Understanding Domestic Violence Laws with a San Antonio, Bexar County Domestic Violence Attorney
Any accusation of domestic violence is a serious charge. This includes a misdemeanor accusation. Such a charge itself can ruin a life, career, education, family life and liberty. A conviction can bring even more devastating consequences. Even a conviction of a Class C assault – where you may only be fined – could result in adverse consequences, including loss of your Second Amendment Rights. A conviction of ANY charge carrying a “Finding of Domestic Violence” can be devastating. The direct and collateral consequences are heavy and continue to evolve.
One faced with such a charge must immediately consider many things: Where will I live; Can I see my partner; Can I see my children: Can I access my home; Can I maintain my 2nd Amendment rights; What impact will this have on my job; What impact on my education. What is this civil law proceeding known as a Protective Order, and what are the consequences of that. Where Can I turn?
Mario Del Prado is Board Certified Criminal Law Specialist, so certified by The Texas Board of Legal Specialization, for over half of his long and illustrious career. Only those lawyers with such a designation may be referred to as “experts” and less than 1% of all Texas Lawyers are so certified. A career that includes trying many cases on both sides of aisle – prosecuting and defending. Mario Del Prado was recently the Chief of The Bexar County District Attorney’s Office Criminal Trial Division – as such, Mario is very well acquainted with all of the prosecution and courts in Bexar County.
How We Handle San Antonio Domestic Assault Cases
Especially when dealing with complicated issues like domestic abuse, Mario Del Prado’s work is centered around the needs of his clients. A peek at our strategy plan is provided here:
Customized Case Evaluation
With its own set of circumstances, each domestic abuse case is different. Before anything else, Mario Del Prado performs a thorough and customized evaluation. Getting the facts straight, assembling proof, and pinpointing the critical elements that can impact the defense plan are all necessary to do this.
Detailed Research
In-depth information on the instances in the back of the domestic violence accusations is vital to developing a compelling defense. In order to find any ability flaws or contradictions in the prosecution’s case, Mario Del Prado undertakes a comprehensive investigation that consists of reviewing the evidence, speaking with witnesses, and intently analyzing the prosecution’s case.
Building a Strategic Defense
One of the main components of our approach is developing a defense plan specific to the facts of each case. In order to get quality results for our clients, the San Antonio domestic violence protection lawyers at our workplace carefully refute the prosecution’s evidence, solidly doubt the reliability of witnesses, and inspect all to-be-had criminal alternatives.
Communication and Counselling
It is difficult and painful to deal with accusations of domestic abuse. Mario Del Prado encourages candid communication and offers assistance during the court case. Clients are given the information they need to make educated decisions by being updated on the status of their cases.
Defending Client Rights
Our top priority is continually to uphold and protect the rights of our clients. Mario Del Prado is an outspoken supporter of the rights of people who’ve been accused of home abuse. In order to ensure equitable treatment throughout judicial procedures, it is necessary to contest any constitutional rights infringement.
Cooperative Strategy
Whenever necessary, our legal team works together to draw on the knowledge of experts from a variety of sectors. Forensic experts, investigators, and other specialists may be consulted in order to fortify the defense and unearth crucial data.
All-Out Assistance
Mario Del Prado offers complete support in addition to legal representation. Assisting clients with resources for counseling, anger control, or other types of help that enhance their general well-being may fall under this category.
Select Mario Del Prado, a Proven Expert
Mario Del Prado: The Fighter You Need on Your Side
When you’re facing life-altering accusations, fear, anxiety, and doubt can consume you. In these moments, you need someone who not only understands the law but knows how to fight—someone who sees you as more than just a case file, but as a person worth defending. That’s Mario Del Prado. Mario is a Board Certified Criminal Law Specialist – less than 1% of all Texas Lawyers are so recognized, and only these Specialists may call themselves experts in Texas Criminal Law. In addition, Mario has been recognized multiple times as a Texas Super Lawyer.
