A Compassionate lawyer experienced in San Antonio domestic violence cases

San Antonio's Domestic Violence Attorney

Domestic violence, also called Family violence is a serious matter and if you are charged with that offense you need experienced legal representation to protect your rights.

San Antonio attorney, Gary F. Churak has represented individuals charge with Domestic or Family violence for over 30 years.

If you are charged and convicted of Domestic or Family violence you not only have a conviction on your criminal record but under Federal Law you will be denied the ability to own a gun or purchase ammunition.

If you are in possession of a gun or ammunition after a domestic or family violence conviction you can be charged with a federal crime that carries significant prison time.

"Most Domestic or Family violence cases are Class A misdemeanors that carry up to a year in jail."

Further if there is a finding of family you can be denied the right to have primary custody of your children should you be involved in a Divorce or Child Custody case.

Additionally, often in such cases a plea bargain is offered for deferred adjudication probation.

You are told that you will not have a conviction on your record and if you do everything you are required to do the case will be dismissed.

As good sound as that sounds to get the case over with, be advised, that while on probation you cannot have a gun or ammunition.

You will also incur fines, court costs and fees for anger management classes that can run into the thousands of dollars.

You will also have the case on your record for the rest of your life as these cases cannot be sealed with a Non-Disclosure Petition.

Most Domestic or Family violence cases are Class A misdemeanors that carry up to a year in jail.  

However, if it is alleged that you choked the individual or have a prior similar you are looking at a felony with up to 10 years in prison.

If you are charged with a Domestic or Family violence case contact the Law Offices of Gary F. Churak and speak to a criminal defense attorney with 30 plus years of experience in representing individuals in similar cases.

Contact a Domestic Violence Defense Attorney in San Antonio today!

This attorney is ready to fight for you and your rights.

Call the Law Offices of Gary Churak, P.C. at (210) 545-3850 or contact the firm online to schedule a free consultation visit to discuss your legal needs.

What are the penalties for domestic assault and family violence in Texas?

Domestic assault and family violence are serious issues that affect many individuals and families in the state of Texas. These types of crimes involve physical, emotional, or sexual harm to a family member or household member by another family or household member. In this document, we will explore the penalties for domestic assault and family violence in Texas and provide helpful information for those who may be facing these charges.

Understanding Domestic Assault

Domestic assault, also known as domestic violence, is a type of assault that occurs between family or household members. Under Texas law, family members include spouses, former spouses, parents, children, foster parents and foster children, and individuals who are currently or have previously lived together. Household members include individuals who are living or have previously lived together in a dating relationship, as well as individuals who have a child together or have had a child in common.

Types of Domestic Assault

In Texas, there are three types of domestic assault charges: Class A misdemeanor, third-degree felony, and second-degree felony. The severity of the charge depends on factors such as the severity of the injury, if a weapon was used, and if there is a history of previous convictions.

Class A Misdemeanor

A Class A misdemeanor domestic assault charge carries penalties of up to one year in jail and/or a fine of up to $4,000. An individual may face this charge if they caused bodily injury to a family or household member, or if they threatened a family or household member with bodily injury.

Third-Degree Felony

A third-degree felony domestic assault charge carries penalties of up to 10 years in prison and/or a fine of up to $10,000. This charge may be given if an individual caused serious bodily injury to a family or household member, used a deadly weapon during the assault, or had previous convictions for domestic assault.

Second-Degree Felony

A second-degree felony domestic assault charge carries penalties of up to 20 years in prison and/or a fine of up to $10,000. This is the most severe type of domestic assault charge and may be given if an individual caused serious bodily injury to a family or household member with a deadly weapon and has previous convictions for domestic assault.

In addition, if you are convicted of domestic assault or family violence, you will be required to complete a mandatory counseling program and may be subject to a protective order. A protective order is a court order that prohibits the accused from having any contact with the victim, including in person, by phone, by email, by text message, or through social media.

If you violate a protective order, you can be charged with a crime and may be subject to additional penalties, including jail time.

