Texas domestic violence laws and their punishment ranges can be found among Texas Penal Code Assault Family Violence provisions. For more detailed information on domestic violence charges in Texas, click here. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. If you have been arrested for domestic violence charge in Texas, contact me, a domestic violence defense attorney, for a free consultation. As you can see from the punishment ranges listed below, assault family violence is serious, but a domestic violence attorney with a proven track record of success can guide you through the criminal justice system toward a good outcome that can potentially leave you with a clean record.
Misdemeanor Domestic Violence Charges in Texas
Class C Misdemeanor Assault Family Violence
- Equivalent to a traffic ticket
- Conduct is offensive or provocative but does not cause bodily injury
- Conduct against someone defined by Texas Family Code
- Assuming no enhancements apply
- Up to $500 fine, no jail time
Assault Family Violence
- Class A Misdemeanor
- Conduct caused bodily injury
- Conduct against someone defined by Texas Family Code
- Assuming no enhancements apply
- Up to $4,000 fine; up to 365 days in county jail; or up to 2 years of probation
Felony Domestic Violence Charges in Texas
Assault Family Violence Impede Breath or Circulation
- Also known as Assault Family Violence Strangulation
- Third-degree felony
- Conduct against someone defined by Texas Family Code
- Conduct causes bodily injury specifically due to impeding the normal breathing or circulations of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth
- Assuming no enhancements apply
- Up to $10,000 fine; 2 – 10 years prison; or 2 – 10 years of probation
Aggravated Assault Family Violence Texas
- Second-degree felony
- Conduct against someone defined by Texas Family Code
- Conduct causes serious bodily injury OR involves the use or exhibition of a deadly weapon during the commission of the offense
- Assuming no enhancements apply
- Up to $10,000 fine; 2 – 20 years prison; or 2 – 10 years of probation
Aggravated Assault Family Violence Texas (enhanced due to conduct)
- First-degree felony
- Conduct against someone defined by Texas Family Code
- Conduct involves the use or exhibition of a deadly weapon AND causes serious bodily injury
- Assuming no additional enhancements apply
- Up to $10,000 fine; 5 – 99 years or life in prison; or 5 – 10 years of probation
Assault Family Violence with Previous Conviction
- Class A misdemeanor Enhanced to third-degree Felony
- Conduct causes bodily injury
- Conduct against someone defined by Texas Family Code
- Previous conviction of offense under penal code Ch. 19, 22, 20.03, 20.04, 21.11, or 25.11 committed against person defined by the family code
- Assuming no additional enhancements apply
- Up to $10,000 fine; 2 – 10 years prison; or 2 – 10 years of probation
- Third-degree felony enhanced to second-degree felony
- Conduct causes bodily injury specifically due to impeding the normal breathing or circulations of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth
- Conduct against someone defined by Texas Family Code
- Previous conviction of offense under Ch. 19, 22, 20.03, 20.04, or 21.11 committed against person defined by family code
- Up to $10,000 fine; 2 – 20 years prison; or 2 – 10 years of probation
Frequently asked questions…
- Can domestic violence charges be dropped in Texas?
- What is an affidavit of non-prosecution?
- Can a domestic violence charge be expunged in Texas?
- Can you buy a gun in Texas with a domestic violence charge?