Is Domestic Violence a Felony or Misdemeanor in Texas?

Key Takeaways

• Domestic violence in Texas can be charged as a misdemeanor or a felony, depending on injury severity, weapon use, and criminal history.
• A first offense involving bodily injury is typically a Class A misdemeanor, but strangulation or prior convictions can trigger felony charges.
• Felony domestic violence can carry 2 years to life in prison, plus fines up to $10,000.
• Collateral consequences, including firearm bans and loss of custody, apply to both misdemeanor and felony convictions.
• If you face these charges, consult a criminal defense attorney as early as possible.

Domestic violence charges in Texas can fall under a misdemeanor or a felony. The answer depends on the facts of the case, the defendant’s criminal history, and the severity of the alleged conduct. The difference is enormous: a misdemeanor can mean up to one year in county jail, while a felony can mean decades in state prison. In 2024, Texas law enforcement agencies filed more than 49,000 misdemeanor and felony domestic violence assault charges statewide, according to the Texas Office of Court Administration. Understanding how Texas classifies these charges matters for anyone accused or anyone trying to make sense of the law. At LaVine Law Firm, we represent individuals facing domestic violence charges in Houston and across surrounding Texas counties.

When Domestic Violence Is Charged as a Misdemeanor

A first-time domestic violence allegation involving bodily injury is typically charged as a misdemeanor under Texas Penal Code § 22.01. The classification depends on the nature of the conduct and whether any aggravating factors apply. The sections below explain the most common misdemeanor charges.

Class A Misdemeanor — Assault Family Member First Offense

Under Tex. Penal Code § 22.01, assault causing bodily injury to a family member, is a Class A misdemeanor when charged as a first offense. The state must prove the defendant intentionally, knowingly, or recklessly caused physical harm to a family member, household member, or current or past dating partner.

Key facts about this charge:

• Penalty: Up to 1 year in county jail and a fine of up to $4,000
• Who qualifies as a “family member”? Under Texas Family Code Chapter 71.004, this includes spouses, ex-spouses, parents of the same child, cohabitants, former cohabitants, and individuals in current or past dating relationships.
• Bodily injury defined: Texas law defines bodily injury broadly. Physical pain of any degree satisfies the element, so even minor injuries can support a charge.
• Class C misdemeanor: Assault by threat or offensive contact without injury can also arise in domestic violence cases, but it carries only a fine

Even a first-offense Class A misdemeanor creates a permanent mark on your criminal record. We urge anyone charged to take this seriously and seek legal help right away.

Class A Misdemeanor — Assault by Threat Against a Family Member

Assault by threat under Texas Penal Code § 22.01(a)(2) involves intentionally or knowingly threatening a family member with imminent bodily injury. No physical contact is required. Words or gestures that place the alleged victim in reasonable fear of imminent harm can be enough to support a charge.

Consider these important points:

• Threatening conduct alone, without physical contact, can constitute a criminal offense.
• These charges often arise during arguments and rely on one party’s account to law enforcement.
• The subjective nature of “threat” claims creates real opportunities for defense, because the accused may challenge whether the conduct rose to the level of a criminal threat.
• A Class C misdemeanor typically applies, but certain circumstances involving a family or household member can elevate it to a Class A misdemeanor.

We have seen these cases hinge entirely on witness statements and the initial 911 call. A strong defense starts with a thorough review of all the evidence.

When Domestic Violence Becomes a Felony in Texas

Several circumstances automatically elevate domestic violence from a misdemeanor to a felony. When that happens, the potential penalties and the long-term consequences increase sharply. The sections below cover the most common felony enhancements under Texas domestic violence laws.

Third-Degree Felony — Prior Domestic Violence Conviction

Under Texas Penal Code § 22.01(b)(2), a second domestic violence conviction elevates the charge to a third-degree felony, even if the two offenses occurred years apart. This applies to assault, family violence, and related assault statutes.

Key details:

• Penalty: 2 to 10 years in state prison and a fine of up to $10,000
• The prior conviction does not need to have occurred in Texas. Out-of-state domestic violence convictions count for enhancement purposes.
• A first-offense misdemeanor creates permanent exposure: any future domestic violence allegation, no matter how minor, becomes an automatic felony.
• Prior convictions from Williamson, Harris, Fort Worth, or San Antonio all count the same.

This is why we treat every misdemeanor charge as seriously as a felony. The stakes are just as high when your criminal history is on the line.

Third-Degree Felony — Assault by Strangulation or Suffocation

Texas Penal Code § 22.01(b-3) makes assault by strangulation or suffocation against a family member a third-degree felony, even on a first offense with no prior criminal history. The charge applies when the defendant impedes normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth.