With over 35 years of experience in criminal defense, Mario has fought—and won—countless battles in the courtroom, including some of the toughest sex offense cases. He knows the stakes are high, and he knows how to challenge the prosecution’s narrative. Mario’s deep insight as a former Chief of Criminal Trial and Major Crime Divisions of The Bexar County District Attorney’s Office means he can anticipate their moves and build a strategy that protects your rights and future.
But more than that, Mario Del Prado is a relentless advocate. He’s someone who takes the weight off your shoulders, stands in your corner, and gives you the confidence to face whatever comes your way. He fights for you because he believes in you, and he will stop at nothing to see that justice is done. When you need an Assault Defense Lawyer / Attorney or a Domestic Violence Defense Lawyer / Attorney in San Antonio, Bexar County, seek Mario Del Prado.
When everything is on the line, you need a fighter. You need Mario Del Prado.
Call today for the defense you deserve.
In Texas, a domestic violence charge can carry significant collateral consequences beyond the immediate legal penalties, making it essential to have a knowledgeable lawyer to navigate the complexities. Here are some key reasons:
- Loss of Gun Rights: A conviction for domestic violence, even for a misdemeanor, can result in the permanent loss of the right to possess or purchase firearms under federal law. This is particularly relevant in Texas, where gun ownership is common and valued.
- Employment Consequences: Many employers, especially in fields like law enforcement, education, healthcare, and security, are reluctant to hire individuals with domestic violence convictions. This can severely limit career opportunities.
- Child Custody and Visitation: A domestic violence conviction can influence family court decisions, leading to restrictions on child custody or visitation rights. Courts may presume that a person with such a conviction poses a risk to their children.
- Housing and Public Benefits: Convictions may also affect the ability to secure housing, as many landlords conduct background checks. In addition, domestic violence convictions can disqualify individuals from receiving certain public benefits.
- Professional Licensing: For individuals in professions that require state licenses (nursing, teaching, law, etc.), a domestic violence charge can result in the suspension or revocation of their license, jeopardizing their career.
- Immigration Consequences: For non-citizens, a domestic violence conviction can lead to deportation or make it difficult to gain legal status in the United States, even if the person is a lawful permanent resident.
- Permanent Criminal Record: A conviction results in a permanent criminal record, making it challenging to move past the incident. Unlike other offenses, domestic violence charges are typically ineligible for expungement in Texas.
Having a knowledgeable lawyer is essential because they can help:
- Challenge the charges or negotiate for lesser charges to avoid these consequences.
- Provide a strong defense aimed at dismissal or acquittal.
- Negotiate plea agreements that minimize the long-term effects of the charge.
- Understand the full scope of legal and collateral consequences, ensuring the best possible outcome for the client.
Even a Class C Assault in Texas will carry serious consequences. Seek Mario Del Prado Criminal Defense Lawyer in San Antonio, Bexar County, to navigate the legal intricacies and protect the client’s rights throughout the process, helping to mitigate both the legal and collateral damage that a domestic violence charge can bring.
Facing Assault Charges in Texas: Frequently Asked Questions
Being charged with assault can be a life-altering event, especially in Texas, where laws regarding violent offenses are stringent. If you or a loved one is facing assault charges, it’s natural to have many questions and concerns. As a Texas criminal defense lawyer with extensive experience, I understand how daunting the legal process can feel. Below are some frequently asked questions that may help clarify your rights and the steps ahead.
1. What exactly is considered assault in Texas?
In Texas, assault can range from a simple threat to a severe physical altercation. According to Texas Penal Code § 22.01, you may be charged with assault if you:
- Intentionally, knowingly, or recklessly cause bodily injury to another person,
- Threaten someone with imminent bodily injury, or
- Physically contact someone in a way you know will be considered offensive or provocative.
The severity of the charge can vary depending on whether a weapon was involved, if the victim sustained serious injuries, or if the assault was committed against a protected individual (like a public servant or family member).
2. What are the penalties for assault in Texas?
The penalties for assault depend on the nature of the incident and whether aggravating factors are present. Generally, assault can be classified as:
- Class C Misdemeanor: For threats or provocative contact (punishable by a fine of up to $500).
- Class A Misdemeanor: For causing bodily injury (punishable by up to a year in county jail and a fine of up to $4,000).