If you have been charged with domestic assault or family violence in Texas, it is important to hire an experienced criminal defense attorney as soon as possible to mount a strong defense on your behalf. An experienced lawyer will be familiar with the laws and procedures surrounding domestic assault and family violence cases and will be able to guide you through the process and ensure that your rights are protected.


What is "assault" in Texas?

As stated in the Texas Penal Code (Title 5, Chapter 22), an assault occurs when a person:

  • Intentionally, knowingly or recklessly causes bodily injury to another person, including the person's spouse
  • Intentionally or knowingly threatens another person with imminent bodily injury, including the person's spouse
  • Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.


Therefore, to be convicted of domestic violence based on assault, the prosecutor must prove that you committed one of the above acts against your family member or household member. If you have been charged with domestic violence, it is important to speak with an experienced criminal defense attorney to discuss your legal options.


What is domestic assault or family violence?

Domestic assault, or family violence, is a distinct form of assault that can mean many different things. In Texas, domestic violence laws can apply to anyone who is related by "affinity" - which includes foster parents and foster children.

Domestic assault offenses may involve an assault against a spouse, a member of a family by blood, marriage or adoption, a member of a household who lives in the same place as the defendant (such as a nanny or a roommate), or a former or current dating partner.

Family violence is a serious issue with far-reaching consequences. If you have been accused of domestic assault, it is important to understand the charges against you and what your legal options are. An experienced criminal defense attorney can help you fight the charges and protect your rights.

If you have been the victim of domestic violence, there are also resources available to help you. The Texas Department of Family and Protective Services provides information and assistance to victims of family violence, including a 24-hour hotline. You can also contact your local police department or the National Domestic Violence Hotline at 1-800-799-7233 for help.


Types of domestic violence

There are three types of domestic violence in Texas: domestic assault, aggravated domestic assault, and continuous violence against the family.

Domestic assault is considered an aggravated domestic assault when it causes serious bodily injury or involves a weapon, even if the weapon is only brandished as a threat. This is a serious crime and a first-degree felony in Texas. Punishment is 5 to 99 years in prison and a fine of up to $10,000.

Continuous violence against the family occurs when a defendant commits two domestic assaults within 12 months of each other. This is also a serious crime and a first-degree felony in Texas. Punishment is 2 to 20 years in prison and a fine of up to $10,000.

If you are a victim of domestic violence, it is important to seek help and get away from the situation as soon as possible. There are many resources available to help you, and you should not hesitate to reach out for assistance.


Penalties for family violence and domestic assault

The penalties for family violence and domestic assault in Texas depend on the specific circumstances of each case. Such circumstances may include the victim's relationship to the defendant, whether strangulation or suffocation was involved in the assault (which is a felony) and whether the defendant had past convictions for domestic violence (also a felony), even if those led to deferred adjudication or probation.

If a family violence defendant is found to have knowingly, intentionally or recklessly caused bodily injury to another person, including a spouse, that is a Class A misdemeanor. The punishment for this offense can range from a fine of up to $4,000 to up to one year in jail. If the defendant has two or more previous convictions for family violence, however, the offense is classified as a third-degree felony. The punishment for this offense can include a fine of up to $10,000 and two to ten years in prison.

If a family violence defendant is found to have caused serious bodily injury to another person, including a spouse, that is a second-degree felony. The punishment for this offense can range from two to 20 years in prison and a fine of up to $10,000. If the defendant has two or more

previous convictions for family violence, however, the offense is classified as a first-degree felony.

The punishment for this offense can include five to 99 years in prison and a fine of up to $10,000.

Strangulation or suffocation during a family violence offense is a third-degree felony, regardless of the defendant's criminal history. The punishment for this offense can include two to ten years in prison and a fine of up to $10,000.

If you have been accused of family violence or domestic assault, it is important to speak with an experienced criminal defense attorney as soon as possible to discuss your legal options and defenses. An experienced attorney can help you navigate the criminal justice system and protect your rights.


