Domestic Violence: Felony or Misdemeanor in Texas?

In Texas, domestic violence can be charged as either a misdemeanor or a felony, and the line between them turns on what happened during the incident and what the accused person’s record looks like. A first-time simple assault against a family member, household member, or dating partner is normally a Class A misdemeanor. It becomes a felony when the assault involves strangulation, serious bodily injury, or a deadly weapon, when the defendant has a prior family violence conviction, or when two qualifying assaults occurred within a 12-month window. Felony penalties run from 180 days in state jail up to life in prison.

Who Counts as a Family, Household, or Dating Partner

Texas statutes use the term “family violence” rather than “domestic violence.” Under the Family Code, family violence is any act by a family or household member against another intended to cause physical harm, assault, or sexual assault, or any threat that reasonably puts the other person in fear of that harm. Self-defense is excluded.1State of Texas. Texas Family Code 71.004 – Family Violence

The relationships the statute reaches are broader than many people assume. Family includes people related by blood or marriage, former spouses, parents who share a child regardless of whether they were ever married, and foster parents and foster children.2State of Texas. Texas Family Code 71.003 – Family Household covers anyone living in the same home, related or not.3State of Texas. Texas Family Code 71.005 – Household Current and former dating partners are also covered, provided the relationship was romantic or intimate and not a casual acquaintance.4State of Texas. Texas Family Code 71.0021 – Dating Violence

The Misdemeanor Baseline

A simple assault against someone in one of those relationships, with no aggravating factors, starts as a Class A misdemeanor.5State of Texas. Texas Penal Code 22.01 – Assault The maximum punishment is one year in county jail, a fine of up to $4,000, or both.6State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor

The word “misdemeanor” understates the consequences. A Class A conviction for family violence triggers a permanent federal firearm ban, appears on background checks, and can reshape a custody case. It also becomes the trigger for felony treatment of any future family violence charge.

What Turns Domestic Violence Into a Felony

Five circumstances take a family violence charge out of misdemeanor territory. Some depend on what happened; some depend entirely on history.

A Prior Family Violence Conviction

This is the most common path to felony charges. Any prior conviction for an offense committed against a family member, household member, or dating partner elevates a new assault against someone in one of those relationships to a third-degree felony, even when the current incident would otherwise be a simple Class A misdemeanor.5State of Texas. Texas Penal Code 22.01 – Assault The two victims do not have to be the same person. The prior just has to have been against someone in a qualifying relationship.

Strangulation

Choking or strangling a family member, household member, or dating partner is a third-degree felony on the first offense, with no prior record required. The statute covers applying pressure to the throat or neck and blocking the nose or mouth. If the defendant has a prior family violence conviction, strangulation rises to a second-degree felony, carrying 2 to 20 years in prison.5State of Texas. Texas Penal Code 22.01 – Assault

Serious Bodily Injury or a Deadly Weapon

An assault becomes aggravated assault when the attacker causes serious bodily injury or uses a deadly weapon.7State of Texas. Texas Penal Code 22.02 – Aggravated Assault Serious bodily injury means an injury creating a real risk of death, causing serious permanent disfigurement, or resulting in the long-term loss of function of a body part or organ.8State of Texas. Texas Penal Code 1.07 – Definitions

Aggravated assault is generally a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.9State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment When someone uses a deadly weapon and causes serious bodily injury to a family member, household member, or dating partner, the charge climbs to a first-degree felony.7State of Texas. Texas Penal Code 22.02 – Aggravated Assault First-degree felonies carry 5 to 99 years in prison or life, plus a fine of up to $10,000.10State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment

Two Assaults Within 12 Months

Texas has a separate offense for patterns of abuse. Two or more assaults against a family member, household member, or dating partner within any 12-month period can be charged as continuous violence against the family, a third-degree felony.11State of Texas. Texas Penal Code 25.11 – Continuous Violence Against the Family The two victims do not have to be the same person. Two assaults on two different household members within a year qualifies.

This charge does not require any prior conviction. A person with a clean record who commits two qualifying assaults in a 12-month window is looking at 2 to 10 years in prison and a fine of up to $10,000.12State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment Prosecutors also do not need the jury to agree on the exact dates or locations of the individual assaults, only that two or more occurred within the 12-month period.11State of Texas. Texas Penal Code 25.11 – Continuous Violence Against the Family

Felony Punishment Ranges

Once a charge crosses into felony territory, the possible sentence depends on the felony class:

The fine cap is the same across all four levels. The prison time is not.

The Federal Firearm Ban Applies Even to Misdemeanors

This catches people off guard. Federal law permanently prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing, purchasing, shipping, or receiving any firearm or ammunition.14Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A felony conviction is not required. A Texas Class A misdemeanor conviction for family violence is enough.

The federal definition covers any misdemeanor involving the use or attempted use of physical force, or the threatened use of a deadly weapon, against a current or former spouse, a person who shares a child with the offender, a cohabitant, or a dating partner. There is a narrow exception for certain first-time dating violence misdemeanors: if the conviction is expunged, set aside, or pardoned, or if five years pass since the later of the conviction or completion of the sentence without any subsequent convictions, firearm rights may be restored. No such five-year restoration exists for convictions involving spouses, cohabitants, or people who share a child.15Office of the Law Revision Counsel. 18 USC 921 – Definitions Violating the ban is itself a federal crime punishable by up to 15 years in federal prison.

Effect on Child Custody

A family violence conviction also reshapes any custody proceeding. Texas courts must consider evidence of physical or sexual abuse when deciding conservatorship. When credible evidence shows a history or pattern of family violence, the court cannot appoint the parents as joint managing conservators.16State of Texas. Texas Family Code 153.004 – History of Domestic Violence The state’s usual presumption in favor of joint custody drops away entirely.17State of Texas. Texas Family Code 153.131 – Presumption That Parents to Be Appointed Joint Managing Conservators

If the court finds a history or pattern of family violence during the two years before the custody case was filed, it can deny the abusive parent access to the child altogether. Even when some access is granted, the court can require supervised visitation, exchanges in a protected setting, and drug or alcohol testing.16State of Texas. Texas Family Code 153.004 – History of Domestic Violence

Protective Order Violations Are a Separate Crime

A domestic violence arrest often comes with a protective order, and violating that order creates criminal exposure completely independent of the underlying assault. A first violation is a Class A misdemeanor. It becomes a state jail felony if the violation involves possessing a deadly weapon, or if the order was issued after the defendant’s conviction for an offense against the same victim. The violation is a third-degree felony when the defendant has two or more prior convictions for violating a protective order, or when the violation itself involves assault or stalking.18State of Texas. Texas Penal Code 25.07 – Violation of Certain Court Orders On its own, that carries 2 to 10 years in prison.