In Texas, Assault BI FV stands for assault causing bodily injury with a family violence finding, filed under Texas Penal Code Section 22.01 when someone intentionally, knowingly, or recklessly causes physical pain or injury to a family member, household member, or dating partner.1State of Texas. Texas Penal Code Title 5 Chapter 22 Section 22.01 – Assault A first offense with no aggravating facts is a Class A misdemeanor, carrying up to one year in county jail and a fine of up to $4,000. Prior family violence convictions, strangulation, or the use of a weapon can push the same conduct into felony territory, and any conviction, even the misdemeanor version, triggers a lifetime federal ban on possessing firearms.
Who Counts as Family, Household, or Dating Partner
The “FV” designation does not require marriage or a shared address. The assault statute cross-references the Texas Family Code to reach current and former spouses, parents of a shared child whether or not they ever lived together, people related by blood or marriage, current and former roommates, and foster parents and children. It also covers dating relationships, which courts evaluate by looking at the length, type, and frequency of contact between the two people. Someone who was never married to the alleged victim and never lived with them can still be charged under this statute.
What the State Has to Prove
The prosecution needs to show that the defendant intentionally, knowingly, or recklessly caused bodily injury to a person who falls within one of the covered relationships. “Bodily injury” under Texas law means any physical pain, illness, or impairment of a physical condition. There is no requirement of visible bruising, broken bones, or medical treatment. A slap that stings, a shove that leaves soreness, or a grab that causes pain can meet the definition. This low threshold is one reason arrests happen in situations the parties themselves would not describe as violent.
Penalties for a First Offense
A first-time Assault BI FV without aggravating factors is a Class A misdemeanor, the most serious misdemeanor class in Texas.1State of Texas. Texas Penal Code Title 5 Chapter 22 Section 22.01 – Assault The exposure is:
- Up to one year in county jail.
- A fine of up to $4,000.
- Community supervision, often one to two years, sometimes ordered in place of jail. Conditions can include anger management, a batterer intervention program, community service, and drug or alcohol testing.
- Restitution to the victim for medical costs, counseling, lost wages, and property damage.
The sentence is only part of the picture. The family violence finding attached to the case carries consequences that outlast probation, and those consequences apply to a first-time misdemeanor conviction the same way they apply to a felony.
When the Charge Becomes a Felony
A Prior Family Violence Conviction
One prior conviction for an offense committed against a family member, household member, or dating partner turns a new Assault BI FV into a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000.1State of Texas. Texas Penal Code Title 5 Chapter 22 Section 22.01 – Assault The prior does not need to be an assault charge; violations of family-violence protective orders and certain other offenses in the same chapter of the Penal Code count. Two or more qualifying priors push the new charge to a second-degree felony, with a range of two to twenty years and a fine of up to $10,000. Prosecutors pull criminal histories aggressively in these cases, including out-of-state records.
Strangulation or Impeding Breath
If the assault involved applying pressure to the throat or neck, or blocking the nose or mouth, in a way that impeded breathing or blood circulation, the charge is a third-degree felony on its own, with no prior conviction required. Texas added this enhancement because strangulation is a strong predictor of later lethal violence in domestic relationships. A brief grab around the neck during an argument can bring it into play.
Deadly Weapon or Serious Bodily Injury
When a weapon is used, or when the victim suffers an injury that creates a substantial risk of death, permanent disfigurement, or loss of a bodily function, the case usually moves from Section 22.01 to aggravated assault under Section 22.02. Aggravated assault against a family member is a first-degree felony carrying five to ninety-nine years in prison. An arrest that begins as Assault BI FV can be re-filed at this level once prosecutors review medical records or learn a weapon was involved.
The Federal Firearm Ban
Under 18 U.S.C. ยง 922(g)(9), any person convicted of a misdemeanor crime of domestic violence is permanently barred from possessing a firearm or ammunition anywhere in the United States.2Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions This applies to a first-offense Class A misdemeanor Assault BI FV. There is no carve-out for law enforcement officers or military personnel: the Lautenberg Amendment removed the government-employee exception that exists for other federal firearm prohibitions, and a covered officer or service member cannot carry on duty.3United States Department of Justice Archives. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence For anyone whose job depends on being armed, this consequence can matter more than jail time.
A person subject to a family violence protective order is also barred from possessing firearms while the order is in effect, even before any conviction.
Immigration Consequences for Non-Citizens
Federal immigration law lists a crime of domestic violence as an independent ground for deportation. Any non-citizen convicted of a covered offense committed after admission is deportable regardless of status or length of residence.4Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens The definition reaches crimes of violence against a spouse, former spouse, co-parent, cohabitant, or anyone else protected under domestic violence laws. A conviction may also be treated as a crime involving moral turpitude, which opens additional grounds for removal and inadmissibility. Felony-level family violence convictions can qualify as aggravated felonies, which bar most forms of relief from removal.
A plea that looks favorable on the criminal side, such as probation with no jail, can still be a deportation trigger if the family violence finding stays on the record. Non-citizens facing this charge need criminal defense counsel and immigration counsel talking to each other.
Why Deferred Adjudication Is Not a Clean Slate
Texas courts can offer deferred adjudication on an Assault BI FV, where the defendant pleads guilty or no contest but the court withholds entering a conviction. Completing probation ends the case without a final judgment. It does not, however, erase the family violence finding.
A deferred adjudication for family violence counts as a prior conviction for purposes of elevating a future Assault BI FV to a felony. It triggers the federal firearms ban. And Texas law specifically bars expunction or nondisclosure of offenses involving family violence, so the arrest, the charge, and the deferred adjudication stay visible on background checks. Even the best available disposition leaves a permanent footprint.
Employment, Housing, and Custody
A family violence record affects licensing in nursing, teaching, law, and other regulated fields, where boards can deny, suspend, or revoke a license based on the conviction. Jobs requiring security clearances or peace officer licensing often become unavailable. Landlords can consider the nature and recency of a conviction, and a recent family violence entry makes competitive rental screening harder.
Family courts weigh a family violence finding when deciding custody and visitation under the best-interest standard. The result can be supervised visitation, restricted access, or loss of the right to decide where the child lives.
What Happens After the Arrest
Texas law directs officers responding to a family violence call to identify the primary aggressor and, if probable cause exists, make an arrest. The alleged victim cannot call it off. Within roughly 24 to 48 hours, the defendant sees a magistrate who sets bail and almost always imposes a no-contact order as a bond condition. That order forbids direct or indirect contact with the alleged victim and can require the defendant to leave a shared home. A magistrate can also issue an emergency protective order at that hearing, lasting up to 61 days, or up to 91 days if a deadly weapon was involved. Violating either order is a separate criminal offense.
Many Texas prosecutors follow a no-drop policy and pursue the case even when the complaining witness recants or refuses to cooperate. They rely on 911 recordings, body-camera footage, injury photographs, medical records, and statements made to officers at the scene, which often come in through hearsay exceptions such as excited utterances. A defendant should not assume the case will disappear because the alleged victim wants it to.