Defenses against a domestic violence charge in Texas

Domestic violence is a serious charge in Texas, and anyone who is facing such an accusation should take it very seriously. An experienced defense lawyer can help you explore a variety of defenses against a domestic violence charge, including self-defense.

Self-defense is the most common defense against a charge of assault, whether it is domestic or otherwise. To assert this defense, you must be able to prove that you were threatened with unlawful force or harm and responded appropriately in self-defense.

Further, there must have been no reasonable chance of escaping or retreating from such a threat, and the force used by you must have been proportional to the threat faced. If you can successfully establish these elements, then you may be able to avoid a conviction for domestic violence.

If you have been charged with domestic violence, do not hesitate to contact an experienced criminal defense lawyer who can help you explore your legal options and mount a strong defense against the charges.

If you have been charged with domestic violence in Texas, there are several potential defenses that your attorney may be able to use on your behalf. One is that no assault occurred – in other words, that you were falsely accused of domestic violence. This can happen in cases where someone is trying to gain an advantage in a child custody battle or divorce proceeding. If the person accusing you of domestic violence is willing to retract their claim, this can be helpful evidence in your defense. However, even if they are not willing to do so, your attorney may still be able to use their statements to show that the accusation is not credible.

Finally, if the alleged victim is unable to testify due to physical or mental incapacity, this may also be a valid defense. Without testimony from the alleged victim, it may be difficult for the prosecution to prove their case beyond a reasonable doubt.

If you have been charged with domestic violence in Texas, it is important to speak with an experienced defense attorney as soon as possible. They will be able to review the facts of your case and advise you on the best course of action.


How Much Will My San Antonio Domestic Assault Case Cost?

Several factors can affect the overall cost of your San Antonio domestic assault case. The severity of the charges, the number of victims involved, and the jurisdiction in which your case will be tried can all play a role in determining the final cost.

The average cost of a domestic assault case in San Antonio is $5,000. However, cases can range from as little as $500 to over $10,000. Most cases fall somewhere in the middle, with an average cost of around $7,500.

If you are facing serious charges, such as aggravated assault or strangulation, you can expect to pay more for your defense. These types of cases typically require more time and resources to defend, and as such, will cost more.

If you have multiple victims involved in your case, you can also expect to pay more. This is because each victim will need to be interviewed and may need to testify in court. Additionally, if there are children involved, there may be additional costs associated with their care.

Finally, the jurisdiction in which your case will be tried can also affect the cost. If your case is being tried in federal court, you can expect to pay more for your defense than if it were being tried in state court. This is because federal cases tend to be more complex and require more resources.

No matter what the final cost of your San Antonio domestic assault case ends up being, it is important to remember that you have the right to a vigorous defense. If you are facing serious charges, you should not hesitate to contact an experienced criminal defense attorney who can help you protect your rights and mount a strong defense.


How long Will My San Antonio Domestic Assault Case take?

If you've been charged with domestic assault in San Antonio, you're probably wondering how long the process will take. Unfortunately, there is no one-size-fits-all answer to this question. The length of your case will depend on several factors, including the severity of the charge, the strength of the evidence against you, and whether you choose to go to trial or accept a plea deal.

That said, most domestic assault cases in San Antonio take between six and twelve months to resolve. If you go to trial, your case will likely take longer than if you accept a plea deal. And if your case is particularly complex or serious, it could take even longer.

If you're facing domestic assault charges, the best thing you can do is contact an experienced criminal defense attorney. An experienced attorney will be able to give you a better idea of how long your case is likely to take and what you can expect at each stage of the process. Contact a San Antonio criminal defense attorney today to get started.

Many factors can affect the length of a domestic assault case in San Antonio. The severity of the charge, the strength of the evidence against you, and whether you choose to go to trial or accept a plea deal are all important considerations. An experienced criminal defense attorney will be able to give you a better idea of how long your case is likely to take and what you can expect at each stage of the process. Contact a San Antonio criminal defense attorney today to get started.