- Felony Assault: If serious injury occurs, a weapon is used, or the assault is committed against certain individuals, the charge may be upgraded to a felony with much harsher penalties, including years of imprisonment.
3. Will I go to jail if I’m convicted of assault?
It depends. For a misdemeanor assault, jail time is possible but not guaranteed. A good attorney can often negotiate alternatives to jail, such as probation or anger management programs. However, if the assault involves serious injury, a weapon, or is committed against someone in a protected category (e.g., a public servant, family member, or someone with whom you have a domestic relationship), a felony charge may carry mandatory jail time.
4. Can I claim self-defense?
Absolutely. In Texas, self-defense is a valid legal defense if you reasonably believed you were at risk of harm and used force to protect yourself. Texas law allows you to defend yourself, your property, and others if you are facing imminent harm. It’s important to consult with an experienced lawyer to build a robust self-defense argument.
5. Can the charges be dropped if the victim doesn’t want to press charges?
Many people believe that if the victim doesn’t want to press charges, the case will automatically be dismissed. This is not true. In Texas, once an assault has been reported, it is up to the prosecutor, not the victim, to decide whether to pursue charges. While the victim’s wishes can influence the case, the prosecutor has the final say.
6. What should I do if I’m charged with assault?
If you’re facing assault charges, there are several critical steps to take:
- Remain Silent: Do not speak to the police or make any statements without a lawyer present. Anything you say can be used against you in court.
- Contact an Attorney: The sooner you hire a criminal defense lawyer, the better. An experienced attorney can help gather evidence, speak with witnesses, and build a strong defense.
- Stay Calm: Emotions can run high, but keeping a level head and following your lawyer’s advice is essential.
7. How can a lawyer help me fight an assault charge?
A skilled criminal defense lawyer will thoroughly investigate the facts of your case, identifying weaknesses in the prosecution’s evidence, and developing a strategic defense. Depending on the circumstances, your lawyer may argue self-defense, demonstrate lack of intent, question the credibility of witnesses, or negotiate a reduction in charges or penalties.
8. What if this is my first offense?
If this is your first offense, you may be eligible for alternative sentencing options such as probation, deferred adjudication, or pretrial diversion programs. A first-time offender status can sometimes lead to more favorable outcomes, including the possibility of having the charge dismissed upon successful completion of a program.
9. How long will the legal process take?
Assault cases can take anywhere from a few months to over a year, depending on the complexity of the case and whether it goes to trial. If your case is straightforward and your lawyer negotiates a favorable plea deal, the process may be quicker. If your case goes to trial, it could take longer as both sides prepare for court.
10. What if I’m convicted? Can I appeal?
Yes, if you are convicted, you have the right to appeal. However, appealing a case can be complex and requires strong legal representation. Your attorney will need to demonstrate that a legal error occurred during your trial that affected the outcome.
Facing an assault charge can be overwhelming, but remember—you are not alone. With the right legal representation, you can fight these charges and protect your rights. If you or someone you know has been charged with assault in Texas, don’t hesitate to contact my office. As an experienced Texas criminal defense lawyer, I am here to help guide you through the legal process and work toward the best possible outcome.
In conclusion, as a distinguished San Antonio Assault Lawyer, this attorney brings unparalleled expertise and dedication to defending clients facing all types of assault charges. With a deep understanding of the complexities of the law, he excels as an Assault Defense Attorney San Antonio, adeptly navigating cases ranging from simple assaults to more serious allegations. His proficiency as an Aggravated Assault Lawyer San Antonio and a Domestic Assault Attorney San Antonio ensures that every client receives tailored strategies that prioritize their rights and future. As a seasoned Assault with a Deadly Weapon Lawyer San Antonio, he skillfully addresses the nuances of severe cases while providing robust representation as a San Antonio Lawyer for Assault Charges. Furthermore, his experience as a Self Defense Lawyer San Antonio and a Family Violence Assault Lawyer San Antonio highlights his commitment to advocating for those facing the most challenging situations. Trust in his unwavering dedication to achieving the best possible outcomes for his clients.