence within these ranges.

What a Former Bexar County Prosecutor Brings to Your Defense

Mr. Emmons prosecuted family violence cases as a Bexar County Assistant District Attorney. He knows how the DA’s office evaluates witness credibility, what evidence it leans on when no physical injury exists, and where procedural weaknesses tend to appear in law enforcement’s handling of these cases. That insight now works for our clients.

Many spousal abuse prosecutions rest entirely on one person’s account, with no independent physical evidence and no corroborating witnesses. When that’s true, a defense attorney who understands how prosecutors weigh credibility can challenge the foundation of the case directly. And because the Bexar County DA can proceed even after a complainant asks to drop the matter, knowing how that decision gets made inside the office is a real strategic advantage.

Our defense work includes independent witness interviews, close review of police reports for procedural errors, and challenges to whether law enforcement had valid grounds for a warrantless arrest. Our case results in this specific charge category reflect that approach:

Dismissed Day of Trial: Assault-Bodily Injury-Married (State vs. G.F.)
Dismissed Day of Trial: Assault-Bodily Injury-Married (State vs. J.M.)
Dismissed Day of Trial: Assault-Choking Strangulation (State vs. J.M.)
Dismissed Day of Trial: Assault-Bodily Injury-Family (State vs. R.H.)
Rejected: Assault Bodily Injury-Family (State of Texas vs. J.D.)
Dismissed: Assault Bodily Injury/Married (State of Texas vs. A.A.)

These outcomes reflect specific case facts. Prior results don’t guarantee future results, and every case is different.

Start Your Defense Before Charges Are Filed

The decisions made in the first 24 to 48 hours after an arrest or investigation begins can affect bond conditions, evidence preservation, and the overall shape of the case. Waiting is rarely advantageous. We offer free, confidential consultations to anyone under investigation or facing spousal abuse charges in San Antonio. Mr. Emmons can review your situation directly and outline a realistic path forward.

Call (210) 702-3054 or reach out through our online contact form to schedule your free consultation with Mr. Emmons today.

Defense Strategies for Spousal Abuse Charges in Texas

Texas law requires the prosecution to prove every element of an assault family violence charge beyond a reasonable doubt. That burden shapes how we approach every defense. The right strategy depends on the specific facts of the case, but the most commonly effective defenses include:

False or motivated accusations: Allegations tied to divorce proceedings, child custody disputes, or other civil conflicts may lack the credibility to sustain a prosecution. We examine the timing and context of the accusation closely.
Self-defense: Texas law recognizes self-defense when the defendant had a reasonable belief that force was necessary and was not the initial aggressor. When the facts support it, we develop this defense fully.
Challenging the legal definition of the conduct: Not every physical contact rises to the level of assault under Texas law. We evaluate whether the alleged conduct actually meets the statutory definition of bodily injury or offensive contact.
Credibility and consistency: In cases with no physical evidence, we scrutinize the accuser’s account for inconsistencies across statements to police, medical personnel, and other witnesses.
Procedural challenges: We review whether law enforcement had probable cause for a warrantless arrest under Texas law and whether the defendant’s rights were protected during any interrogation.

Protective Orders in Bexar County: What Defendants Need to Know

A family violence criminal complaint in Bexar County can trigger a protective order process that runs parallel to the criminal case. Its restrictions, including housing displacement, child access limitations, and firearm surrender, take effect before any conviction.

When a complainant files with the Bexar County District Attorney, the Sheriff’s office serves the accused with a temporary ex parte protective order that can be issued without the accused present and may remain in place for approximately two weeks. The hearing for a permanent protective order is held at the Bexar County Family Justice Center. While an attorney can’t appear for the accused at the temporary order stage, we can appear on your behalf at the permanent order hearing, where you have the right to contest the evidence and the order’s terms.

A permanent protective order may last up to two years and can require leaving a shared residence, surrendering firearms, and prohibiting all contact with the alleged victim or shared children. Violating a protective order is a separate criminal offense: a first or second violation is a Class A misdemeanor, and a third or subsequent violation, or any violation involving assault or stalking, is a third-degree felony.

Collateral Consequences of a Domestic Violence Conviction

A conviction on an assault family violence charge doesn’t end when a sentence is served. Even a misdemeanor carries consequences that can follow someone for years:

Permanent criminal record: The conviction appears on background checks with no automatic expiration under most circumstances.
Firearm rights: Federal law imposes a lifetime ban on firearm possession after any misdemeanor domestic violence conviction. Texas law adds a five-year restriction after sentence completion.
Professional licensing: Fields requiring state licensing or federal background checks can deny or revoke licenses based on a family violence conviction.
Child custody: A conviction or an active protective order can directly influence custody determinations in Bexar County family court.
Employment, housing, and education: Employers, landlords, and educational institutions may deny opportunities after finding a domestic violence conviction on a background check.
Immigration: Non-citizens facing family violence charges or convictions may face serious consequences to their immigration status.

The criminal case and its downstream effects are inseparable. An effective defense strategy has to account for both, which is why experienced representation from the earliest stage matters.

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Dependable Criminal Defense Attorney

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: Bexar County Prosecutor Turned Defense Attorney

Before founding Law Office of Derek W. Emmons, P.C., Derek W. Emmons worked as a Bexar County Assistant District Attorney, prosecuting the same types of family violence charges he now defends. That background isn’t a generic credential. It means Mr. Emmons has sat across the table from defense attorneys in these cases, evaluated the same evidence packages San Antonio prosecutors build today, and understands the internal logic of how the Bexar County DA’s office decides to pursue or decline a case.

Over more than 20 years of criminal trial practice, Derek W. Emmons has developed deep familiarity with Bexar County judges, local court timelines, and the procedural standards that govern how these cases move through the system. That local knowledge shapes how we advise clients on realistic outcomes and how we position a defense for the specific courtroom in which it will be tried.

Mr. Emmons holds AVVO 10.0 ratings in both Criminal Defense and DUI/DWI. He is an active member of the San Antonio Criminal Defense Lawyers Association and the Texas Criminal Defense Lawyers Association, and he is licensed by the Supreme Court of Texas and admitted to practice in the Western District of Texas federal court system. Clients who come to this firm for spousal abuse defense in San Antonio work directly with Mr. Emmons from the first consultation through the resolution of the case.

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Derek W. Emmons

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Start Your Defense

If you are facing criminal charges or if you even believe you are merely under investigation for a crime, contact the Emmons Law Firm, P.C. as soon as possible for a free and confidential consultation. With over 20 years of legal experience, Attorney Derek Emmons understands what you are up against—and what it will take to aggressively advocate for your rights. You need an attorney who understands all sides of the criminal justice system; you need the Emmons Law Firm, P.C.

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Get to Know Attorney Derek Emmons

Over 20 Years of Criminal Trial Experience
Honest, Straight-Forward Communication
Hands-On Service
5 Star Client Rating
Former Prosecutor