- 1 Former Assistant District Attorney with Experience Handling San Antonio Domestic Violence Cases
- 2 Who is Considered “Family” in San Antonio Family Violence Cases?
- 3 Defend Domestic Violence Charges in San Antonio, Texas
- 4 Contact An Experienced Domestic Violence Lawyer in San Antonio
- 5 Frequently Asked Questions
- 6 Practice Areas
When you choose to partner with Sophia Martinez Law, former assistant district attorney Sophia Martinez will personally handle your case. With over 25 years of criminal defense experience, Sophia Martinez has the knowledge required to build effective defense strategies for family violence cases in San Antonio.
Former Assistant District Attorney with Experience Handling San Antonio Domestic Violence Cases
Having to get the police involved in your family’s private matters is often a wake-up call. Unfortunately, it is also usually the time when a family member walks away in handcuffs. When the police show up to a domestic violence call, they often place the suspect under arrest. In Texas, the alleged victim cannot prevent the police from filing charges. Too often, family violence cases involve a situation in which nobody wants the state to prosecute. Yet, the state will often continue to prosecute these cases regardless of the wishes of the accuser.
Family violence cases can affect your current and future employment, your right to possess a firearm. In certain situations, they can even take away your right to custody of your child. It is never worth the risk to take on family violence accusations without securing competent legal representation to defend your case.
If you have been arrested for allegedly committing family violence, it is crucial to work with an experienced domestic violence defense lawyer in San Antonio. Attorney Sophia Martinez has extensively practiced as both a former family violence prosecutor and as a family violence defense attorney. No matter the circumstances surrounding your domestic violence case, Sophia Martinez will fight to achieve the best outcome possible for your situation.
Who is Considered “Family” in San Antonio Family Violence Cases?
Texas law allows police to file charges for family violence and dating violence. Family violence is described as “an act intended to result in pain, physical harm, bodily injury, assault or sexual assault, or a threat of such an act when it is committed against a member of the accused’s family or household.”
Texas considers a “family or household member” to be a:
- Husband or wife
- Ex-husband or ex-wife
- Girlfriend or boyfriend living in the same household or with children in common
- Brother or sister
- Mother or father
- Foster child
- Foster parent
- Member of a household or family
False allegations are common in family violence cases and are often used as a way for the actual abuser to shift responsibility onto the abused victim. Domestic violence is a hot topic issue right now, and accusations should be taken seriously. With a family violence defense lawyer like Sophia Martinez on your side, there is hope that you can safeguard your reputation and circumvent penalties for the charges. Depending on your unique case, Sophia may be able to show that the state failed to prove that you acted intentionally, knowingly or recklessly.
Abuse or violence toward any of these family or household members could result in the filing of a misdemeanor or felony criminal charge. Should you be convicted of a family violence crime, you could face additional penalties imposed by the court. A conviction for domestic violence can affect your criminal record for the rest of your life. Family violence convictions will show up on any background check and can jeopardize opportunities with potential employers in the future.
Defend Domestic Violence Charges in San Antonio, Texas
Family violence often arises out of misunderstandings between two people in a domestic relationship. In many cases, police may not have evidence beyond the word of each person involved in the dispute. When they arrive to relieve the situation, they may arrest a suspect because they are required to by law. That person is often charged with assault of a family member and taken out of the home. Charges are usually filed against the wishes of the parties involved, even when there is no sign of injury.
Some of the most common charges police file concerning family violence are:
- Assault Bodily Injury/Family/Household
- Violation of Protective Order
- Terrorist Threat
- Assault by Choking/Strangulation
- Assault Family-2nd offense
- Continuous Family violence
- Injury to a child
- Child endangerment or abandonment
- Interfering with a person dialing 911
Depending on the severity of the crime and the suspect’s criminal history, penalties for domestic and family violence could include steep fines, the possibility of spending time behind bars, and other penalties that accompany misdemeanor or felony convictions. Individuals who are convicted may even have to take violence counseling or perform community service.
If you have been charged with a domestic violence offense in San Antonio, your alleged victim cannot drop the case. You need a tough San Antonio family violence lawyer like Sophia Martinez to work with prosecutors so that they may dismiss your charges. Family violence situations can become highly complex, particularly when children are involved. These cases often invite orders of protection that could keep you out of the family home and away from your children.
Contact An Experienced Domestic Violence Lawyer in San Antonio
Although every domestic violence case is unique, a misdemeanor offense for family violence could be raised to a felony under certain circumstances. Do not allow charges for family violence to completely change your life without trying to fight the charges with an experienced San Antonio family violence lawyer. Sophia Martinez Law has the ability to protect your rights and your future.
As a former family violence prosecutor and current family violence criminal defense lawyer, Attorney Sophia C. Martinez has over 25 years of experience handling cases just like yours. Sophia Martinez can provide the strong defense you need for the protection of your rights. Call (210) 226-3000 or complete our contact form to schedule a free case evaluation with Attorney Sophia Martinez today.
Frequently Asked Questions
What Are The Most Common Domestic Violence Charges In Texas?
The most common domestic violence charges in Texas can go all the way from a class C misdemeanor to a first-degree felony. Misdemeanors include: Assault Bodily Injury/Married-Household, Terroristic Threats, Violation of Protective Order and Violation of Bond. Felonies include: Assault Family-2nd, Continuous Family Violence, and Violation of Protective Order/Assault.
If I Am Facing Domestic Violence Charges In San Antonio, What Should I Do?
Contact Attorney Sophia C. Martinez immediately to discuss your case and prepare a strategy. Make sure you understand the bond conditions that were set and do not violate any of the bond conditions. If any of those conditions need to be addressed with the court then this can be handled by Sophia C. Martinez.
How Can A San Antonio Domestic Defense Lawyer Help My Case?
An attorney with experience in domestic defense cases, like Sophia C. Martinez, knows how to manage all the situations that will arise out of such an arrest. Special bond conditions such as, no contact orders or a GPS tracking system, may be placed on an individual when they are arrested for a family violence case and an experienced attorney can help get these modified or removed. In addition, having specialized knowledge and experience can assist in a more positive outcome.