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San Antonio Domestic Violence
Domestic violence charges can have staggering consequences. If a case results in a conviction with a Family Violence finding, the next accusation for the person is a 3rd degree felony facing 2-10 years in prison. Many domestic violence cases are the result of an argument that starts after there has been drinking. The situation escalates over a simple argument and typically pushing and shoving back and forth so someone calls 911.
The police show up and someone usually is arrested if there are any injuries. A lot of clients tell me after the fact that the police were called just to get the other person to calm down to ease the situation. Well that happens but the problem is someone is going to jail to help ease the situation.
Assault by Contact
Assault by Contact is a Class C misdemeanor. It is punishable by up to a $500 fine. It may seem minor but a conviction for it and a family violence finding will make the next family violence bodily injury accusation a 3rd degree felony. It is critical to keep this charge off your record.
Assault by Contact involves “intentionally or knowingly threatening someone with imminent bodily injury or intentionally or knowingly causing physical contact with another when the person knows or reasonably should believe that the other will regard the contact as offensive or provocative.”
For Assault by Contact can be accomplished by a threat that would place a reasonably sensible person in immediate threat of danger. It is not necessary for the for there to be intent to cause harm just to create a reasonable apprehension. This is a highly subjective standard. These thoughts can easily be embellished especially in a heated argument where tempers are flaring.
Assault Family Violence
The most common home assault cases are Assault Family Violence. The heated argument results in someone being injured and having pain inflicted on them. The pain need not result in the breaking of the skin but simply any pain. It is a very light standard for a Class A misdemeanor that can bring a protective order kicking the accused out of the home for 30 days or up to 2 years and a possible 1 year jail sentence later on.
What is Bodily Injury?
Bodily injury is “physical pain, illness, or any impairment of physical condition. Pain can be as little as being pinched. But the photos soon after the incident are going to tell more about the extent of the possible pain that took place. The later explanations and how quickly the injuries disappeared with be helpful when evaluating the case for trial purposes.
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