Understanding Family Violence Charges in Texas
If you have been arrested for domestic violence, one of the first questions you may have is whether the offense is classified as a misdemeanor or a felony.
The answer depends on the circumstances of the alleged incident. In Texas, some family violence offenses are charged as misdemeanors, while others can result in felony charges that carry significant prison sentences and long-term consequences.
The severity of the alleged injuries, the presence of a weapon, prior criminal history, and whether multiple incidents are involved can all affect how prosecutors classify a domestic violence case.
Understanding how Texas law treats family violence offenses can help you determine whether a domestic violence allegation might be charged as a misdemeanor or felony based on the specific facts of the case.
What Is Considered Domestic Violence in Texas?
Texas law generally refers to domestic violence as “family violence.”
Under the Texas Family Code, family violence may involve:
- Causing bodily injury to a family or household member
- Threatening a family or household member with imminent bodily injury
- Certain acts of dating violence
- Physical abuse or threats of physical harm involving a family or household member
Family violence allegations can arise between:
- Spouses
- Former spouses
- Parents and children
- Relatives by blood or marriage
- Current or former dating partners
- Individuals who live in the same household
Criminal charges are typically filed under general Texas assault statutes and related criminal laws but carry potential enhanced penalties for family violence related charges.
When Is Domestic Violence a Misdemeanor in Texas?
Yes. Domestic violence may be charged as a misdemeanor in many situations.
When a first-time allegation occurs involving basic bodily injury to a family or household member, the case is often charged as a Class A misdemeanor, provided no aggravating factors like weapon use or strangulation are present.
A Class A misdemeanor conviction may carry penalties including:
- Up to one year in county jail
- A fine of up to $4,000
- Community supervision in appropriate cases
- Court-ordered counseling or intervention programs
Even a misdemeanor conviction can create serious consequences that extend beyond criminal penalties.
A domestic violence misdemeanor conviction may affect:
- Employment opportunities
- Professional licenses
- Housing applications
- Child custody disputes
- Firearm rights under state and federal law
For many individuals, these collateral consequences can continue long after a criminal sentence has been completed.
When Is Domestic Violence a Felony in Texas?
Yes. Domestic violence may be charged as a felony under several circumstances.
Prior Family Violence Convictions
Texas law provides enhanced penalties for repeat family violence offenses.
A person accused of assault causing bodily injury against a family or household member may face a third-degree felony charge if they have a prior qualifying family violence conviction.
A third-degree felony is punishable by:
- Two to ten years in prison
- A fine of up to $10,000
Aggravated Domestic Assault
Domestic violence allegations may be elevated to aggravated assault when prosecutors claim that the incident involved:
- Serious bodily injury, or
- The use or exhibition of a deadly weapon
Examples of deadly weapons may include:
- Firearms
- Knives
- Clubs
- Other objects capable of causing death or serious bodily injury under the circumstances
Aggravated assault involving a family or household member is commonly charged as a second-degree felony.
Potential penalties include:
- Two to twenty years in prison
- A fine of up to $10,000
Assault Family Violence by Impeding Breath or Circulation
Texas law treats allegations involving choking, strangulation, or blocking a person’s breathing particularly seriously.
A person may face a third-degree felony charge if prosecutors allege they intentionally, knowingly, or recklessly impeded the normal breathing or circulation of blood of a family or household member by:
- Applying pressure to the throat or neck, or
- Blocking the nose or mouth
A conviction may result in:
- Two to ten years in prison
- A fine of up to $10,000
Continuous Violence Against the Family in Texas
Texas law recognizes a separate offense known as Continuous Violence Against the Family.
A person may be charged when prosecutors allege that two or more assaults against a family or household member occurred during a twelve-month period.
Notably, prosecutors do not necessarily need prior convictions to pursue this charge. Allegations involving multiple incidents within the required timeframe may be sufficient.
Continuous Violence Against the Family is generally classified as a third-degree felony.
What Factors Determine Whether Domestic Violence Is a Misdemeanor or Felony?
Several factors can influence how a family violence case is charged, including:
- The nature of the alleged conduct
- The extent of any injuries
- Whether a weapon was allegedly involved
- Whether the offense involved choking or blocking the nose and mouth
- The defendant’s criminal history
- Prior family violence convictions
- Whether multiple incidents are alleged
- The relationship between the parties involved
Prosecutors review the facts and evidence in each case before determining what charges to pursue.
What Are the Consequences of a Domestic Violence Conviction?
A domestic violence conviction can have consequences that extend well beyond jail time or fines.
Potential consequences may include:
- Incarceration
- Criminal fines
- Protective orders
- Loss of firearm rights
- Employment challenges
- Professional licensing issues
- Immigration consequences for non-citizens
- Negative effects on child custody or visitation matters
The specific consequences depend on the facts of the case, the charges involved, and the outcome of the criminal proceedings.
Are There Defenses to Domestic Violence Charges?
Every criminal case is unique, and the available defenses depend on the specific circumstances involved.
Potential defenses may include:
- Self-defense
- Defense of another person
- False allegations
- Mistaken identity
- Lack of sufficient evidence
- Inconsistent witness statements
An experienced criminal defense attorney can evaluate the evidence, identify potential defenses, and explain the legal options available in your situation.
Contact a Texas Domestic Violence Defense Attorney
Domestic violence allegations should always be taken seriously. A conviction can lead to significant criminal penalties and long-term consequences that affect many aspects of your life.
At Bailey & Galyen, our criminal defense attorneys represent individuals facing misdemeanor and felony family violence charges throughout Texas. We can review your situation, explain the charges involved, and help you understand your legal options.
Contact Bailey & Galyen today to schedule a free consultation.
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