Assault

Domestic violence accusations can lead to serious criminal penalties and long-term consequences. If charges are filed against you, having an experienced criminal defense team can provide critical protection, guidance, and support from the very beginning. Barrera Defense handles domestic violence cases with focus, preparation, and trial readiness. Clients in Wilson County, Atascosa County, Kendall County, Karnes County, and San Antonio turn to our firm for dedicated criminal defense representation rooted in local experience. The following acts may lead to domestic violence allegations: actual or threatened physical harm; pushing, hitting, slapping, choking, kicking, or biting; grabbing, restraining, or unwanted physical contact; harassing calls, messages, or threats; stalking or repeated unwanted contact; interference with emergency calls; allegations involving weapons; sexual assault or related allegations; violations of protective orders. Domestic violence charges may be brought when the State alleges violence, threats, or harmful conduct involving someone with whom the accused has a family, household, romantic, or dating relationship. Possible defenses may include self-defense, defense of another person, lack of intent, false accusation, accident, mistaken identity, insufficient evidence, or inconsistencies in the complainant's statements.

The Statute

Citation: Texas Penal Code §22.01

Degree and classification: Base bodily-injury assault is a Class A misdemeanor. It becomes a third-degree felony under §22.01(b)(2)(A) when committed against a family, household, or dating-relationship victim with a prior qualifying conviction, or under §22.01(b)(2)(B) when committed by strangulation or suffocation with no prior conviction required. §22.01(b-3) elevates it to a second-degree felony when both elements are present in the same offense.

Statutory language: A person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another.