What makes this charge especially serious:

• Penalty: 2 to 10 years in state prison, even with no prior record
• Prosecutors and the Family Violence Unit have received specialized training to identify strangulation indicators.
• Prosecutors increasingly seek a “deadly weapon” finding by classifying the defendant’s hands as a deadly weapon, which triggers 3G restrictions on probation and parole.
• A deadly weapon finding limits the defendant’s eligibility for standard probation and restricts parole eligibility.

We have handled these cases and know how prosecutors build them. Evidence suppression and challenging the state’s medical evidence are two common defense strategies we explore early.

Third-Degree Felony — Continuous Violence Against the Family

Texas Penal Code § 25.11, the continuous violence statute, targets repeated conduct. It applies when a defendant commits two or more acts of domestic assault within a 12-month period. This charge carries a third-degree felony penalty: 2 to 10 years in prison and a fine up to $10,000.

The most dangerous aspect of this charge:

• The two prior acts do not need to have resulted in criminal charges or prior convictions.
• The prosecution can use uncharged incidents as evidence of the pattern.
• This allows the state to pursue felony domestic violence even when individual incidents would only support misdemeanor charges.
• District Attorneys’ offices in Harris County and across Texas use this statute to seek felony charges when the alleged victim reports a pattern of family or dating violence in a single police report.

The continuous domestic violence charge gives prosecutors enormous leverage. We work to challenge the evidence underlying each alleged incident and to hold the state to its burden of proof.

First-Degree Felony — Aggravated Assault Family Violence

Aggravated domestic assault under Texas Penal Code § 22.02 is the most severe domestic violence charge short of murder. It applies when the defendant causes serious bodily injury or uses or exhibits a deadly weapon against a family member, household member, or dating partner.

Critical facts about this charge:

• Penalty: 5 to 99 years or life in prison, plus a fine up to $10,000
• Serious bodily injury means injury that creates a substantial risk of death, causes permanent disfigurement, or results in the protracted impairment of a body part or organ.
• Deadly weapons include firearms, brass knuckles, baseball bats, and any object used in a manner capable of causing death or serious bodily injury.
• This is a 3G offense, meaning a judge cannot grant probation after conviction, and parole eligibility requires serving at least half the sentence.

A first-degree felony conviction can define the rest of someone’s life. We fight these charges at every stage, from challenging the police report to attacking the prosecution’s evidence at trial.

Collateral Consequences That Apply Regardless of Classification

A domestic violence conviction carries serious consequences beyond jail time. These consequences apply whether the charge is a misdemeanor or a felony. Here is what you need to know:

• Firearm rights: A domestic violence conviction, even a Class A misdemeanor, triggers a five-year firearms prohibition under Texas law after release or completion of supervision. Under the federal Lautenberg Amendment, any domestic violence misdemeanor or felony conviction results in a lifetime firearms prohibition. This means a permanent end to firearm rights, including hunting and licensed carry.
• Protective orders: Courts issue Emergency Protective Orders and permanent protective orders that restrict contact with the alleged victim and children. A defendant may be barred from their own home.
• Child custody impact: Family courts consider domestic violence findings when deciding custody and visitation. A conviction or active protective order can shift the best-interest analysis against the accused parent, potentially resulting in a Custody Order with Supervised Visitation.
• Employment and licensing: Background checks reveal family violence offenses. Careers in law enforcement, healthcare, education, and the legal field may be closed to someone with a domestic violence criminal record.
• Immigration: Non-citizens face potential deportation, denial of naturalization, or visa revocation after a domestic violence conviction, because federal law classifies it as a deportable offense
• Criminal record: Unlike many offenses, felony domestic violence convictions in Texas are difficult or impossible to seal or expunge. Even misdemeanor convictions for assault and family violence carry significant restrictions on non-disclosure.

These collateral consequences make it essential to fight every domestic violence charge, whether it is a misdemeanor or a felony. The cost of a conviction extends far beyond the courtroom.

Frequently Asked Questions

Talk to LaVine Law Firm About Your Domestic Violence Case Today

Whether a domestic violence charge is a misdemeanor or felony in Texas depends on the specific circumstances, but both carry serious criminal penalties and life-altering consequences. Jail time, a permanent criminal record, lost firearm rights, and damaged custody cases are all on the table. Early legal representation is the most effective way to protect your rights, challenge the prosecution’s evidence, and pursue the best possible outcome.

At LaVine Law Firm, we bring real results to the table:

• Over 700 cases dismissed
• Not guilty verdicts in assault family member cases
• Free, confidential consultations with no obligation
• Affordable payment plans to fit your situation
• 24/7 availability when you need us most

We serve clients in Houston, Harris County, Montgomery County, Galveston County, Fort Bend County, and surrounding Texas communities. If you or someone you care about faces a domestic violence charge, call us today at 713-489-7692 for your free initial consultation.

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