This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
Key Takeaways
Domestic violence sentences in Texas range from no jail at all to life in prison, depending on how the charge is graded. That range leaves people who have just been arrested without any real sense of what they are facing. The grading turns on a handful of specific facts: The injuries alleged, whether strangulation is claimed, and whether there is a prior family violence conviction on record.
At LaVine Law Firm, our Houston domestic violence defense lawyer team works through those factors with clients before the first court setting. If you want to know where your own case falls, call us, and we will go through it with you.
A domestic violence sentence in Texas can range from no confinement at all to life in state prison. The length depends on how the offense is graded, and grading turns on the injuries alleged, any prior convictions, and whether a weapon was involved.
Below are the sentencing ranges that apply to family violence cases, based on the Texas Penal Code offense classifications:
| Charge level | Confinement | Maximum fine |
| Class C misdemeanor assault | None; fine only | $500 |
| Class A misdemeanor assault | County jail, up to 1 year | $4,000 |
| Third degree felony | State prison, 2 to 10 years | $10,000 |
| Second degree felony | State prison, 2 to 20 years | $10,000 |
| First degree felony | State prison, 5 to 99 years or life | $10,000 |
Most Houston cases begin somewhere in the first two rows. Where a case ends up is a separate question from whether jail time is likely at all in your case.
Texas has no offense formally named domestic violence. Prosecutors charge these cases under the assault statute, then allege that the other person was a family member, household member, or dating partner. That relationship allegation is what separates an ordinary assault from a family violence case.
A family violence finding is a formal determination entered by the court alongside the conviction. It does not create a longer sentence by itself. What it does is set up the enhancements that apply if another family violence charge follows later, which is where the sentencing ranges start climbing.
Most first-time allegations land in the misdemeanor range, where confinement is served in county jail rather than state prison. A misdemeanor family violence charge still carries real exposure, and it still produces a permanent criminal record.
An assault that intentionally, knowingly, or recklessly causes bodily injury is a Class A misdemeanor. Bodily injury is a low threshold under Texas law and can mean physical pain without any visible mark. The maximum term is one year in county jail alongside a substantial fine.
A county jail term is rarely the only consequence at this level. Several conditions commonly attach to a Class A family violence case:
Judges frequently suspend the confinement and impose the remaining conditions instead.
Not every family violence allegation involves injury. An assault charged as a threat of imminent bodily injury, or as physical contact the other person regards as offensive, is a Class C misdemeanor. That grade carries no jail term and a fine capped at $500.
Once a case crosses into the felony range, confinement moves from county jail to the Texas Department of Criminal Justice. A felony domestic violence charge also changes the minimum, because felony sentences carry a floor as well as a ceiling.
This is where most felony family violence cases sit. A third-degree felony carries two to ten years in state prison and a fine of up to $10,000.
If a term of imprisonment is imposed for a third-degree felony, the statutory range is two to ten years. In qualifying cases, community supervision or deferred adjudication may provide an alternative to immediate imprisonment.
The second degree range doubles the ceiling to 20 years while keeping the same two-year minimum. Family violence cases reach this grade through a combination of aggravating facts rather than through a single allegation.
First-degree felony punishment can apply in certain aggravated assault cases, including when the defendant uses a deadly weapon and causes serious bodily injury to a person in a qualifying family, household, or dating relationship.
Texas also treats repeated allegations as a standalone offense. Under Section 25.11 of the Texas Penal Code, a person who commits two or more assaults causing bodily injury against family or household members within twelve months commits continuous violence against the family. That offense is a third-degree felony carrying two to ten years in prison.
The practical effect is significant. Two separate misdemeanor allegations, neither of which resulted in a conviction, can be combined into a single felony charge. Jurors are also not required to agree on which specific incidents occurred.
Sentencing ranges on paper do not tell you where your own case is heading. If you are facing a family violence charge in Houston, call LaVine Law Firm at 713-965-7305, and we will review the offense grade prosecutors are actually pursuing.
Three factors do most of the work in moving a case up the sentencing ladder. Each one can add years to the maximum term, and they can stack.
A previous family violence conviction turns a Class A misdemeanor allegation into a third degree felony. Comparable convictions from other states count for this purpose. Prior felony convictions then raise the range further under Chapter 12 sentencing enhancements, so a third degree felony with one qualifying prior is sentenced in the second degree range.
An impeding breath allegation involves applying pressure to the throat or neck, or blocking the nose or mouth. When the other person is a family member, household member, or dating partner, that conduct is graded as a third-degree felony. No prior conviction is required. Where such an allegation is paired with a qualifying prior family violence conviction, the assault chapter grades the offense in the second degree.
Allegations involving a deadly weapon or serious bodily injury are charged as assault on a family member in aggravated form. Aggravated assault is generally a second-degree felony. It can become a first-degree felony when the defendant uses a deadly weapon and causes serious bodily injury to a person in a qualifying family, household, or dating relationship.
A family violence case typically escalates through the following steps:
Each step roughly doubles the maximum term a court can impose.
Confinement is not the only outcome. Courts can place a person on community supervision, and deferred adjudication can allow a defendant to avoid a final conviction if the supervision is completed successfully.
However, the arrest, charge, and deferred disposition do not automatically disappear from the public record, and family violence cases may be ineligible for an order of nondisclosure.
Under Chapter 42A of the Code of Criminal Procedure, deferred adjudication community supervision cannot exceed ten years in a felony case or two years in a misdemeanor case. A judge may extend those periods in limited circumstances.
Supervision brings ongoing obligations for the full term. The following conditions are common in family violence cases:
A violation can result in the original sentencing range being imposed in full.
Sentencing is often many months away from arrest. Misdemeanor cases in Harris County typically move faster than contested felonies, which can run past a year when expert review or a trial setting is involved. Time spent in custody before sentencing is a separate question from the sentence itself.
That waiting period is where most of the useful work happens. Our team at LaVine Law Firm uses it to examine reports, statements, and medical records before the offense grade is locked in.
Continuous violence against the family is a third-degree felony, which carries two to ten years in state prison. The charge applies when two qualifying assaults occur within twelve months.
An impeding breath allegation moves a Class A misdemeanor assault into the third degree felony range. That raises maximum exposure from one year in county jail to ten years in prison.
In a felony case, it cannot exceed 10 years; in a misdemeanor case, it cannot exceed 2 years. A judge may extend those periods in limited circumstances.
One qualifying prior felony means a third-degree felony is sentenced in the second-degree range, which can reach 20 years. Additional qualifying priors raise the range further.
Texas courts generally credit time served in custody before sentencing, though how it applies depends on the case and the court. Our Harris County attorneys can review your booking records and confirm what credit applies.
Sitting with a range that runs from probation to prison is its own kind of stress. Most people we meet are not asking anyone to promise an outcome. They want to know which end of that range their case realistically sits on, and what can be done to move it.
That answer comes from the details: The offense grade prosecutors selected, what the reports actually say, and what is in your record. Brian LaVine and our team review those details before your first setting so you are not guessing. We offer free case evaluations and payment plans, and we handle family violence cases throughout Houston and the surrounding counties.
If you are facing a family violence charge, knowing how long you could go to jail for domestic violence under Texas law changes how you plan. Call LaVine Law Firm in Houston at 713-965-7305 for a free case evaluation.
Free confidential consultations
Aggressive representation
Affordable payment plans
Highly rated
Track record of results
