
Assault Attorney San Antonio
Understanding Penalties for Assault in Texas
It’s critical to understand the difference between misdemeanor and felony assault charges, as each carries its own set of penalties. The penalties for misdemeanor assault, for example, can include up to one year in jail and a possible fine. With felony assault, however, the punishment is much more severe. A felony can result in a sentence of at least two years in prison, depending on the circumstances of the assault.
In Texas, individuals charged with felony assault and battery could face the following penalties:
- First-Degree Felony: 5 to 99 years or life in prison and up to $10,000 in fines
- Second-Degree Felony: 2 to 20 years in prison and up to $10,000 in fines
- Third-Degree Felony: 2 to 10 years in prison and up to $10,000 in fines
With so much at stake, you cannot afford to simply hope for the best. As your San Antonio assault attorney, Derek Emmons can stand up in your defense and utilize his extensive litigation skills to help you work towards the most favorable outcome for your case.
Assault is a broad term that includes any threatening action or attempt to injure a person. It is important to note that a person does not need to inflict any actual physical harm to be charged with assault in Texas; merely threatening to cause bodily injury to another can result in assault charges.
Assault charges can also lead to collateral consequences beyond legal penalties. If convicted, you might face challenges such as difficulty finding employment, losing certain professional licenses, or facing immigration issues if you're not a U.S. citizen. Understanding these broader implications highlights the importance of strong legal representation. Our firm is dedicated to not only contesting the charges in court but also advising on potential effects on your life outside the courtroom.
Contact us online or by phone at (210) 702-3054 now for a free consultation and case evaluation with San Antonio assault attorney Derek W. Emmons.
Navigating Assault Strangulation Charges
In many cases, assault charges are related to accusations of domestic violence. Domestic violence criminal cases are highly emotional and can be difficult for all parties involved, especially if they involve strangulation or suffocation.
Strangulation is defined as intentionally obstructing normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Strangulation may occur by a person’s bare hand or object and does not require that the victim be choked unconscious. This is a relatively new charge in Texas and oftentimes, it is overcharged.
Felony strangulation is often associated with domestic assault cases. This means that felony strangulation can be linked to domestic assault charges.
If charged with felony strangulation in Texas, you face the following penalties:
- Third-Degree Felony: 2 to 10 years in prison and up to $10,000 fine
- Second-Degree Felony: 2 to 20 years in prison and up to $10,000 fine
- First-Degree Felony: 5 to 99 years in prison and up to $10,000 fine
Understanding the specifics of strangulation charges is crucial, as they require unique defense strategies. Cases involving strangulation often rely heavily on witness testimonies, medical evaluations, and forensic evidence, making the initial assessment and collection of evidence pivotal. Our team ensures that every piece of evidence is closely examined to identify discrepancies or inconsistencies that could work in your favor.
Understanding Aggravated Assault in San Antonio
In San Antonio, the implications of aggravated assault can be particularly severe, given the city’s unique social dynamics and community concerns. Local law enforcement, including the San Antonio Police Department, actively addresses violent crime, which can lead to heightened scrutiny and more aggressive prosecution of assault cases. This means that if you find yourself facing aggravated assault charges, it’s crucial to have a knowledgeable advocate who understands the local legal landscape.
Residents of San Antonio may experience specific pain points related to aggravated assault, such as the impact on employment, housing, and personal relationships. The fear of a criminal record can be overwhelming, especially in a close-knit community where reputations matter. Additionally, the emotional toll of being involved in a legal battle can be significant, affecting not just the accused but also their families and loved ones.
Aggravated assault cases often carry severe legal consequences due to factors like use of a deadly weapon or assault leading to serious bodily injury. Navigating these complex cases requires a thorough understanding of local laws and courtroom procedures. Our firm is adept at handling the intricacies of aggravated assault charges, providing clients with a defense plan customized to address the gravity of the charges while advocating relentlessly for their rights.
Defending Against Assault & Battery Charges in San Antonio
Assault & battery charges in San Antonio require a robust and well-prepared defense strategy, considering the potential implications such charges may have on your life. Derek W. Emmons and his team at Law Office of Derek W. Emmons, P.C. understand the urgency and seriousness of these cases. With our office in San Antonio, we are deeply rooted in the community and have a firm grasp on how local legal nuances can affect your defense. Our approach focuses on protecting your rights while aggressively defending against the charges you face.
Our strategies often include scrutinizing the details surrounding your arrest and ensuring that all legal procedures were followed correctly. We challenge any unjust actions or discrepancies that could impact your defense. Our local knowledge of San Antonio’s legal climate enables us to negotiate effectively with prosecutors and to seek alternative sentencing options when there were mistakes or mitigating factors. This can make a significant difference in the outcome of your case, potentially reducing or even eliminating the need for a trial.
Facing Assault Charges in San Antonio: Understanding Local Support
When facing an assault charge in San Antonio, it's natural to feel overwhelmed. Knowing where to find local support and resources can be a significant first step. Within the San Antonio community, various organizations offer programs that may be relevant to individuals involved in assault cases. These can include resources focused on anger management, conflict resolution skills, and stress reduction techniques, which can be valuable in understanding and addressing the underlying factors. Exploring these local avenues can demonstrate a proactive approach to personal growth and responsibility.
For individuals in San Antonio struggling with alcohol or substance use, which can sometimes be a contributing factor in assault cases, numerous local support groups are available. Chapters of Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meet regularly throughout the city, providing a confidential and peer-supported environment for those seeking help with substance dependency.
While navigating these personal challenges, securing experienced legal representation within the San Antonio legal system is crucial. The team at Law Office of Derek W. Emmons, P.C. focuses on providing a robust defense for individuals facing assault charges in Bexar County. We understand the local courts and are committed to protecting your rights throughout the legal process.

Derek W. Emmons fights for the rights of those falsely accused of a crime in the San Antonio area. His skill, tenacity, and experience are committed to protecting your rights. You can always expect aggressive representation, personal attention, and dedicated service. For over 20 years, Derek W. Emmons has gone above and beyond for his clients and will do everything possible to help you avoid a criminal conviction.

Derek W. Emmons
"Derek W. Emmons is a criminal law attorney and the owner and founder of the Emmons Law Firm, P.C. Attorney Derek Emmons is a former Assistant District Attorney for Bexar County in the State of Texas. He is fully licensed by the Supreme Court of the State of Texas and the Western District of Texas Federal Court System, which ensures not only smooth representation in state courts but also in federal courts."
As a former prosecutor, Derek W. Emmons brings a unique perspective to every case he handles, employing an insider's understanding of the strategies used by the prosecution. This insight allows him to identify weaknesses in the opposing side's approach, offering his clients an advantage in court proceedings. Clients of Law Office of Derek W. Emmons, P.C. benefit from his strategic insight and commitment to crafting personalized defenses that take full advantage of the legal system's opportunities. His dedication to upholding justice and advocating fiercely for his clients' rights makes him a cornerstone of the firm's formidable reputation.
Client Reviews
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“Mr.Emmons is truly a great attorney.”- Clint D.
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“Mr. Emmons is an excellent attorney”- Kaelin R.
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- George R.
I enthusiastically recommend Derek Emmons to anyone with legal needs in his areas of practice. He handled my case with professionalism, provided me with clear expectations throughout an unfamiliar process, and advocated tirelessly on my behalf to ensure the best possible outcome.
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“I hope you never need an attorney to defend you. If you do, you need to give Derek Emmons a call. He will do everything to get a fair outcome.”- Liz

